SECRETARY'S REPORT. 257 



would be rare, that all those interested could agree to unite in efforts to 

 increase the general value of the estate, by such improvements. 



The great object in view was, then, to devise means, by which such 

 estates, suffering for want of systematic, -and often expensive, drainage 

 operations, might be improved, and the cost of improvement be charged 

 on the estate, so as to do no injustice to any party intere^ted. 



The plan finally adopted is, to allow the tenant or occupant to have 

 the improvement made, either by expending his private funds, or by bor- 

 rowing of the government or the private companies, and having the 

 amount expended, made a charge on the land, to be paid in annual pay- 

 ments by the person who shall be in occupation, each year. Under one 

 of these Acts, tlie term of payment is fixed at twenty-two years, and 

 under a later Act, at fifty years. 



Thus, if A own a life-estate in lands, and B the remainder, and the 

 estate needs draining, A may take such steps as to have the improvement 

 made, by borrowing the money, and repaying it by yearly payments, in 

 such sums as will pay the whole expenditure, with interest, in twenty-two 

 or fifty years ; and if A die by the expiration of the term, the succeeding 

 occupants continue the payments until the whole is paid. 



A borrows, for instance, $1,000, and expends it in draining the lands. 

 It is made a charge, like a mortgage, on the land, to be paid in equal 

 annual payments for fifty years. At 6 per cent., the annual payment 

 will be but about $63.33, to pay the whole amount of debt and the inter- 

 est, in fifty years. A pays this sum annually as long as he lives, and B 

 then takes possession, and pays the annual instalment. 



If the tenant expend his own money, and die before the whole term 

 expire, he may leave the unpaid balance as a legacy, or part of his own 

 estate, to his heirs. 



The whole proceeding is based upon the idea, that the rent or income 

 of the property is sufficiently increased, to make the operation advan- 

 tageous to all parties. It is assumed, that the operation of drainage, 

 under one of these statutes, will be efiectual to increase the rent of the 

 land, to the amount of this annual payment, for at least fifty years. The 

 fact, that the British government, after the most thorough investigation, 

 has thus pronounced the opinion, that drainage works, properly con- 

 ducted, will thus increase the rent of land, and remain in full operation a 

 half century at least, affords the best evidence possible, both of the utility 

 and the durability of tile drainage. 



Your committee are of opinion that these suggestions of 

 Judge French are entitled to the candid consideration of the 

 people of Massachusetts, and entertain the hope that the time 



