90 



mendations and advice, to tlie in^<pect()r of irrigation, w iio will visit the })lace himself 

 or delegate tlie chief engineer of the province to do so, after liaving given notice to 

 the interested parties at least fourteen days in advance; if it is found that the com- 

 plainant actually irrigated Ids land from the same ditch during the preceding year, 

 the inspector of irrigation will so inform the governor, who will take such lawful 

 measures as may be necessary in order that the water may flow as forniei-ly, and that 

 nothing may })revent his use or enjoyment of the ditch. The governor will proceed 

 immediately in the execution of these measures, all expenses being l)orne by the 

 party or parties who intercepted the water. These expenses may be, in all of the 

 above cases, recovered in the manner i)rescril)ed in the decree of INIarch 25, 18S0. 



KEMOVAL OF TREES I'LAXTEl) OX I.EVEES XST) CAXAL RAXKS. 



Akticle 20. If it is found that trees planted on levees, or l)anks, or footpaths of 

 canals are private property, and are obstacles to the flow of the Avater, to navigation, 

 or to travel on the banks, the inspector of irrigation or tlie chief engineer of the 

 province shall order the owner to remove them. If he does not do this within eight 

 days, the inspector, after having obtained the written consent of the governor, shall 

 break or cut down the trees, sell the wood, and remit to tlie owner the receipts from 

 the sale after deducting expenses. 



CtLTIVATION OF THE BAXKS OR BED OF A CANAL. 



Article 21. The customary practice of cultivating the sides of canals not reached 

 by the water and the beds of Nili canals will be permitted, but the t'ultivator of such 

 land can not claim any damage for injury occasioned l)y necessary rei)air or clean- 

 ing of (;anals. However, the inspectors will enjoin the agents in charge of the work 

 to take all possible precautions to prevent loss to the growing crops. 



A farmer of such government land will not be required to pay rent therefor when 

 the crop shall have been damaged as a result of necessary public work executed 

 before harvest time. He will, however, be obliged to bear the loss of the damaged 

 crops. 



MAKIXO A ROAn AI.OXO A Cl'LTIVATED BANK. 



Article 22. If it is necessary to use for a public highway the bank of a canal ordi- 

 narily cultivated, or if for any reason it is desired to stop cultivation thereon, the 

 insj)ector of irrigation will request the governor to inform the farmer that cultivation 

 will not be permitted after the crops then growing shall have been harvested. If, in 

 spite of this notification, the farmer persists in using the bank for raising crops he 

 Avill have no claim against the government should the crops be destroyed by order 

 of the governor. But if the land along the bank yields revenue through taxation, 

 the government nmst remit the taxes thereon and declare it a public highway. 



COXSTRUCTIOX OR REPAIR OF PRIVATE HEAD GATES ALONG THE BANKS OF THE NILE 



OR OF A CANAL. 



Article 28. If the inspector of irrigation finds a head gate on the bank of the Nile 

 or of a canal, or any other works of protection, badly constructed or in poor condi- 

 tion, or in any way a source of danger to the banks, he will inform the governor, 

 who -will give orders to the owners of the works to make changes or repairs within a 

 period of forty days during the winter season. If the owner fails to do this the 

 inspector will request the governor to set aside another forty days for the accomplish- 

 ment of the work. 



If, after the second notice on the part of the governor, the owner of the head gate 

 refuses to make the changes or repairs, the governor may have the work done and 

 the expense will be recovered as provided in the decree of March 25, 1880. 



