256 BOARD OF AGRICULTURE. 



Section 5 provides for repairs by a majority of those benefited ; and 

 Section G for appeals, as in the case of highways. 



By an Act of 1857, this Act was so far amended as to authorize the 

 application for the desired improvement, to be made to the selectmen 

 of the town, or the mayor and aldermen of the city, in case the lands 

 over which the improvement is desired are all situated in one town or 

 city. 



It is manifest certainly, that the State assumes power sufficient to au- 

 thorize any interference with private property that may be necessary for 

 the most extended and thorough drainage operations. The power which 

 may compel a man to improve his portion of a swamp, may ap])ly as well 

 to his wet hill-sides ; and the power which may open temporai-y passages 

 through lands or dams, without consent of the owner, may keep them 

 open jiermanently, if expedient. 



LAND DRAINAGE COMPANIES. 



Besides the charters which have at various times, for many centuries, 

 been granted to companies, for the drainage of fens and marshes, and 

 other low lands, in modern times, great encouragement has been given by 

 the British government for the drainage and other improvement of 

 high lands. Not only have extensive powers been granted to companies 

 to proceed with their own means, to effect the objects in view, but the 

 government itself has advanced money, by way of loan, in aid of drain- 

 age and like improvements. 



By tlie provisions of two Acts of Parliament, no less than $20,000,000 

 have been loaned in aid of such improvements. These Acts are gener- 

 ally known as Public Moneys Drainage Acts. There are already 

 lour chartered companies for the same general objects, doing an immense 

 amount of business, on private funds. 



It will be sufficient, perhaps, to state, in general terms, the mode of 

 operation under these several Acts. 



Most lands in England are held under incumbrances of some kind. 

 Many are entailed, as it is termed ; that is to say, vested for life in cer- 

 tain persons, and then to go to others, the tenant for life having no power 

 .to sell the property. Often, the life estate is owned by one person, and 

 the remainder by a stranger, or remote branch of the family, whom the 

 life-tenant has no desire to benefit. In such cases the tenant, or occu- 

 pant, would be unwilling to make expensive improvements at his own 

 cost, which might benefit himself but a few years, and then go into other 

 hands. 



On the other hand, the remainder-man Avould have no riglit to meddle 

 with the property while the tcnaut-for-lifc was in possession ; and it 



