Lien.

Money, how

applied;

amount expressed at its value in Canadian money authorized to be borrowed by this Act.

3. Such debentures shall form a lien and be a charge upon all the property liable to taxation within the said three towns of New Glasgow, Stellarton and Trenton, or such two of them as shall have passed the resolution above referred to, and all the revenues of such towns.

4. The money so borrowed shall be paid into Accounts to be the hands of the treasurer of the said Board and approved. the Board shall have authority to pay out the said money or any part thereof for the purposes of this Act and for no other purpose, and no contract shall be entered into by the Board or expenditure undertaken or account paid by them unless and until the same shall have been approved by the councils of the said towns or of such two of them as shall have passed the resolution above referred to.

Members who may vote on ex

4A. Only the members of the Board appointed penditure etc. by towns in which a resolution of the ratepayers has been passed as mentioned in Sections 8 and 9 of this Act shall have the right to vote or take any part in regard to any such expenditure or other matters referred to in this Act.

Sinking fund and Interest.

Deficits in in

teres、 and sink-,

al assessment.

5. The Pictou County Power Board shall provide a sinking fund for the payment of the debentures authorized to be issued under this Act not less than one and half per cent of the amount borrowed to be paid annually as directed or approved of by the Commissioner of Sinking Funds, and shall also pay the interest on said debentures.

6. In the event of the said Board at any time ing fund may be being unable to pay the said interest or to set aside added to gener- the said annual payment for a sinking fund, each of the said three towns or such two of them as shall have passed the resolution above referred to, shall have power to add annually to the General Assessment such sums as may be fixed by resolutions of the respective councils of the said towns to be levied, rated and collected in the same manner and with the same

remedies as other rates and taxes of towns are rated and collected.

7.

showing pro

each town.

When the said distribution system has been Statement constructed or acquired the Board shall prepare a portion of cost statement showing the proportion of the total cost to be borne by that should properly be allocated and borne by each of the said towns, and shall file a copy of such statement with the Commissioner of Sinking Funds, and any sums required to make up any deficiency in the proceeds for the sale of electrical energy in the payment of the principal, interest or sinking fund of said debentures shall be borne by the said towns in the proportion fixed by the said statement.

proval required.

8. This Act shall only take effect in any one of Ratepayers' apsuch towns after a resolution has been passed approving of the borrowing of such sums as aforesaid at a meeting of the ratepayers of such town convened in accordance with the provisions of Sections 143 and 144 of the Towns' Incorporation Act.

9. A certificate under the hand of the Mayor Certificate. and Town Clerk and under the corporate seal of any one of the said three towns, of a resolution passed under the next preceding section of this Act, shall in respect to such town be conclusive evidence of the adoption of this Act, and of the passing of the resolution provided for in said section.

CHAPTER 120.

Section 2 repealed; substituted.

Board.

Membership.

Appointments ineffective until Council ap

proves contract.

Sections added.

as to expropria

An Act to Amend Chapter 165 of the Acts of 1920, entitled, "An Act to Incorporate the Pictou County Power Board."

(Passed the 23rd day of April, A. D., 1923).

Be it enacted by the Governor, Council, and Assembly, as follows:

1. Chapter 165 of the Acts of the Legislature of Nova Scotia for 1920 is amended by repealing Section 2 thereof, and substituting therefor the following section:-

2. (a) For the purposes hereinafter mentioned there shall be a Board consisting of not more than seven nor less than five persons.

(b) the Councils of the Towns of Pictou, Trenton, Stellarton and Westville, and of the Municipality of the County of Pictou, may appoint one member each to the Board, and the Council of the Town of New Glasgow may appoint two members;

(c) the appointment by any of the said Councils to said Board shall be ineffective and void until such Council has first passed a resolution approving of the contract which has been entered into between the Board and the Power Commission for the supply of electrical power and energy, in accordance with the provisions of this Act.

2. The said Act is further amended by adding thereto the following sections:

Board's powers 10. The Board shall have the same powers as the ting property Nova Scotia Power Commission in respect to the

etc.

acquiring, expropriation or compulsory taking, or without the consent of the owner taking, using or injuriously affecting property of any kind required or deemed by the Board to be necessary for the purposes of the Board, and in respect thereto all the pro

visions of the Power Commissions Act, being Chapter 6 of the Acts of the Legislature of Nova Scotia for the year 1919, and amendments thereto, relating to the Commission, shall apply to the Board, with the substitution of the Board for the Commission, the chairman of the Board for the Chairman of the Commission, and the Chief Engineer of the Board for the Chief Engineer of the Commission.

as to expropria

11. Each of the towns above named, whose Town's powers Council has passed or does hereafter pass a resolution ting etc. approving of said contract between the Board and the Commission, shall have the same powers as the Nova Scotia Power Commission in respect to the acquiring, expropriation or compulsory taking, or without the consent of the owner taking, using or injuriously affecting property of any kind, required, or deemed by the Council of such town to be necessary for the purposes of the town under this Act, or under the Power Commission Act, and the provisions of Sections 206 to 217, inclusive, of the Towns' Incorporation Act, shall apply to the acquiring, expropriation, taking, using or injuriously affecting any property, as aforesaid.

powers of

12. Each of the said towns, whose Council has Borrowing passed or does hereafter pass a resolution approving Towns. of the said contract between the Board and the Commission, shall for the purpose of providing a distribution system, and for all the purposes of this Act, or of the Power Commission Act, have power to borrow money and issue debentures therefor, in such form and containing such terms, and at such rate of interest and payable at such time or times, and in such place or places as the Council of such town may determine; provided, however, that no money shall be borrowed or debentures issued until a resolution of the ratepayers approving of the same has been passed at a meeting called in accordance with the provisions of Sections 143 and 144 of the Towns' Incorporation Act, and the approval of the Commission has also been obtained to same, and it shall not be necessary to make application to the Legislature for authority to borrow any such sum of money or to issue such debentures.

Powers as to

contracts for supplying power, etc.

13. Subject to the next preceding section of this Act, each of the towns whose council has passed or does hereafter pass a resolution approving of the contract between the Board and the Commission, shall have the powers and authority conferred by the Power Commission Act, being Chapter 6 of the Acts of the Legislature of Nova Scotia for the year 1919, and amendments thereto, upon a municipality which has entered into a contract under said Power Commission Act with the Commission for the supply of electrical power and energy.

Preamble.

CHAPTER 121.

An Act in reference to the Avon River Power Co., Ltd.

(Passed the 23rd day of April, A. D., 1923).

WHEREAS, the Avon River Power Company, Limited, was incorporated under the provisions of the "Companies' Act of Nova Scotia" for the purpose, among other things, of carrying on the business of a light, heat and power company in all its branches, and to produce light, heat and power from hydraulic, pneumatic and other energy or from gas or otherwise;

And Whereas, Roy A. Joudrey has acquired from His Honour, the Lieutenant-Governor-in-Council, an Approval and Orders under the provisions of the "Nova Scotia Water Act, 1919" for the said Roy A. Joudrey, his executors, administrators or assigns, to use the waters of the Avon River, in the County of Hants, and the County of Lunenburg, and the tributaries, lakes and streams lying above the northeastern boundary of lands described in a deed from Francis H. Palmer to The Eastern Trust Company dated the 21st day of December, 1922, and recorded in the office for the Registry of Deeds at Windsor, in the said County of Hants, in Book 135, page 641;

Be it therefore enacted by the Governor, Council, and Assembly, as follows: