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Section 77:

Rivers And Canals Act · PART II: CANALS

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

77. Magistrate may order repairs (1) Where there is no quorum for a meeting of riverains called under section 76 by the syndic either on requisition by a riverain, or on order by the District Magistrate, or where the riverain, at the meeting do not resolve to make the repair called for by the riverain, the riverain may institute before the District Magistrate a civil action against the other riverains for the purpose of having the repairs made under judicial authority, and in that action it shall only be necessary to call as defendant the syndic of the canal as representing the body of the riverains. (2) Where in any action it is proved to the District Magistrate that such repair is necessary and ought to be made by the community of riverains, the District Magistrate shall order the same to be made at their joint expense, and shall afterwards give judgment against the riverains for the expense of the same in proportion to their respective shares in the canal. (3) The costs of the proceedings shall be paid by the person or persons whose refusal or omission rendered the proceedings necessary. (4) This section shall apply to canals supplying water to fewer than 3 riverains, or to riverains who are unable to form a quorum, and have no syndic, and in such cases the action shall be entered by one of the riverains against the others.

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