three days to re-count the votes at his office, and shall at the time and place appointed, in the presence of the Chairman of Commissioners and such elector, proceed to re-count the votes in the ballot box.

clare elected

(6) The Clerk as soon as he ascertains the result Clerk to deof the poll shall declare to be elected the candidate candidate. or candidates having the highest number of votes; and in the event of a tie give the casting or additional

vote.

ings.

36. The Commissioners may when necessary for Special meetcarrying out the provisions of this Act convene a special meeting of the electors and shall give ten days' notice thereof by posting up notices in conspicuous places in the village, which notices must state the time, place and purpose for which such meeting is convened.

OFFICERS.

37. (1) The Commissioners shall appoint a suit-Clerk and able person to be Clerk and Treasurer, who shall Treasurer. hold office during good behavior. He shall be paid such salary as the Commissioners may grant and shall if so required by them provide a bond satisfactory to the Commissioners for the faithful performance of his duties.

(2) The Clerk shall truly record in a book all Clerk's duties. resolutions, decisions and other proceedings of the Commissioners and shall if requested by any Commissioner record the vote of every Commissioner voting on any matter submitted and shall keep the books, records and accounts of the Commissioners, and shall preserve and file all accounts, original and certified copies of the by-laws and of all minutes of proceedings of the Commissioners and shall act as Clerk at and keep records of all meetings of electors.

accounts open

(3) The books, records and accounts of the Com-Records and missioners and of the Clerk and of any other official to inspection. shall be open without fee to the inspection at all reasonable times of any elector.

38. The Commissioners may subject to the pro-Commissioners visions of this Act appoint all such officers and ser-officers.

Commissioners' powers.

vants as may be necessary for the carrying out of the provisions of this Act.

POWERS OF COMMISSIONERS.

39. (1) The Commissioners are hereby empowered to do all things which may be necessary or incidental to the effectual carrying out of the provisions of this Act, and to do all or any of the following:

(a) to acquire by purchase or otherwise and to construct, equip, operate and maintain a system of electric lighting and to furnish electric light and power in the village and enter into a contract or contracts with any corporation, firm or person, for the acquiring construction, equipment, operation, maintainance and furnishing thereof by tender or otherwise to construct works and acquire lands and generally to do all things necessary for any or all of the above objects; provided that the Commissioners may in their discretion construct said work or any portion thereof by days' work or otherwise;

(b) to organize and equip an efficient fire Company for the protection of the village against fire and for that purpose to purchase appliances necessary for the proper and thorough equipment of such Company and to appoint a sufficient number of fire wardens, fire constables and firemen for the village; the property held by such fire Company shall be vested in the Commissioners;

(c) to construct, control and maintain such sewers, drains and ditches within and without the bounds of the village as may be expedient to secure a proper drainage of the village and the disposal of the sewerage thereof;

(d) to acquire, build, erect, buy, lease, control, operate and maintain any waterworks plant and to supply the village and the inhabitants thereof with water for all purposes;

(e) to appoint one or more police constables to act for the preservation of the public peace and order and for the enforcement of the laws against crime, vice, drunkenness, immorality, and indecency in such village; and to make regulations as to the duties to be performed by such police constable or constables and to provide for their remuneration and to establish, maintain and regulate lock-up houses in such village;

(f) to acquire by purchase or otherwise lands and buildings to be used for public purposes and to care for and improve public grounds and buildings, squares and parks and all property held by the Commissioners for the use of the public.

may

(2) (a) The Commissioners may for the pur-Commissioners poses in this section contained and subject to the upon lands. provisions of The Nova Scotia Water Act, 1919, and the Highway Act enter upon all lands within and without the bounds of the village and upon the bed of any river, lake, pond, stream, brook or spring and to build and repair or erect any works or structures or poles thereon and lay down any pipes, drains or sewers thereon necessary for any of the above mentioned objects, and they may from time to time as occasion may require enter upon such lands for the purpose contained in this section;

(b) the Commissioners shall not in any County HighMunicipality erect, construct or place in, upon, be notified of along, under or across any road or highway any pole, wire, conduit, drain, sewer or pipe unless one month's notice has been given to the County Highway Superintendent of the County in which the work is proposed to be done or in which the road or highway in, upon, along or under which it is proposed to do the same are situated, and if the County Highway Superintendent does not within such month agree as to the terms and conditions upon which such work shall be done the matter shall be referred to the Board of Commissioners of Public Utilities and the Board shall direct that said Commissioners may proceed with

1

Consent of Town Council required to do work.

Acquiring of lands.

Arbitration.

such work on such terms as the Board deems right;

(c) the Commissioners shall not in any incorporated town erect, construct or place in, upon, along, under or across any road or highway any pole, wire, conduit, drain, sewer or pipe without having first obtained the consent of the Council of such incorporated town and such Council may give such consent on such terms, or may refuse its consent, as it deems fit. If the Council refuses to give such consent or agrees to it only on terms which the Commissioners will not accept, the matter shall be referred to the Board of Commissioners of Public Utilities and the Board shall direct that the said Commissioners may proceed with such work on such terms as the Board deems right.

(3) (a) Whenever it shall be necessary for any of the purposes of this Act that the Commissioners be invested with the title to and possession of any pieces or parcels of land and premises, lands covered with water or water rights of any kind it shall be lawful for the Commissioners, subject to the provisions of The Nova Scotia Water Act, 1919, to purchase or lease the same, and in case they cannot agree with the owner thereof for the purchase or lease thereof they may enter upon and take the same, and shall give notice in writing to the owner thereof, that the same are required for the purposes of this Act and requiring such owner to appoint an arbitrator and the Commissioners shall thereupon appoint an arbitrator;

(b) the two arbitrators so appointed shall choose a third arbitrator and the three arbitrators shall proceed to determine and assess the amount to be paid to such owner by way of compensation and to award the same, such award to be final and conclusive, and the Commissioners shall, provided they decide to take the said lands within six months, pay the full amount of the award with interest from the date thereof to the person entitled to the same; provided, however, that the Commissioners may if they have reason to believe

that there may be any claims or incumbrances
against the property taken, or if any person to
whom compensation is payable, cannot be found
or is unknown, or if for any other reason the Com-
missioners deem it advisable, they may pay the
amount so awarded as compensation into the office
of the Clerk of the County Court for the District
in which such village is situate and shall file a cer-
tified copy of the award with the Clerk of such
Court. Such money shall be paid out as the
Judge of the said Court on summary application
therefor directs;

of award Com

owner in fee

(c) upon the payment or tender of the amount Upon payment of such award or upon payment thereof to the missioners Clerk of the said Court and upon the registra- simple. tion of the notice and award with an acknowledgment of the person entitled to such award, or of the Clerk of the said Court, as the case may be, endorsed on such award, in the Registry of Deeds office for the Municipality of which the village forms part, the Commissioners shall be and be deemed the rightful purchasers and owners in fee simple of such property, if the award is for the purchase thereof, or otherwise shall be and be deemed the tenants thereof for such time as is in such award set forth. If the Commissioners refuse to accept the said lands they shall pay the costs of the arbitration;

(d) in case of the refusal or neglect of the Failure to apowner of such property to appoint an arbitrator point arbitrator or on the failure of any two arbitrators to appoint a third arbitrator such arbitrator shall be appointed by the Governor-in-Council.

(4) In the event of damage being done in the compensation execution of any work authorized under the provis-done. ions of this Act the person sustaining and claiming such damages shall be entitled to receive such compensation as shall be mutually agreed on between such person and the Commissioners; in case no agreement can be arrived at the amount shall be settled by arbitration as in this section provided in the case of lands taken by the Commissioners.