General duties

IV. The duties of the Returning Officer and the qualifications of Returning of the voters and of the persons elected as Councillors at such first election shall be as prescribed by law, with respect to annual elections in Townships in Upper Canada.

Officer.

Collector to

furnish copy his roll so far the limits of

as relates to

the Town.

Oath of Re

V. The Collector of the Township of Stamford aforesaid, or of other person having the legal custody of the Collector's Roll, for the year in which this Act is passed, shall furnish to the said Returning Officer a true copy of the said Roll so far as the same relates to voters resident within the limits of the said Town, and so far as such Roll contains the names of all male freeholders and householders rated upon such Roll in respect of real property lying within such limits, with the amount of the assessed value of such real property, for which they shall be respectively rated on such Roll, which copy shall be verified upon oath or in such manner as is now required by law.

VI. The said Returning Officer before holding the said electurning Offi- tion shall take the same oath or affirmation as is now required by law for Returning Officers in any Town in Upper Canada.

cer.

Elections in

VII. Elections for Councillors of the said Town of Clifton future years after the year one thousand eight hundred and fifty-six, shall be held in conformity with the statutory provisions in respect of the several incorporated Towns of Upper Canada.

Oaths of persons elected.

Organization

Town Council

VIII. The several persons who shall be elected or appointed under this Act shall take the same oaths of office and of qualification as are now required by law.

IX. The said Councillors to be elected under this Act for the and powers of said Town, shall be organized in the same manner and in the same way as in any other incorporated Town in Upper Canada, and have, use and exercise the same powers and privileges as any other incorporated Town in Upper Canada.

Town to cease

to be part of Township.

X. From and after the passing of this Act the said Town shall cease to form a part of the said Township of Stamford, and shall, to all intents and purposes whatsoever, form a separate and independent Municipality, with all the privileges and Taxes for 1856 rights of an incorporated Town in Upper Canada; but nothing herein contained shall affect or be construed to affect any taxes imposed or to be imposed by law within the limits of the said Town or the collection thereof for the current year.

not affected.

Governor may divide the town into Wards.

XI. Whenever it may appear desirable to the Governor in Council, it shall and may be lawful for the Governor of this Province, by an Order in Council, to issue a Proclamation, under the Great Seal of this Province, dividing the said Town into Wards, setting forth the boundaries of the same, and to make a division of the said Town into Wards in such way or manner as may be deemed advisable; any law to the contrary thereof in any wise notwithstanding.

XII. All Acts and parts of Acts, and provisions of law or of inconsistent the Parliament of this Province, and all Acts, By-laws, rules Acts, By-laws, and regulations of any Township meeting, County Council, &c., repealed Counties Council or Township Council in Upper Canada, in force in Upper Canada, immediately before the time when this Act shall come into force, in so far as the same may be inconsistent with or contradictory to the provisions of this Act, shall be and they are hereby repealed, and shall cease to be in force from and after the day when this Act shall come into force.

XIII. Whenever the Village of Drummondville shall become Case of incoran incorporated Village or Town, the boundaries of the said poration of Town of Clifton and Village or Town of Drummondville shall Drummondville provided be adjusted by a Commissioner to be appointed for that purpose for. by the Governor in Council.

XIV. This Act shall be deemed a Public Act.

CAP. LXIV.

An Act for the construction of Water Works in the
City of Hamilton.

W

[Assented to 19th June, 1856.]

Public Act.

HEREAS the construction of Water Works and a supply Preamble. of water would conduce to the health and comfort of

the inhabitants of the City of Hamilton: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The persons hereafter to be elected in the manner provided Board of Comfor in this Act, and their successors, shall constitute a Board, missioners to be called and known as the Water Commissioners for the constituted. City of Hamilton.

II. It shall be the duty of the said Commissioners to examine, Duty of Comconsider and decide upon all matters relative to supplying the missioners. said City of Hamilton with a sufficient quantity of pure and wholesome water for the use of its inhabitants, and the amount of money necessary to effect that object.

III. The said Commissioners shall have power to employ Commissioners engineers, surveyors and such other persons as in their opinion may employ may be necessary to enable them to fulfil their duties under Engineers, this Act.

IV. It shall and may be lawful for the said Commissioners, their agents, servants and workmen, from time to time, and at such times hereafter as they shall see fit, and they are hereby authorized and empowered to enter into and upon the lands of any person or persons, bodies politic or corporate, in the City of Hamilton, or within twenty miles of the said city, and

to

&c.

tour, set out and ascertain such parts thereof as they may require for the purposes of the said Water Works, and also to divert and appropriate any spring or stream of water thereon, as they shall judge suitable and proper, and to contract with the owners or occupiers of the said lands and those having an interest or right in the said water for the purchase thereof, or of any part thereof, or of any privilege that may be required for the purposes of the said Commissioners; and in case of any disagreement between the said Commissioners and the owners or occupiers of such lands, or any persons having an interest in the said water or the natural flow thereof, or any such privilege as aforesaid, respecting the amount of purchase or value thereof, or as to the damages such appropriation shall cause to them or otherwise or in case any such owner be an infant, occupier shall be an infant, married ried woman, or insane, or absent from this Province, or in case such lands or water privilege may be mortgaged or pledged to any person or persons, it shall and may be lawful for the Judge of the County Court of the County of Wentworth, on application being made to him, to nominate and appoint three indifferent persons as arbitrators, to award, determine, adjudge and order the respective of money which shall pay the respective persons entitled to receive the

said city to be apby the by the said Commissioners, then and there to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their consideration by Arbitrators to the parties interested; and each arbitrator shall be sworn efore some one of Her Majesty's Justices of the Peace, in ab and balitas for the said County of Wentworth, or the said city, any of whom may be required to attend the said meeting for that purpose, well and truly to assess the value or damages between the parties, to the best of his judgment Provided always, that Award may be any award under this Act shall be subject to be set aside on dus bapplication to the Court of Queen's Bench, in the same manner and on the same grounds as in ordinary cases of arbitration, in which case a reference may be again m made to arbitration as Sum awarded herein before provided; and that any sum so awarded shall be withiniauertain Bid within three months from the date of award, or determust be paid emination of on of any motion to annul the same, and in default payment t the proprietor may resume the possession of his property, and all his rights shall thereupon revive; and the award of a majority of the said arbitrators shall be binding on all parties concerned, subject as aforesaid. Le de 171

given for that purpose missioners after eight days' notice

taken for purposes of Water Works to be

b

V. The lands and water which shall be ascertained, set out, or appropriated by the said Commissioners for the purposes thereof as aforesaid, shall thereupon and for ever thereafter be vested in the Mayor, Aldermen and Commonalty of the City

of

water pipes,

Wentworth or

of Hamilton, and their successors, and it shall and may be vested in the lawful for the said Commissioners, and their successors, to Mayor, &c., construct, erect and maintain upon the said lands all such of Hamilton. reservoirs, water works and machinery requisite for the said undertaking, and to convey the waters thereto and therefrom, in, upon, or through any of the grounds and lands lying intermediate between the said reservoirs and water works, and the springs, streams, rivers or lakes, from which the same are procured, and the said City of Hamilton, by one or more lines of pipes, as may from time to time be found necessary; and for the better effecting the purposes aforesaid, the said Commissioners, their successors and servants, are hereby empowered to enter and pass upon and over the said grounds and lands intermediate as aforesaid, and the same to cut and dig up if necessary, and to lay down the said pipes through the same, Commissioners and upon, over, under, and through the highways, railroads and may lay down roads of and in the townships of the County of Wentworth, and &c., in the through the public ways, streets, lanes or other passages of County of the said City of Hamilton, and in, upon, through, or under the City of Hamil lands, grounds and premises of any person or persons, bodies corpo. ton. rate, politic or collegiate whatsoever, and to set out, ascertain, use and occupy such part or parts thereof as they the said Commissioners or their successors shall think necessary and proper, for the making and maintaining of the said works, or for taking up, removing, altering or repairing the same, and for distributing water to the inhabitants of the City of Hamilton, or for the uses of the Corporation of the said City, or of the proprietors or occupiers of the lands through or near which the same may pass, and for this purpose to sink and lay down pipes, trunks, reservoirs, and other conveniences, and from time to time to alter all or any of the said works as well in the position as in the construction thereof, as to the said Commissioners or their successors shall seem meet, doing as little damage as may be in the execution of the powers hereby Satisfaction to granted to them, and making reasonable and adequate satis- be made for faction to the proprietors, to be ascertained in case of dis dainages. agreement by arbitration as aforesaid: Provided always, that Proviso: nothing herein contained shall be construed to authorize the House or said Commissioners or any person acting under their authority geraken withto take for the purposes of the said works, any house, garden, out consent. or orchard, without the consent of the owner.

10

not to

of hindrance or

VI. If any person shall wilfully or maliciously hinder or in- Penalties in terrupt on cause or procure to be hindered or interrupted, the certain cases said Commissioners or their managers, contractors, servants, injury to the agents or workmen, or any of them, in the exercise of any of Commissionthe powers and authorities in this Act authorized and contained, ers or their or if any person shall wilfully or maliciously let off or discharge works. any water that the same shall run waste or useless out of the said works, or if any person shall throw or deposit any thing or noisome or offensive matter into the said water or water works, or in any way foul the same or commit any wilful damage or

injury to the works, pipes, or water, or encourage the same to be done, every person offending in any of the cases aforesaid shall, besides being subject to an action at law for the damages Offence to be a done thereby, be held guilty of a misdemeanor, and upon conmisdemeanor. viction thereof before any of the Courts of Criminal Jurisdiction Penalties. how in the County of Wentworth, or a Magistrate of the said County recovered or or City, shall be punished by the said Court, by fine and imenforced. prisonment or either, at the discretion of the Court as in other misdemeanors at Common Law or by summary conviction.

Materials belonging to Commission

ers to be free

from execution.

Books to be kept.

Report to be made yearly

to Mayor of Hamilton.

Board to regu

of water.

VII. All materials procured or partially procured under contract with the Commissioners, shall be exempt from execution, but it shall be the duty of the Commissioners to pay the moneys due to such contractor for such materials to the judgment creditor of the contractor under whose execution such materials ought otherwise to have been sold, upon his producing to them due proof that his execution would have so attached, and such payment shall be held as valid payment on the contract.

VIII. The Commissioners shall keep regular books of account and books for recording the whole of their official proceedings, and the said Commissioners and the Clerks employed in their service shall be sworn to the faithful performance of their duties, and all such books shall be open to the examination of any person or persons appointed for that purpose by the Mayor, Aldermen and Commonalty of the City of Hamilton: The Commissioners shall also, on the thirtieth day of June and the thirty-first day of December in each and every year, make a report to the said the Mayor, Aldermen and Commonalty of the City of Hamilton, of the condition of the works under their charge, accompanied by a statement of their receipts and expenditures on account of the same.

IX. The Board of Commissioners for the time being, shall late distribu- regulate the distribution and use of the water in all places and tion and price for all purposes where the same may be required, and from time to time shall fix the prices for the use thereof, and the times of payment, and they may erect such number of public hydrants and in such places as they shall see fit, and direct in what manner and for what purposes the same shall be used, all which they may change at their discretion: Provided always, Corporation to that all hydrants, conduits, or other appliances required and works. furnished for the purpose of extinguishment of fires shall be placed as the Mayor, Aldermen and Commonalty of the City of Hamilton shall direct, and shall be under their exclusive control and direction.

Proviso:

direct certain

Owners of

X. The owner and occupier of any house, tenement or lot, houses liable shall each be liable for the payment of the price or rent fixed for payment of by the Commissioners for the use of the water by such occupier, water-rate. and such price or rent so fixed shall be a lien upon the said house, tenement or lot in the same way and manner as other