Resolution approving plan.

Construction of permanent sidewalk.

Power to borrow, etc.

convenient, after completion thereof, by resolution approve of such plan.

11.

(1) A resolution approving of a plan may be in the form "B" in the schedule to this act. When approved every plan shall be dated as of the day on which it is approved, and be signed by the mayor and town clerk, and be filed in the town office at Pictou;

(2) If, in any case after hearing, the council does not approve of a plan, another petition or petitions may from time to time be presented, and proceedings may be taken the same as if a petition had not been presented.

12. The council may at any time after a plan be approved, at any regular meeting, or at any special meeting called for the purpose, by a two-thirds vote of all the members of the council, pass a resolution ordering the construction of a permanent sidewalk with or without necessary curbs and gutters, on the sidewalk section to which such plan relates. Such resolution may be in the form in the schedule "C" to this act.

13. The council, after passing a resolution under section twelve of this act may:

(a) Cause the sidewalk mentioned in such resolution to be constructed and pay the expense thereof;

(b) Borrow on the credit of the town, by way of temporary loans from banks or any person or body corporate, or upon debentures, all moneys required to complete such works;

(c) Issue debentures in the name of the town in accordance with and in the form prescribed by chapter seven of the statutes of Nova Scotia for the year 1902, for all sums borrowed;

(d) Assess, vote, rate, collect, receive, appropriate and pay all sums required to pay the principal and interest of sums borrowed;

(e) When the work is completed and the total
cost thereof is ascertained, apportion and fix
the frontage tax which is to be borne by each
owner as his proportion of such cost under
this act, and pass all resolutions necessary for
this purpuse;

(f)

Pass any resolution that may be necessary, required or expedient for the carrying into effect of the purposes of this act;

No resolution

14. After a debt is contracted under this act, and until such debt and all interest thereon has been to be amended. fully paid;

(a) A resolution under section twelve of this
act passed by the council shall not be altered,
amended, rescinded or repealed;

(b) Notwithstanding any mistake, error, in-
formality, irregularity, omission or defect in
form or in substance in any proceeding, reso-
lution, plan, act, matter or thing purporting
to be taken, made, passed or done under the
provisions of this act, and every plan purport-
ing to be approved under section nine or ten of
of this act, and every resolution purporting to be
passed under section twelve or section thirteen of
this act, shall be conclusive evidence of all facts
and matters shown, indicated and stated thereon
and therein, according to the terms thereof,
and shall be absolutely valid and binding ac-
cording to the terms thereof upon all persons
affected thereby; and the same shall not in
any proceeding, action or suit at law or in
equity be voided, quashed or set aside either
in whole or in part.

tax a debt,

15. (1) Upon the passage of a resolution under Frontage section twelve of this act, the frontage tax which and how under this act is to be borne by the respective owners recovered. of abutting lots, shall thereupon become and be a debt owing and payable with interest by each owner respectively to the town as specified in section two of this act, and the same shall also thereupon become and be a lien and charge upon the lot of land to which at refers, prior to the other lien, charge or encumbrance

thereon other than liens created in favor of rates, taxes, or charges of the town, and may be enforced against such land and against the owner thereof in the same manner and with the same remedies as are provided by law in respect to rates and taxes. The said frontage tax and interest may also, at the option of the council, be recovered against the owner by action in the name of the town; and the council may also enforce the lien for said frontage tax by sale of the land as in this act provided; and in the event of any such sale the full amount owing by such owner, whether then due or not, may be deducted from the proceeds of such sale;

(2) If such frontage tax or instalment thereof, or interest thereon, is due and remains unpaid for six months after it has become due, the town clerk of said town may, by direction of the council, sell the land in respect of which such frontage tax or instalment or interest is owing and due, without the issue of any process or order therefor to satisfy the charge or lien against the same;

(3) The town clerk shall, by hand bills posted up in at least five public places in the town, and by advertisement in one or more newspapers published in the town, give notice of such sale. The notice may be in the form "D" in the schedule of this act, and shall, be given by posting the hand bills at least thirty days before the day of sale, and by one insertion of the advertisement in the newspaper in each week during the four weeks before the day of sale. The town clerk shall also at least twenty days before the day of sale, notify every mortgagee, judgment creditor and other person whose claim or lien is registered against a lot advertised to be sold, by mailing a copy of said hand bill, postpaid and registered, addressed to such mortgagee, judgment creditor and person at his usual place of residence as known to such clerk or to his solicitor or agent;

(4) At the time and place mentioned in such notice, the town clerk shall sell such land at public auction to the highest bidder, and shall under his

hand and seal execute a deed of the same to such purchaser, which shall be a valid and effectual conveyance of such land;

(5) The town clerk shall make an affidavit stating that the requirements of this act have, to the best of his knowledge and belief, been complied with, and shall annex to such deed the said affidavit to be registered therewith. The recital in such deed that the requirements of this act have been compiled with shall be conclusive evidence thereof;

(6) Out of the proceeds of such sale the town clerk shall satisfy the amount of the frontage tax and interest for the satisfaction of which the same has been sold, together with the costs and charges incurred in enforcing the said lien, and a sum not exceeding two dollars for the said deed and his services about the said sale, and the balance shall be paid to the owner of the said land; or the town clerk may pay the balance into the office of the Prothonotary of the Supreme Court for the County of Pictou in the following cases:

(a) If there are any claims or encumbrances on the lands so sold;

(b) If the owner thereof is unknown;

(c) If the person to whom the same belongs cannot be found;

(d) If there is any dispute as to the ownership of the land sold;

(e) If there is any dispute as to the person to whom the same shall be paid, or;

(f) If for any reason the council deems it advisable;

(7) The person or persons entitled to such balance shall, upon establishing his or their right thereto, on a summary application to the said court or a judge thereof, be entitled to have the same paid over to him or them on the order of the court or a judge;

Debentures

etc.

(8) Any mortgagee, judgment creditor or other person whose claim or lien is registered against a lot in respect of which a frontage tax is due under this act, may pay the whole of such frontage tax or any instalment or instalments thereof and interest thereon, and may add the amount so paid to his mortgage, judgment, claim or lien, and shall have in respect thereto the same rights, privileges and remedies against such lot as he has by virtue of or under the mortgage, judgment or other security held by him; and may also sue the person primarily liable for such frontage tax for the amount so paid and interest thereon at five per cent.

16. (1) All moneys borrowed, and all debentures to be a lien, issued, under the provisions of this act, and the interest thereon, shall be a charge upon the property, funds and revenues of the town;

Streets may

sidewalk

repair.

(2) Debentures shall bear interest at a rate not exceeding five per cent., and may beredeemable in periods not exceeding fifteen years from the date thereof. The principal, money and interest of such debentures shall be payable to the respective holders thereof at the town office in said town of Pictou;

(3) The whole amount borrowed and owing under the provisions of this act shall not at any time exceed ten thousand dollars.

17. For the purpose of properly levelling and be altered for grading any portion or portions of a street on which a sidewalk is to be constructed under this act, the council may cause the surface thereof to be built up or cut away to the extreme limit of the street; and in such case no owner, occupant or other person interested in any way, or having any claim, right or property to or in any land abutting upon such street or upon any adjoining or adjacent street or lane within the town, shall be entitled to any compensation from or be entitled to maintain any action, prosecution or proceeding against the town, the council, or any officer servant or contractor thereof, or any person acting under the authority of the town or council or any of