Draiyiage 173 



missioner has no right to divert surface water 

 from its natural channel and carry it along by 

 ditch or sluice to some other point before turning 

 it upon the adjacent land. He must so arrange 

 his sluices as to carry the water in its natural 

 channel, or, in case of surface water gathered in 

 the highway, he must carry it to the nearest 

 natural channel instead of flowing it upon the 

 adjacent lands. A failure to do this renders 

 the town liable for all damage to the land or to 

 growing crops. 



IV. DRAINAGE 



In case a person has wet lands in his farm, it 

 is very generally provided that he may bring a 

 proceeding to authorize the construction of a 

 ditch across any adjoining lands, for the purpose 

 of draining the wet places. The proceedings in 

 such a case are quite technical, and a lawyer 

 should be consulted before any steps whatever 

 are taken. It has been held, in some states, that 

 this proceeding constitutes a taking of private 

 property for private use, and is, therefore, un- 

 constitutional; but, as a general rule, some way 

 can be found to force a ditch or drain across the 

 adjoining lands, and the benefit is often so great 

 that the matter is well worth investigating. 



