lanes, sidewalks, squares and thoroughfares so far as is necessary for the purpose of erecting thereon and therein such lines of wires, pipes and poles, posts or other constructions for carrying and supporting the same or for the purpose of laying pipes of any kind, or of repairing the same or of building and maintaining conduits or other contrivances thereunder. Compensa 9. (1) In the event of any damage being done in tion, when the execution of any work authorized by the last damage done. preceding section, the party sustaining such damage shall be entitled to receive such compensation as may be mutually agreed upon, and in case the amount cannot be mutually agreed upon within one month after the act causing the damage, the same shall at the request in writing of such party be determined by three arbitrators, each of whom shall be a resident of the town or municipality of Shelburne, one to be appointed by such party, one by the council of the town, and the third by the two arbitrators so appointed; and if the two arbitrators are unable to agree upon a third arbitrator, then a third arbitrator shall be appointed by a judge of the County or Supreme Court, with or without cost to either party, and the award of the arbitrators so appointed, or of any two of them agreeing, shall be final and conclusive. In all other respects, other than those herein mentioned, such arbitration shall be subject to the provisions of the Revised Statutes respecting the Arbitration Act and the Towns' Incorporation Act; (2) The town shall pay and satisfy the full amount of the award, within six months from the publishing thereof, and costs as awarded shall be taxed and allowed by a judge of the County or Supreme Court on the sca'e provided for suits in such courts, according to the amount of the award. upon lands. 10. (1) The council may use, adopt or provide May enter for either water power, stream or other power for generating electricity, or for any use or purpose of this act, as the council deem best, and may in constructing, installing, repairing, altering or operating the electric power system provided for by this act, or for any purpose whatever of this act, or for the No liability carrying into effect of this act or any provisions therein, or any right or power thereby conferred or permitted, and at any and all times enter upon any lands within the town or in the municipality of Shelburne, and at any and all times enter upon the bed of the Roseway River or of any stream, brook or water course flowing or emptying into the Roseway River or its tributaries, but subject to all existing statutory rights, and build, dig or make dams, excavations, reservoirs or other works whenever necessary, and cause water to overflow the land bordering on any such stream, brook or water course, and take from such stream, lake, brook or water course, such quantities of water as may be required, and do, make and perform any work or thing deemed necessary or expedient in that behalf for carrying out the intentions and purposes of this act, and for any purpose under this act may take and acquire any lands and for such purposes shall have all the powers of expropriation conferred upon town councils by the Towns' Incorporation Act. and the provisions of sections 208 to 217 inclusive of chapter 71 Revised Statutes shall apply to expropriation proceedings under this act; (2) Any damage sustained by the owner of any land so entered upon by any work, and the value of any land or building so taken, shall be determined and paid over as specified and provided by the tenth section of this act. 11. Neither the town nor its officers shall be liable when repairing for damage caused by shutting off electric power or light by reason of accident, or for the purpose of repairing, maintaining, altering or removing any of the machinery or plant. Income, how applied. 12. All sums of money received from persons, firms or corporation for electricity, electric light, power or energy shall be and become the moneys of the town, and shall be applied to the purposes and in the order following: (a) To provide the sinking fund hereinafter specified; (b) To provide for the interest on the deben- (c) To provide for the payment of the operating (d) To provide for repairs and incidental ex- (e) To provide for any improvement, extension (f) To any other purpose to which the ordinary DEBENTURES. 13. (1) For the purpose of raising the amount Debentures. necessary to provide the electric power and light. system authorized by this act, and to carry into effect the work and purpose thereby contemplated, the council are hereby authorized and empowered to make and issue, from time to time, as may be by the council deemed expedient, debentures subject to the provisions of the Municipal Debentures Act, and amendments thereto, bearing interest not exceeding four and one-half per cent. per annum, payable half yearly and redeemable at any period not exceeding thirty years from the date of issue, to any amount not exceeding in the whole the sum of twenty thousand dollars, and to borrow money thereon; (2) Such debentures shall not be issued for a less sum than one hundred dollars each, and shall be signed by the mayor and clerk of the town and sealed with the town seal; (3) The said debentures, when issued, shall be a charge on all property, real and personal, of the town, and of the inhabitants thereof within the town; (4) The proceeds of such debentures shall be placed in the custody of the council, and shall be applied to Sinking fund the purpose of providing the electric light and power system contemplated by this act, and for no other purpose whatever. 14. (1) There shall be annually deposited by the council in some chartered bank of the province of Nova Scotia or Dominion Government Savings Bank, such sum as the council shall determine, but not less than two per cent. of the amount borrowed on debentures issued under this act, to the credit of an account to be called "The Shelburne Electric Sinking Fund"; (2) Such sinking fund and the interest thereon, and the proceeds realized from any debentures in which the same may have been invested from time to time, shall be used for paying off the debentures issued under this act, when the same mature and become due, and for no other purpose whatever. Town assessed 15. (1) If at any time the revenue from the for any deficit, electric light and power system installed under the Plant, etc., property of town provisions of this act, shall appear to be insufficient to provide for the sinking fund aforesaid, interest and debentures aforesaid, and operating expenses aforesaid, the council shall assess upon the town a sum sufficient to provide for any such insufficiency; (2) Such sum shall be assessed and rated upon the property and income of the ratepayers of the town liable to assessment for other town purposes in manner as other assessments are made, and all rates made by such assessment and rating shall, when so assessed and rated, be and become immediately payable, and may be levied or collected by warrant or otherwise, in like manner as other town rates may collected. be 16. All buildings, machinery, plant, real estate or other property under the provisions of this act, shall become and be the property of the town. BY-LAWS. 17. (1) The council shall have power from time By-laws. to time to make by-laws, rules, regulations not inconsistent with this act (a) for the proper management, control and (b) for the appointment, tenure of office and (c) generally all such other by-laws, rules and (2) The council may by such by-laws affix penalties of fine or imprisonment for violations thereof, which may be enforced under the Nova Scotia Summary Convictions Act. 3. The council shall have power to make bylaws not inconsistent with this act or the laws of the province, and also shall have power to repeal and modify the same, and may from time to time, as circumstances require, repeal, amend or re-enact such by-laws, but such by-laws and every repeal or amendment or re-enactment thereof shall be subject to the approval of the Governor-in-Council. 18. The production of a copy of any by-law, rule, or regulation made under this act, certified under the hand of the town clerk and the seal of the town, shall be sufficient evidence in any court of justice of the said by-law, rule or regulation, and of its approval by the Governor-in-Council, without proof of the official character of the town clerk, or of his signature or of his seal. |