CHAPTER 88. An Act to confirm the sale of the Freeport Common. (Passed the 7th day of April, A. D., 1905.) SECTION I. Sale confirmed. Be it enacted by the Governor, Council, and Assembly, as follows: 1. The sale of the Freeport Common and the con- Sale confirmed. veyances thereof, made by the Trustees of Freeport Common, are hereby confirmed, and the said conveyances are declared to be valid and effective for the purposes therein expressed, notwithstanding any irregularity in or prior to said sale or any failure to comply with any of the provisions of chapter 93 of the Acts of 1903-4. CHAPTER 89. An Act to provide for the Supplying of the Town of Whereas, a public meeting of the ratepayers of the town Preamble. of Hantsport, duly convened and held in the said town on the 18th day of April, 1904, pursuant to public notice duly given in accordance with a resolution passed by the town council of the said town, the following proposition or resolution was submitted and approved of by a majority of the ratepayers assessed in the said town upon real and personal property and income, present at said meeting; Resolved, that the town council of the town of Hantsport be, and the said Council is hereby authorized to apply to the legislature of Nova Scotia for power to borrow a sum of money not to exceed forty-two thousand dollars ($42,000), Power to rovide water. Power to enter upon lands. Who may take lands. for the purpose of providing a water supply for the said town, and for all necessary legislation for that purpose. Be it therefore enacted by the Governor, Council, and Assembly, as follows: 1. The town council of the town of Hantsport is hereby authorized and empowered to provide for the town of Hantsport 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 with any person or persons, by tender or otherwise, for the construction of waterworks, or in the discretion of the council in any way or manner by the council deemed expedient, to construct works, lay pipes, build dams and reservoirs, acquire lands, and do all things necessary to be done. 2. For the purpose of obtaining the said supply of water, the said town council is hereby authorized and empowered to enter upon the waters and bed of the Davison Lake, in the county of Hants, and the brooks and streams leading into or out of the said lake, and the lands adjoining the said lake, brooks and streams, and upon the lands lying between the said lake and the town of Hantsport, and the lands within the limits of the town of Hantsport lying along or near the line which may be proposed as a pipe line, or whereon it may be deemed necessary or expedient to erect reservoirs or other works, and to make surveys, locate pipe lines, build dams, reservoirs, and all other works, dig trenches, lay pipes, and do all other things whatsoever and wheresoever necessary or expedient to be done, and to dam and back up the water in the said lake and brooks, and to cause the same to overflow the lands bordering thereon, and to take from such lake, brooks and streams such quantity and quantities of water as may by required or deemed by the said council necessary for the purpose aforesaid. 3. In the construction, building or repair of any dams, reservoirs, or other works, and in the laying down, constructing, repairing, or alteration of any main or service pipe, or other structure, or the doing of any other thing, under the provisions of this Act, the mayor and councillors, or any or either of them, and their engineer, superintendent, servants, agents and workmen, shall have full power, and they are hereby authorized from time to time, as occasion may require, to enter upon any lands or tenements, inhabited or uninhabited. both within the limits of the said. town of Hantsport, and outside of the same, anywhere in the vicinity of the said lake and between the said lake and the said town, and remain thereon as long as he or they may deem requisite for the proper execution of the work, and to make all such excavations in the said land as may be expedient, and to take up and remove any floors, timbers, planks, walls, fences or erections whatsoever, doing no unnecessary damage to the same, and carefully replacing the same as far as can reasonably be done upon the requisite work being performed. streets. 4. It shall be lawful for the said town council, from May open time to time for any purpose under this Act, or for the purpose of repairing any works constructed hereunder, to open all or any of the roads, streets, highways or lanes within the said town, and those outside the said town where necessary, along or near the pipe line and water works, and to keep the same or any part thereof open for such reasonable time or times as may be necessary, and to cause all such reservoirs, tanks, fountains, hydrants, leaders, pipes, tubes and such other works to be built, placed and laid, on, over or under such roads, streets, highways and lanes, as may be necessary and expedient for the purpose aforesaid. Provided, however, that the said town council shall close up, repair and make good such roads, streets, highways and lanes, after completion of the said work, and the said town shall be and continue to be the owner of all such reservoirs, tanks, fountains, hydrants, pipes, leaders and tubes, and other work or works which may from time to time be constructed under the authority of this Act, notwithstanding that the same may be laid, on, over or under any highway or other property not belonging to the town. 5. Whenever it shall be necessary, for securing the neces- Expropriation."} sary supply of water for the purposes of the said town, or the laying down or placing of any reservoir, tank, fountain, pipe, leader or tube, or for any purpose whatsoever under this Act, that the town be vested with the title or possession of any lot or parcel of land and premises situate either in the said town or outside the limits thereof, or any interest, right or easement therein, it shall and may be lawful for the said council to acquire the same by agreement with the proprietor of the said land, or the person holding or claiming any interest therein, for the purchase or lease thereof, to give notice in writing to the proprietor of or party interested in the lands intended to be taken, or to his agent, that the said land or interest therein is required for the purposes of the town under this Act, and request the proprietor or party interested in the said land, or his agent, to appoint one arbitrator, and the said council shall appoint one arbitrator, and the two so chosen shall appoint a third arbitiator, or in case they cannot agree upon a third arbitrator after twenty days, a judge of the Supreme Court, or the judge of the county court for district No. 4, shall appoint a third arbitrator, on the application of the said council, or of the party whose land is taken or acquired all of which arbitrators shall be disinterested and non-residents of the said town, and the three arbitrators so appointed shall proceed to determine the damages, if any, and to award the same, to be paid to the proprietor or person interested in the said land as the case may be, whose award or the award of any two of whom shall be final and conclusive; provided the town council decides to acquire such lands or the said interest, right or easement therein. In case the town council decides to take such land, interest, right or easement and notifies the proprietor thereof, or person interested therein, of the said intention then the town shall, within six months after the delivery of the said award, pay and satisfy to the party 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 person entitled thereto, or payment thereof into the office of the prothonotary, as hereinafter provided, the town shall be, and be deemed to be the rightful purchaser and owner in fee simple of such land, rights or easement, as the case may be, with the appurtenances, if the said award be for the purchase thereof, or the tenant thereof for such time as is in such award set forth, if the award be for a term of years. In case the proprietor of, or person interested in such land, refuses or neglects to appoint an arbitrator within twenty days after notice as aforesaid, or cannot be found, or is absent from the Province of Nova Scotia, and has no known agent residing within the province, a judge of the Supreme Court, or the judge of the county court for district No. 4, may on the application of the said council, appoint such arbitrator. If there be any claims or encumbrances against such land, or if the party to whom compensation is payable cannot be found, or is unknown, or in case of dispute as to who is entitled thereto, or if, for any other reason the council deems it advisable so to do, the council may pay such compensation into the office of the prothonotary of the Supreme Court of the county of Hants there to remain until the party entitled thereto procures an order from a judge of the Supreme Court, or the judge of the county court for district No. 4, for the payment thereof to him, and on payment into the office of the prothonotary of the said money, the council shall deliver to the prothonotary a copy of the award, and such award, or a certified copy thereof under the hand and seal of the prothonotary as aforesaid, together with the prothonotary's receipt for the amount awarded, shall be recorded in the office for the registry of deeds for the county wherein the said lands lie, and shall thereafter be and be deemed to be the title of the town to the property, or interest, right or easement therein mentioned, and the title thereof shall thereupon vest absolutely in the town. In case the proprietor of, or person interested in the said land, is not known to the council, or does not reside in Nova Scotia, or cannot be found on reasonable enquiry, the notice required by this section to be given to him may be given by publication thereof in a newspaper published in the county of Hants, for two weeks, and the publication thereof in that way for that time shall be deemed good and sufficient service thereof on the proprietor or person interested in the lands. for damages. 6. 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 shall be mutually agreed upon between the council and himself, and in case no such agreement can be made, at the request in writing of such party, arbitrators shall be appointed, as provided for in the fifth section of this Act, to assess the damages to be paid to such party entitled thereto, and their award, or the award of any two of the said arbitrators, shall be final and binding upon the parties, and the amount so assessed shall be paid by the town to the person entitled "thereto, within six months thereafter. maintain works. 7. The council shall maintain and operate the said Council to waterworks, when built, and may, from time to time, and at such time and times as they may deem expedient so to do improve, extend, and enlarge the same and make such repairs and lay such pipes, and do all such things as the council may deem necessary to afford a good, sufficient and continuous supply of pure water to the town. be made. 8 The council may employ an engineer, and such assist- Surveys to ants as may be necessary to make surveys for the said waterworks, and plans thereof, and also surveys and plans of the streets within the town of Hantsport, showing the surface of the said streets as existent and permanent levels to be thereafter made which levels when approved of hy the town council, shall be and remain the permanent levels of the said streets, until changed by the council. The plans of the said waterworks, and of the said streets and levels so made, shall be filed in the office of the town clerk as public |