256 ANTIMOSQUITO LAWS 



(//) That the water received on the lot may flow into the 



drains without obstruction ; 

 (6) That no water can remain on any portion of the 



surface of the lot other than the drains ; and 

 (r) That tlie surfiice of the lot does not remain swampy : 

 Provided tliat where the swampy state of any lot in any such 

 district is occasioned by the n)ain drains into which the drains of 

 the lot discharge not having a sufficient outfall or a sufHcient 

 capacity to carry off all the water discharged into them, the 

 owner or occupier of the lot shall not Ijc liable under this section 

 to raise the level of the surface of the lot if the level of such 

 surface is as high as the average height of the level of the land 

 surrounding such a lot for a distance of twenty roods ; and 



Provided that any owner may, with the consent of the local 

 authority of the district in which the lot is situate, have a pond 

 on the lot. 



24. (175, new Ordinance 13, of 1907.) Every local authority 

 may make bye-laws : 



1. For regulating the number, position, length, and width of 

 all drains, the materials of which they are to be constructed, 

 the mode of their construction, and the main drains into 

 which they are to discharge ; 



2. For im})osing on the owner of the lot, or on the occupier, 

 or on each occupier of the lot or of any building thereon, 

 the duty of keeping the drains on or adjoining the lot 

 clean and wholesome and free from obstruction ; 



3. For determining in what cases there is to be one drain 

 connnon to two adjoining lots and how the expense of the 

 same is to be divided between the owners or occupiers of 

 such lots ; and such bAC-laws may f^pply to the whole or any 

 specified part of the district of such local authority. 



26. (New Ordinance 176.) Where any lot within a town or 

 village district is not effectually drained . . . the local authority 

 shall, by a written notice, require in the first case the owner or 

 occupier of the lot or of any building on the lot, and in the 

 second case the owner or occupier of the land or of the dwelling- 

 house thereon, or if there be more than one of such owners or 

 occupiers, then any one or more of sucli owners or occupiers, to 

 perform within a reasonable time to be specified in the notice all 

 or any of the obligations imposed bv tliis Ordinance on the owner 

 or occupier for effectually draining the lot or portion of the land. 



If any owner or occupier fails to perform any act recjuired by 

 such notice to be performed he shall be liable to a penalty not 

 exceeding twenty-four dollars, and to a further penalty not ex- 



