By a statute of March 28, 1855, the Legislature of Massachusetts has exercised a power as extensive as is desirable for all purposes of drainage, although the provisions of the act referred to are not, perhaps, so broad as may be found necessary, in order to open outfalls and remove all obstructions to drainage. As this act is believed to be peculiar, we give its substance:
"An Act to authorize the making of Roads and Drains in certain cases.
"Sect. 1. Any town or city, person or persons, company or body corporate, having the ownership of low lands, lakes, swamps, quarries, mines, or mineral deposits, that, by means of adjacent lands belonging to other persons, or occupied as a highway, cannot be approached, worked, drained, or used in the ordinary manner without crossing said lands or highway, may be authorized to establish roads, drains, ditches, tunnels, and railways to said places in the manner herein provided.
"Sect. 2. The party desiring to make such improvements shall file a petition therefor with the commissioners of the county in which the premises are situated, setting forth the names of the persons interested, if known to the petitioner, and also, in detail, the nature of the proposed improvement, and the situation of the adjoining lands."
Sect. 3 provides for notice to owners and town authorities.
Sect. 4 provides for a hearing, and laying out the improvement, and assessment of damages upon the respective parties, "having strict regard to the benefits which they will receive."
Sect. 5 provides for repairs by a majority of those benefitted; and Sect. 6 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 Select-men 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 authorize 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 apply as well to his wet hill-sides; and the power which may open temporary passages through lands or dams, without consent of the owner, may keep them open permanently, if expedient.