come before the commission shall be decided by a majority vote, the chairman to have a casting vote in case of a tie. Five members shall form a quorum for the transaction of business. 11. Should any member of the said commission, ap- Vacancy. pointed by the Municipal Council die, or become incapacitated or resign, then such vacancy shall be filled by the Warden and three councillors, and in case a member ap. pointed by any of said incorporated towns or said city dies or becomes incapacitated or resigns, then the vacancy shall be filled by the incorporated town or city making such appointment. 12. Each member of said commission shall be paid by Remuneration. way of remuneration a sum to be fixed at the first meeting of the said commission, for all services rendered under this Act. But the amount to be paid shall not in any case exceed three dollars per day and travelling fees, at the rate of ten cents per mile for each member for each meeting of said commission. 13. (1) In case it should seem expedient so to do, the Committee. said commission may relegate all the duties and powers by this Act conferred upon it to a smaller committee, which committee shall consist of at least five members. (2) In the event of such committee being appointed, the remuneration by this Act provided shall thereafter be paid to the members of said sub-committee only, and no remuneration shall be paid to the other members of said commission after the date of the appointment of such subcommittee, unless the whole committee should during the progress of the work be called to meet at the request of the sub-committee. 14. In order to provide a sinking fund for the payment sinking fund. of the debentures authorized to be issued under this Act, the Municipal Council shall annually include in the estimates of the sums required for the purposes of said municipality a sum equal to two and one-half per cent of the amount borrowed under the provisions of this Act, and such amount shall be rated and collected in the same manner and with the same remedies as other rates and taxes in said municipality are rated and collected. 15. The warden and clerk of the municipality of the Power to sell county of Cape Breton are hereby authorized to sell, either certain property. When Act shall come into force. by private sale or public tender, the building and premises at the place known as "Barrack Point," in the city of Sydney, now used as a jail, at such time as may be deemed advisable to do so, and for the best possible price obtainable. The proceeds thereof shall be credited to the joint expenditure account of the municipality and the incorporated towns within it, and the city of Sydney, so far as the same relates to the cost of the purchase of the site for said jail, and the cost of construction thereof, and any other expenses incidental thereto, properly chargeable to joint expenditure under this head; provided, however, that no such sale shall take place until the same is approved of by the commission referred to herein. And upon such approval being given, any deed executed by the then warden and clerk of said municipality shall be a good and sufficient conveyance of said property. 16. This Act shall not come into force until the same has been approved by a resolution of the Municipal Council of said municipality, at a regular or special meeting of the Council, and also, has been approved by a resolution, passed by a majority vote of more than one-half at least of theCouncils of the city of Sydney and of the incorporated towns in the said county of Cape Breton, at a regular or special meeting of each of the respective Councils. CHAPTER 100. An Act to Divide Polling District Number Twelve of the District to be divided. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Polling District Number Twelve of the Municipality of the County of Cape Breton is hereby divided into twopolling districts, to be known and designated as Polling District Number Twelve and Polling District NumberEleven, respectively. 2. (1) Polling District Number Eleven shall comprise Boundaries, all that part of the former Polling District Number Twelve, bounded and described as follows: Beginning at the southeastern corner of land occupied by John M. Ferguson, on the northern shore of Morien Bay, and thence following the said John M. Ferguson's northeastern boundary, on a north 38 degrees west course to the rear of John M. Ferguson's lot of land; thence following the course of the rear line of the said John M. Ferguson's land to the intersection of the rear line of Schooner Pond and Big Glace Bay front lots; thence following the course of the said rear line of said Schooner Pond and Big Glace Bay front lots to its intersection with the western side of Rory McLellan's western boundary; thence following the said Rory McLellan's western boundary to the southeastern shore of Big Glace Bay Lake; thence following the lake. shore in a westerly direction to McAskill's Brook, on the Glace Bay town line; thence following the said town line to the shore of the Atlantic at the channel leading from Big Glace Bay Lake into the ocean; thence following the shore line of Big Glace Bay and Schooner Pond and around the northern head of Morien Bay into Morien Bay, to the place of beginning. (2) All the remaining part of the former Polling District Number Twelve shall be comprised in and constitute Polling District Number Twelve. 3. The councillor elected for the former Polling District Councillor. Number Twelve shall continue to be the councillor for said district until the new election of municipal councillors. 4. The municipal clerk shall, from the list of voters for List of voters. said former Polling District Number Twelve, prepare lists of persons qualified to vote in Polling Districts Number Twelve and Number Eleven, respectively, as constituted by this Act, and such lists shall be used at the next election of municipal councillors. of members. 5. Nothing in this Act shall in any way affect said District for purformer Polling District Number Twelve, in so far as elec- poses of election tions of members of the House of Assembly or House of Commons of Canada are concerned. CHAPTER 101. An Act to provide for a Commission in respect to the Commissioner. Notification. Estimates. 5. When meeting may be held. Be it enacted by the Governor, Council, and Assembly, as follows: 1. The Municipal Council of the county of Cape Breton, the City Council of the city of Sydney, and the Town Councils of the towns of North Sydney, Glace Bay, Sydney Mines, Louisburg and Dominion are authorized to appoint each year a commission of twelve members, whose duty it shall be to make annual estimates of all sums which are required for lawful purposes of municipal expenditure, for the joint benefit of the said municipality, city and towns. The Municipal Council shall annually appoint five members on said commission, who shall be members of the said Municipal Council and of the finance committee thereof, one of whom shall be warden of the municipality; the City Council of Sydney shall annually appoint two members on said commission, who shall be members of the said City Council, and the Town Councils of the incorporated towns herein before named shall annually appoint one member each on the said commission, who shall be members of the said respective Town Councils. The warden of the municipality of Cape Breton county shall be the chairman of the said commission, and the municipal clerk thereof shall be the secretary of the commission. 2. The city of Sydney and the several incorporated owns hereinbefore named shall, on or before the 31st day of December in each year, notify the warden of the municipality, in writing, of the names of the members appointed on the said commission, by the said city and incorporated towns respectively. 3. The commisson shall make the said estimates for the then current year, on or before the third Tuesday of January, in each and every year, and shall, as soon as the said estimates are completed, report the same under the hands of the chairman and secretary of the commission, to the warden of the municipality, and to the mayors of the city and towns, respectively, showing the estimates so made for the then current year. binding. 4. The estimates so reported by the commission shall be Estimates conclusive and binding upon the municipality, and the said city and towns, and shall be used instead of the estimates of municipal expenditure for the joint benefit of the municipality, and the said city and towns, required to be made under the provisions of "The Muncipal Act" and "Assess ment Act." 5. The commission may hold a meeting thereof at any When meeting time, notice of which shall be given by the chairman, or any may be held. three members of the commission. 6. All accounts of the several officers of the municipality, Accounts covering the municipal expenditure for the joint benefit of examined. the municipality, and the said city and towns, shall be examined and audited by auditors appointed by the said commission, and the said auditors shall present to the commission the report of the said auditors, as soon as completed, and the chairman of the commission shall report the same to the various Councils represented on the commission. 7. The annual estimates so made by the commission Estimates, how long in force. shall be used as set out in section four of this Act, until the expiration of the period for which the report or award of the commission appointed under chapter 74 of the Acts of 1903-04 continues to prevail, including the estimates for the then current year. Hospital. 8. The commission shall have the power to appoint Cape Breton three of its members as commissioners of the Cape Breton Hospital, to act in conjunction with the commissioners of the Hospital appointed by the municipality, in the management of said Hospital. ated towns. 9. If, at any time, any additianal town or towns are Newly incorporincorporated within the county of Cape Breton, such newly incorporated town or towns are authorized to annually appoint one member each of the commission constituted under this Act, the said representative or representatives to be additional to the number comprising said commission, as set out in section 1. |