How right of use or joint ownership of a drain may be obtained by a person other than the owner

§247

Summary

247. (1) Any person desiring to drain his premises into a 2[Corporation] drain through a drain of which he is not san owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the 1[Municipal Commissioner] for authority to use such drain or to be declared joint owner thereof. (2) Where the 1[Municipal Commissioner] is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient means by which the owner or occupier of any premises can cause the drain of such premises to empty into a 2[Corporation] drain or other place legally set apart for the discharge of drainage is through a drain communicating with such 2[Corporation] drain or place aforesaid but belonging to some person other than the said owner or occupier, the 1[Municipal Commissioner], after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if an objection is raised the same is disallowed by an order in writing, either authorize the said owner or occupier to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain, or otherwise as may appear to him to be equitable. (3) Every such order bearing the signature of the 1[Municipal Commissioner] shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling, as far as possible, the conditions of the said order and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situate with assistants and workmen, at any time between sunrise and sunset, and, subject to all provisions of this Act, to do all such things as may be necessary for - (a) connecting the two drains ; or (b) renewing, repairing or altering the connections ; or (c) discharging any responsibility attaching to the persons in whose favour the 1[Municipal Commissioner]‘s order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof. (4) In respect of the execution of any work under sub-section (3) the person in whose favour the 1[Municipal Commissioner]‘s order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of section 237.

247. (1) Any person desiring to drain his premises into a 2[Corporation] drain through a drain of which he is not san owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the 1[Municipal Commissioner] for authority to use such drain or to be declared joint owner thereof. (2) Where the 1[Municipal Commissioner] is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient means by which the owner or occupier of any premises can cause the drain of such premises to empty into a 2[Corporation] drain or other place legally set apart for the discharge of drainage is through a drain communicating with such 2[Corporation] drain or place aforesaid but belonging to some person other than the said owner or occupier, the 1[Municipal Commissioner], after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if an objection is raised the same is disallowed by an order in writing, either authorize the said owner or occupier to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain, or otherwise as may appear to him to be equitable. (3) Every such order bearing the signature of the 1[Municipal Commissioner] shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling, as far as possible, the conditions of the said order and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situate with assistants and workmen, at any time between sunrise and sunset, and, subject to all provisions of this Act, to do all such things as may be necessary for - (a) connecting the two drains ; or (b) renewing, repairing or altering the connections ; or (c) discharging any responsibility attaching to the persons in whose favour the 1[Municipal Commissioner]‘s order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof. (4) In respect of the execution of any work under sub-section (3) the person in whose favour the 1[Municipal Commissioner]‘s order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of section 237.

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