CAP. LVI. An Act to vest in the Corporation of the City of W [Assented to 18th May, 1861.] WHEREAS the Corporation of the City of Hamilton have Preamble. petitioned that the Water Works of the said City may be vested in the said Corporation, and it is expedient to comply with the prayer of such petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The Act of the Parliament of this Province, passed in Acts 20 V. c. the twentieth year of Her Majesty's Reign, intituled: An Act 84 and 23 V. for the construction of Water Works in the City of Hamilton, c. 87, repealand also another Act to amend the same, passed in the twentythird year of Her Majesty's Reign, intituled: An Act to amend an Act, intituled: An Act for the construction of Water Works in the City of Hamilton, shall be, and the same, save for the purposes of this Act, are respectively hereby repealed; Pro- Proviso: as to vided, always, that neither such repeal nor any thing here in things done contained shall affect, annul or make void, any matter or thing under them, done or agreed to be done under the said Acts, or relieve any parties from obligations incurred thereunder, or whilst the same were in force. missioners by tion of the 2. All and singular the powers, privileges and authorities Powers grantby the said Acts conferred, given and granted to the Water ed to the Commissioners of the said City, shall, (save only as they are Water Comvaried by this Act) from and after the passing hereof, be con- the said Acts, ferred upon, vested in, and exercised by the Corporation of the transferred to City of Hamilton, which, through its Council, shall, in all the Corporarespects, and in every particular, occupy the place and posi- City. tion of the said Water Commissioners, and be liable for their engagements and contracts, and be entitled to the benefit of all contracts, engagements and securities entered into with the said Commissioners, and be entitled to sue thereon in the Corporate name of the said City; and all property, real or personal, heretofore taken or held by or for the benefit of the said Commissioners, shall, from the passing of this Act, vest absolutely in the Corporation of the City of Hamilton; and all and How the singular the enactments in relation to the said Water Works, the said Act and the management thereof, in the said Acts contained, the shall apply. penalties thereby imposed, and the powers thereby granted to Justices of the Peace, not inconsistent with this Act, are hereby re-enacted, as fully as if the same had been repeated herein, save only as they are modified or altered by this Act; Provided, Proviso. also, that the words "Corporation of the City of Hamilton," shall be substituted for the words "Water Commissioners,' wherever the same oceur in the Acts hereinbefore referred to enactments of Corporation powers of former Commissioners, and make a tariff of water rates. By whom payable and from what time. 3. The Corporation of the City of Hamilton shall, through may exercise its Council, have full power and authority to exercise all and singular the powers conferred upon the said Commissioners (save as aforesaid); and, in addition thereto, it shall be lawful for the said Corporation, through its Council, from time to time, to establish by By-law, a tariff of rents or rates for water supplied, or ready to be supplied in the said City, from the said Water Works; which said tariff of rents or rates shall be payable at the times, and in the manner to be established in the said By-laws, by all proprietors, occupants or others, supplied with water from the said works, or whom the said Council may be prepared and ready to supply with water; which said tariff of rents or rates shall, and may be made payable, by all such proprietors, occupants or others, as well by those who refuse as by those who consent to receive into their houses, stores or other buildings, the water pipe to supply the said water; but such tariff of rents or rates shall not be payable by the proprietors or occupants of any such house, store or other building, until after the said Council shall have notified them, that they are prepared and ready to supply the same with water; and, if from the time of such notification, to the next period appointed for the payment of such tariff, rents or rates, there shall be any broken period, then, such tariff shall be payable pro rata for such broken period, as if Proviso as to accruing, and due day by day; Provided that the expense of expense of in- introducing the said water into the said houses, stores or other troducing and buildings, shall be borne by the said Council, and the work distributing water. performed by them; but the expense of the distribution of the water, through the said houses, stores or other buildings, after being introduced into them, shall be borne and paid for by Proviso: as to such proprietors or occupants; And provided, also, that nothing Railway Com- herein contained shall be held to give to the said Council panies. greater powers, as regards the imposition of water rents or rates, upon any Railway Company, than such as are now by law vested in the said Commissioners. As to broken periods. Council not to impose a special rate under 23 V. c. 87. 4. The Council shall not have power to impose a special rate, as provided for by the first section of the Act secondly herein before mentioned, other than the water rate or ren hereinbefore referred to; but any sum required to pay the interest of the Debentures issued for the said Water Works, and the yearly expenses thereof, which the water rents may be insufficient to meet, shall be levied by a general assessment, shall be raised. in the same manner as assessments for other purposes under the general assessment laws. How the sums required to pay interest Power to dis for water rent. 5. The Corporation shall, in addition to any other remedy, train and lien have power to distrain for the said water rate or rent upon the goods and chattels of the person or persons who ought to pay the same, or upon any goods and chattels in his possession, wherever the same may be found, and until payment, the same shall be a lien upon the premises, for which the same may be due, due, in the same manner as Municipal taxes assessed on real estate are liens. under 8. 6 of 6. The Council shall be, and they are hereby empowered Council may to make such By-laws, as to them shall seem reasonable, for make By-laws the purposes mentioned in the sixth section of the secondly 23 V c. 87. hereinbefore mentioned Act; but no Justice of the Peace shall be authorized to enforce the same by imprisonment, for a longer period than fourteen days. Proviso. 7. No further Debentures shall be issued for the construc- Further water tion of the said Water Works, except for the purpose of keep- debentures, ing the same in an efficient state of repair, and paying the limited. expenses of laying and introducing the service pipes, or not exceeding in the whole, with the amount already expended, the sum of two hundred thousand pounds. S. This Act shall be deemed to be a Public Act CAP. LVII. An Act to authorize the Corporation of the City of [Assented to 18th May, 1861.] Public Act. HEREAS the Corporation of the City of Ottawa have, Preamble. by their petition, set forth, that the interests of the inhabitants of the City of Ottawa imperatively require that there should be established, and opened up, a street or communication in continuation of William Street, in the said City, through from George Street to York Street, across Lots numbers Ten and Eleven, on the North side of George Street, and Lots numbers Ten and Eleven, on the South side of York Street, in the said City, in order to afford convenient access to the By Ward Market therein; that for certain reasons therein stated, they are unable to establish and open up the said road or street without the authority of Parliament; and have prayed for an Act to enable them to open up and establish the said road or street, across the said lands, without the consent of the parties interested in the said lands or any of them, upon making compensation there for, and whereas it appears that the parties interested in the property on and over which it is proposed such Street shall be opened up are now consenting parties hereto; and it is therefore expedient to grant the prayer of the said petition: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. For and notwithstanding any thing in the Consolidated Corporation Statutes for Upper Canada, chapter fifty-four, or in any of the may open the Statutes said street without the consent of the proper compensation. Statutes of this Province, to the contrary, it shall and may be lawful for the said Corporation of the City of Ottawa, to pass owners of the a By-law to establish and open up a street, road or public lands; making communication across the said Lots, in continuation of William Street aforesaid, through from George to York Street, without the written or other consent, and against the will of the owners of the said lands, or of any person or persons interested therein, or in any part thereof, the said Corporation making due compensation for any damages resulting from the exercise of such powers, beyond any advantage which the claimants, or any of them, may derive from the contemplated street, as provided for in the said Municipal Act; any claim for compensation, if not mutually agreed upon, shall be determined by arbitration under the said Act; and in such arbitration, the Mayor of Ottawa, for the time being, shall be the arbitrator on behalf of the said City, such person as the holders of the said lands, by virtue of Ordnance leases or otherwise, may select, when so required by the said Municipality, being the arbitrator in their behalf; and the Member of the Legislative Assembly, for the County of Carleton, shall be the umpire in such arbitration; Provided, always, that the said Municipality shall forfeit the powers hereby conferred, unless they avail themselves of the provisions hereof, within six months from the passing of the same. Provisions of ply: except sect. 319. 2. All and singular the provisions of the said chapter fiftyU. C. Munici four of the Consolidated Statutes for Upper Canada, excepting pal Act to ap- only section three hundred and nineteen thereof, shall be applicable to all proceedings to be taken under this Act, for the establishing and opening up of the said street or road, in the same manner and to the same extent as if the said Corporation were legally proceeding, without the consent of the owners, under the said Act, to establish and open up a street, road or other public communication. Public Act. Preamble 3. This Act shall be a Public Act. CAP. LVIII.. An Act to confirm the Survey of certain parts of the WHEREAS [Assented to 18th May, 1861.] HEREAS the original surveys of the broken lots lettered A and B, in the concessions lettered C and D, in the Township of Nepean, now included within the limits of the City of Ottawa, and comprising lands formerly vested in the Principal Officers of Her Majesty's Ordnance, in trust for Her Majesty, and now vested in Her Majesty, for the benefit, use and purposes of this Province, had disappeared, and the plans thereof had been destroyed by fire, and it accordingly became necessary that a correct survey and plan thereof should be made; made; And whereas in the year of our Lord, one thousand eight hundred and fifty-nine, John Stoughton Dennis, Provincial Land Surveyor, was employed by the Commissioner of Crown Lands, to renew and complete the surveys of the said broken lots; And whereas the said John Stoughton Dennis did, under the said authority, make a survey, and a report thereof, with a plan, to the said Commissioner of Crown Lands; and whereas since such survey, the said John Stoughton Dennis, under instructions of the said Commissioner of Crown Lands, did reconsider the same, and has altered the same, as by the amended plan, now produced and substituted by the said John Stoughton Dennis, and signed by the said Commissioner of Crown Lands, in approval thereof, and dated the tenth May, one thousand eight hundred and sixty-one, now appears; And whereas the said survey, as so amended and approved, is a correct and true survey, and the said plan thereof exhibits in detail the admeasurement of every town lot heretofore set off on the said broken lots, and the true direction and width of the several streets laid off on the said broken lots, and the dimensions and boundaries of the said streets in relation to the contiguous town lots, forming portions of the said broken lots, and to the subdivisions of such town lots between respective purchasers thereof from the Crown; And whereas it is expedient that the said survey and plan should be confirmed by law: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: in concessions nis, in 1359, 1. The said amended survey of the broken lots lettered A Survey and and B, in the concessions C and D, in the Township of Nepean, plan of broken now included within the limits of the City of Ottawa, and lots A and B, comprising lands formerly vested in the Principal Officers of C and of Her Majesty's Ordnance, in trust for Her Majesty, and now Nepean, made vested in Her Majesty, for the benefit, use and purposes of this by J. S. DenProvince, so made as aforesaid by the said John Stoughton confirme Dennis, and the plan thereof, intituled, " Plan of part of the City of Ottawa," signed by him, and bearing date at Toronto, the twentieth of October, one thousand eight hundred and fiftynine, and deposited of record in the office of the Commissioner of Crown Lands, are, and shall be deemed to be, to all intents and purposes whatsoever, a true and correct survey and plan of the same; Provided, nevertheless, that nothing in this Act Proviso shall be held or construed as establishing the existence of the western boundary of the said lettered lot B, in the said concession lettered C, northerly of the point where the said boundary first intersects the southerly edge of the River Ottawa. All boundary lines, governing points, posts, boundaries, Boundary stones or monuments placed or planted at the front or rear lines, posts, angles of town lots or parcels of land, (hereinafter called "lots ") &c., placed by or on the lines of streets in the said broken lots, for the purpose firmed. of shewing the width and depth of such lots and the lines and directions Dennis, con |