Debentures may be payable without the Province, &c. issued under the provisions of the said Act, passed in the seventh year of Her Majesty's reign, or of any Act or provision of law in amendment thereof. 3. And be it enacted, That any sums which the said either within or Corporation is empowered to borrow under this Act, may be borrowed either in this Province or elsewhere, and the principal sum and interest thereon as aforesaid may be made payable either in this Province or elsewhere, and either in the currency of Canada, or in that of the place where the same shall be payable; and generally all the provisions of the Acts now in force as to debentures issued by the said Corporation shall apply to those to be issued under this Act, except only in so far as they may be inconsistent with this Act. Water Works pledged for the under this Act. 4. And be it enacted, That the said Water Works to be loan contracted erected and constructed under this Act, and also the land to be acquired for the purposes thereof, and every matter and thing therewith connected, shall be and they are hereby specially charged, pledged, mortgaged and hypothecated for the repayment of any sum or sums which may be borrowed by the said Corporation for the purposes of this Act, as well as for the due and punctual payment of the interest thereupon; and all, each and every of the holders of the Debentures in the last previous section mentioned shall have a concurrent pledge, mortgage, hypothec or privilege on the said Water Works and property appertaining thereto for securing the payment of the said debentures and the interest thereon. Corporation may sell existing Water Works. 5. And be it enacted, That the said Corporation shall have power to sell, alienate, lease, and convey all or any parts of the existing Water Works and property appurtenant thereto or connected therewith, and to let and lease for life or for years, or for any number of years, any water privileges or ground therefor, belonging or appertaining to the said Corporation or which may be acquired by the said Corporation for the purposes of the said Water Works, upon such terms and conditions as to the said Corporation may appear just and expedient. tion for proper shall be fixed in agreement. 6. And be it enacted, That for and notwithstanding any How compensathing to the contrary contained in the fifth or any other sec- ty taken, &c., tion of the said Act passed in the seventh year of Her case of nonMajesty's reign, and incorporated with this Act as aforesaid, the price or compensation to be paid by the said Corporation for or in respect of any real property to be taken or entered into by them in pursuance of the said Act or of this Act, not being within the limits of the said city, shall be ascertained, fixed and determined not by a jury, as provided by the sixtyeighth section of the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's reign, intituled, An Act to amend and consolidate the provisions of 14, 15 V., c. 128. the Ordinance to incorporate the City and Town of Montreal, and of a certain Ordinance and certain Acts amending the same, and to vest certain other powers in the Corporation of the said City of Montreal, but by appraisers to be indifferently chosen, in manner following, to wit, one by the said Corporation, another by the said person or party, and a third or umpire, only in case of difference of opinion between them, by the said two others; and in case of the person or party neglecting to choose and appoint an appraiser within four days after notice in writing to that effect served upon him by or on behalf of the said Corporation, or in case of the appraisers chosen and appointed not agreeing upon the nomination of such third or umpire, an appraiser for such party or such third shall be appointed by any of the Judges of the Superior Court residing at Montreal; and the said appraisers and third Mode of proor umpire shall be sworn before such Judge before their appraisers. operation, which shall be conducted in the manner provided by the law of Lower Canada for proceedings by experts; and they shall hear any witnesses who may be brought before them in relation to the matter of the said appraisement, the said witnesses first sworn before a Judge or a Commissioner for taking affidavits or before any one of the said appraisers; and the decision of the said two appraisers if they shall agree, or of any one of the said appraisers and the umpire shall be conclusive, notwithstanding any want or defect of form in their proceedings. ceeding by Corporation may extend their works thirty miles from the city. Bridges to be built by the certain cases. 7. And be it enacted, That the said Corporation shall have power to extend all or any of their works for the said Water Works, to a distance not more than thirty miles from the limits of the City of Montreal: and all and every the provisions of law under the said Act in the first section of this Act mentioned, shall apply to the said extension, save and except as is herein and hereby expressly excepted. 8. And be it enacted, That if the said Corporation shall Corporation in conduct the water for the supply of the said city and parts adjacent thereto under this Act, by or through a canal, the said Corporation shall have the power to lay out a road on either or both sides of the said canal, and upon the land by them acquired for the purposes thereof, of such width as the said Corporation shall deem expedient for public use or for the agricultural purposes of the proprietors through whose lands the said canal shall pass; and the Corporation shall, at their own expense, construct and maintain a good and sufficicnt farm bridge with a hand rail on each side thereof across the said canal, opposite, or as nearly so as possible, to the centre of the width of each farm divided in its length by the said canal, unless it shall be otherwise agreed upon in any case between them and the proprietor of any such farm. Corporation may purchase certain property, with the owners. 9. And be it enacted, That it shall be lawful for the said Corporation to purchase and acquire, take and hold with the consent of the consent of the proprietor or other person having the right to sell or dispose of any real or immovable property intersected or divided by the line of the said canal, the rear portions of such property separated by the said canal from the residue thereof, as shall not be necessary for the purposes of the said Water Works; and it shall be lawful for the said Corporation thereafter to sell the same for the benefit of the said Water Works in the manner hereinafter mentioned. Corporation to make fences. 10. And be it enacted, That the said Corporation shall construct and maintain, at their own expense, good and sufficient fences and ditches on each side of the land acquired by them for the purposes of the said canal, and along the lines of division between the same and the properties on either side. thereof. may dredge the Pierre, &c., and carrying off of 11. And be it enacted, That it shall be lawful for the said Corporation Corporation, and they are hereby authorized, to dredge, little River St. widen, deepen, and otherwise improve the little river, brook, provide for the or stream known as the River St. Pierre from the place surplus water. where it may be reached, crossed or intersected by the said. canal to its mouth, in such way and to such extent as may be necessary to adapt it to the reception and discharge of the waste or surplus water or drainage and leakage from the said canal or to make a new tail-race or discharge apart from the said little river; and for any such purpose, as well as for the purpose of making all such and so many catchwater and off take drains as may be found necessary in connection with the said canal, or for the purpose of diverting the drainage thereof or therefrom in other directions, by themselves, their deputies, agents, workmen and servants, at any time to enter into and upon and pass and repass over, across and along any lands and premises within the said distance of thirty miles from the said city, doing as little damage as possible and paying to the owner or other occupier thereof, or person interested therein, such compensation as may be agreed upon or as may be awarded in that behalf by appraisers chosen and appointed for the purpose of ascertaining, fixing and determining the same in the manner hereinbefore provided. 12. And be it enacted, That it shall not be lawful for the said Corporation to sell or lease any real or immovable property under this Act otherwise than by public auction, to be held at some certain time and place within the said city, of which at least fifteen days' public notice shall be given, by advertisement in at least one newspaper published in the said city in the English language, and in at least one other newspaper published in the said city in the French language, which said advertisement shall be published at least six times in each of the said newspapers during the said period of fifteen days. In what manner ration shall sell only the Corpo any real pro perty under this Act. 13. And be it enacted, That this Act shall be held to be a Public Act. Public Act. Preamble. Corporation may borrow on the security of the Works. (19 VICTORIA, CAP. 70.) An Act to authorize the Mayor, Aldermen and Citizens of the City of Montreal to borrow a sum of fifty thousand pounds for the purpose of completing the new Water Works in the City of Montreal. W (Assented to 19th June, 1856.) ́HEREAS the Mayor, Aldermen and Citizens of the City of Montreal have, by their Petition, represented that, in order to complete the New Water Works, now in course of construction in the City of Montreal, a larger sum of money will be required than they have it in their power to borrow, and they have prayed to be authorized to borrow a further sum not exceeding fifty thousand pounds to be applied solely to the construction of said works: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. It shall and may be lawful for the said Corporation, for £50,000 sterling the purpose of completing the Water Works now in course of Water construction in the City of Montreal, to borrow a sum not exceeding fifty thousand pounds sterling money of Great Britain, in addition to any sum they are now authorized to borrow for the same purpose, and to issue, under the hand of the Mayor and the seal of the said Corporation, debentures or Corporation bonds, to the amount of the said sum of fifty thousand pounds sterling, payable on or before the first day of November, one thousand eight hundred and eighty-one, and bearing interest, payable semi-annually, on the first days of November and May in each and every year, and at a rate Form of deben- not exceeding six per centum per annum; and all such debentures may be in any form not inconsistent with this Act, and may have coupons thereunto annexed, for the half-yearly tures, &c. |