"The ing interest, to the credit of accounts to be called Section 12 amended. Amendment, how construed. CHAPTER 66. An Act to amend Chapter 69, Acts of 1903-4, entitled, "An Act to enable the Town of Glace Bay to borrow money." (Passed the 7th day of April, A. D. 1905.) SECTION. 2. Amendment, how construed. Be it enacted by the Governor, Council, and Assembly, as follows: Section 12, of chapter 69, Acts of 1903-4, is amended by striking out the words "fifty cents" after the word "exceed," in the tenth line thereof, and substituting therefor the words "one dollar.” 2. Said amendment shall be construed and be as effectual as if the same had been contained in the said section 12, originally. CHAPTER 67. An Act relating to the Extension of the Water Supply in the Town of Glace Bay. Be it enacted by the Governor, Council, and Assembly, as follows: supply water. 1. The town council of the town of Glace Bay, is hereby Power to authorized and empowered to provide for the town of Glace Bay, not already supplied, a good and sufficient supply of water for domestic, fire and other purposes, and in order to obtain such supply to enter into a contract or contracts for that purpose by tender or otherwise, or in any manner or way in the discretion of the town council, to construct works, to lay pipes, to build dams and reservoirs, to acquire lands, and to do all things necessary to be done in the premises. upon lands. 2. For the purpose of obtaining the said supply of water Power to enter the town council is hereby authorized and empowered to enter upon any lands within the limits of the town of Glace Bay, and upon any lands in the county of Cape Breton outside the limits of the town of Glace Bay, to enter upon the bed of any river, lake or stream whatsoever in the county of Cape Breton or in the town of Glace Bay, and to build dams, reservoirs, or other works wherever necessary, and to cause the water to overflow the land bordering on such river, lake, stream or springs, and to take from such river, lake, stream or springs such quantity or quantities of water as may be required; and in the construction, building or repairing of any dams, or reservoirs, and in the laying down, construction, repairing or alteration of any main or service pipe, or other structure under the provisions of this Act, the mayor, councillors, or any or either of them, by themselves, engineer or engineers, superintendent, agents or servants or workmen, shall have full power, and they are hereby authorized from time to time as occasion requires to Power to open streets. Power to acquire lands. enter upon any lands or tenements, inhabited or uninhabited, both within the said town or outside of the same, and may remain thereon as long as they deem requisite for the proper execution of the work, and make all such excavations on the premises as may be expedient, and take up and remove any floors, timbers, planks, walls, fences or erections whatsoever, doing no unnecessary damage to the said lands, tenements or the floors, timbers, planks, walls, fences or erections whatsoever, and carefully replacing the said floors, timbers, planks, walls, fences or erections whatsoever as far as can be, on the requisite work being performed. 3. It shall be lawful for the town council, from time to time, for the purposes of this Act, and for the repairing of any works constructed thereunder, to open the roads, streets and higways within the town and those outside of the town, when necessary, and to keep such road, street or highway, open for such reasonable time as is necessary, and to cause such reservoirs, tanks, fountains, hydrants, leaders, pipes and tubes, to be laid and placed on or under such roads, streets, and highways as are necessary and proper, the said town council closing up, repairing, making good such roads, streets and highways, and said town shall continue to be the owner of all such reservoirs, tanks, fountains, hydrants, leaders, pipes and tubes, and other work which may from time to time be constructed under the authority of this Act notwithstanding that the same may be laid under or built under any highway or other property not belonging to the town. 4. Whenever it is necessary for the securing of such supply of water required by this Act, the laying down or placing of any reservoirs, tanks, fountains, pipes, leaders, or tubes, or for any purposes whatsoever, under this Act that the town shall be invested with the title or possession of or in any lots or parcels of lands and premises, situated anywhere, either in the town, or outside the corporation limits, it shall, and may be lawful for the town council, in case they cannot agree with the proprietors of such lands, respectively for the purchase or lease thereof, as may be required, to give notice in writing to the party whose lands are intended to be taken, or to his agent, that the said lands are required for the purposes of the town under this Act, and shall request the party or his agent, whose land it is proposed to take or occupy, to appoint one arbitrator, and the council shall appoint one arbitrator, and a judge of the supreme court shall appoint a third arbitrator, and the arbitrators so appointed shall proceed to determine the damages, if any, and the valuation of said lands, and award the same to be paid the owner or occupier, as the case may be, whose award, or the award of any two of them, shall be final and conclusive, provided the town council decide to take such lands; and thereupon the town shall pay and satisfy within six months to those entitled to receive the same, the full amount of such award or valuation, and immediately upon the payment or tender of the sum awarded, as aforesaid, to the owners, or, in case of dispute, to such parties as a judge of the Supreme Court shall decide, the town shall be and be deemed the rightful purchasers and owners, in fee simple, of such lot or parcel of land with the appurtenances, if the said award be for the purchase thereof, or otherwise the tenant thereof, or the owner of such interest therein, for such time as in such award is set forth. And in case the proprietor of such lands neglects or refuses to appoint an arbitrator within thirty days after due notice as aforesaid, or in case the proprietor cannot be found or is absent and has no known agent residing in the province, a judge of the Supreme Court may appoint such arbitrator who shall be disinterested. and not a resident of Glace Bay. If the town council has reason to fear any claims or encumbrances, or if any party to whom compensation is payable cannot be found, or is unknown, or if for any reason the town council may deem it advisable the council may pay such compensation into the office of the prothonotary of the Supreme Court of the county of Cape Breton, and a judge of such court shall by order, direct it to be deposited in some bank, there to remain until by him or any other judge of said court, directed to be paid out to the party entitled thereto. Upon paying such compensation into court the council shall deliver to the prothonotary aforesaid a copy of the award, and such award, or a certified copy thereof, under the hand and seal of the prothonotary aforesaid, together with his receipt for the amount awarded, when registered in the registry of deeds office for the county of Cape Breton, shall vest in the town, and shall thereafter be deemed to be the title of the town to the property therein mentioned. for damages. 5. In the event of any damage being done in the execu- Compensation tion of the work the party sustaining such damage shall be entitled to receive such compensation as is mutually agreed upon; and in case no such agreement can be made, three appraisers, one to be appointed by the party sustaining such damage, one to be appointed by the town council, and the third to be appointed by the two appraisers already so Service pipes, how laid. Engineer to be employed. Power to borrow money. Debentures. appointed, shall view the premises and determine the damages, if any, with or without hearing evidence in the matter, the decision of such appraisers or any two of them to be final and binding on the parties, and the amount so assessed to be paid within three months thereafter. In case the party sustaining such damage shall not appoint an appraiser as aforesaid within thirty days from the service upon him of a notice in writing requesting him to appoint such appraiser, the judge of the county court for district number seven may appoint such appraiser. 6. The service pipes for water supply to houses, buildings or establishments, which are to be supplied with water under this Act, shall be carried from the main to the side line of the street at the expense of the town when requested by notice in writing from the owner of any house opposite to which a main is laid, and all beyond that distance at the expense of the owner of the premises so supplied. 7. The council may employ and pay a competent engineer and assistant to make surveys and plans of the streets within the town of Glace Bay, wherein the water system is extended under this Act, showing the surface of the streets as existing, and the permanent levels to be thereafter made, which levels when approved by the town council shall be and remain the permanent levels. The plans shall be filed in the office of the town clerk as public records of the same. 8. For the purpose of raising the necessary funds to obtain for the said town of Glace Bay the said extension of its water supply and to carry into effect the work contemplated by this Act, the town council is hereby empowered and authorized to borrow on the credit of the said town and of the assessable property therein a sum of money not exceeding one hundred and twenty-five thousand dollars. 9. Such sum shall be borrowed on debentures and the town council is hereby authorized to make and issue at one time or from time to time as they may deem expedient, debentures in the forms and coupons specified in "The Municipal Debentures Act of Nova Scotia, 1902," bearing interest at a rate not exceeding five per cent. per annum, payable half yearly, and to be redeemable at periods not exceeding twenty years from the date of issue thereof, provided that. the whole amount of such debentures shall not exceed the sum of one hundred and twenty-five thousand dollars. Such debentures shall be issued for the sum of one hundred dol |