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[ Assented to 19th June, 1856. ] ^HEREAS the construction of Water Wnrka n«^ , , » ^- would conduce to the health and comfort of ^t • IT}^ ""^ ^**«' Sty of Hamilton: Therefore, HerXS Tv nnJ -lu^'u'**".*' '^^ *^»« -entof the Legislative Coincil^n^^ ifc''^!:,:^^;^^ the Water Commissioners for the City of Hamilton ^°^° ith a sufficient quantity of Dure and wLlJ^ ^ n ^ °* Hamilton ^itants, and tje amou^nt o? mt ^ ^eS^t: Scut l^cT ^^^^ y"-aL':utoS^=^^^^ 7Ploy engineer, su. •n to fulfil their duties under this Act ^ """^ ^' ""'''"^'y ^ ««««• IV. It shall and may be lawful for the saM r^.,,^- • , . kvants and workmen; from time to til Ini^T 'T"^"' *^'''' ^'^ts. k Bball see fit, and they a^e her by aSized ^n/^^^^ *™'!, ^'"'^''' ^ tnd upon the lands of any person orTrS, ^"^,^"PO^?^«d to enter ia- ^the City of Hamilton, or ILTZ^'^^n'H''' ^^'^'9 ^' corporate, pey, set out and ascertain Wch 'rte Tweofn^.r' '''^' ^^'^.^^ ^the purposes of the said ^^^rWoLXf^fZi^XT:^,::^]^ any spring or stream of water thereon, as they shall judge suitable and proper, and to contract with the owners or occupiers of the said lands and those having an interest or right in the said water for the purchase thereof, or of any part thereof, or of any privilege that may bo required for tk purposes of the said Commissioners ; and in case of any disagreement be- tween the said Commissioners and the owners or occupiers of such lands, or any persons having an interest in the said water or the natural flow there of, or any such privilege as aforesaid, respecting the amount of purchase or value thereof, or as to the damages such appropriation shall cause to tliem or otherwise ; or in case any such owner or occupier shall be an infant, married woman, or insane, or absent from this Province, or in case sucb lands or water privilege may be mortgaged or pledged to any person or per- sons, it shall and may be lawful for the Judge of the County Court of the County of Wentworth, on application being made to him, to nominate and appoint three indifferent persons as arbitrators, to award, determine, adjudge and order the respective sums of money which the said Commissioner! shall pay to the respective persons entitled to receive the same, the awani of the majority of whom shall be final ; and the said arbitrators shall be and they are hereby required to attend at some convenient place, at or in the vicinity of the said city, to be appointed by the said Commissioner! after eight days' notice given for that purpose, by the said Commissioners, then and there to arbitrate and award, adjudge and determine such mattei and things as shall be submitted to their consideration by the parties inter- ested ; and each arbitrater shall be sworn before some one of Her Majesty'i Justices of the Peace, in and for the said County of Wentworth, or tie said city, any of whom may be required to attend the said meeting for ti:at purpose, well and truly to assess the value or damages between the partia, to the best of his judgment : Provided always, that any award under thii Act shall be subject tw be set aside on application to the Court of Queen ^^^^^^ ^^ ^^ ^ Bench, in the same manner and on the same grounds as in ordinary case j^t^j^gj ^^ ^^ of arbitration, in which case a reference may be again made to arbitratMi ^^ ^^^^' ^^ ^^^^ y^ as hereinbefore provided ; and that any sum so awarded shall be paid witk in three months from the date of award, or determination of any motion ti ^^^^ annul the same, and in default of such payment the proprietor majr resun ^^^^^^ ^.j^^j the possession of his property, and all his rights shall thereu^n revive ; ao ^ ^j^^ ^^^^ ^ ^^ ^ the award of a majority of the said arbitrators shall be binding on all pa -^ gj^^jj^ besides b( ties concerned, subject as aforesaid. lereby, be held cui . n , ^ "■« any of the Coi V. The lands and water which shall be ascertained, set out, or appJ j^h, or a Magist pviated by the said Commissioners for the purposes thereof as aforesaid, sha j^ p„„^^ ^^ «_ thereupon and for ever thereafter be vested in the Mayor, Alderman ai Commonalty of the City of Hamilton, and their successors, and it shall ai may be lawful for the said Commissioners, and their successors, to constni erect and maintain upon the said lands all such reservoirs, water works n mmissioners, shall machinery requisite for the said undertaking, and to convey the wate Ummissioners U thereto and therefrom, in, upon, or through any of the grounds and Ian "^^^.^^^^ J'^,dgmen< lying intermediate between the said reservoirs and water works and J *"*^%«"pt o^hei BprinKS. streams, rivers or lakes, from which the same are procured, andt ^ Proot ^that his ( Baid City of Hamilton, by one or more lines of pipes, as may from time ;* f/«^^ ="» valid time be found necessary ; and for the better effecting the purposes aforesB VXII. The Comm the said Oommissi end to enter anu as aforesaid, and t the said pipes thrc highways, railroad Wentworth, and tl the said City of Hi and premises of at whatsoever, and to thereof aa th«y the oessary and proper, taking up, removii water to the inhab: Corporation of the through or near wl lay down pipes, tru time to alter all or construction thereo seem meet, doing a lereby granted to t the proprietors, to 1 foresaid: Providet authorize the a inthority to take fo irchard, without th VI. If any perso r procure to be hii lanagers, contracto ny water so that tb if any person sha latter into the said ;ra id Court, by fine owt as in other mii VII. All material! suitable and id lands and ihaac thereof, lired for tlw 3;reement Lc- f such lands, al flow there ' purchase or iause to them le an infant, in case such )crson or per- Court of the loniinate and nine, adjudge iommissionen le, the award .tors shall be ilace, at or it parties inter Her Majesty' to arbitratioi he paid with any motion tft;.„^^r° "°"' *=i'?»««r« «>»i «c^ya„^ „rc hereby ompow- UMft'tZ^Z fame Tnd ul" " " ""^r- ""? ? ''^ """^ ..d n ll2 °C"™'"<"'. ""<• ■". "P"". through, or u„der tho lands Sd. «««y and proper, for the making and mai„tai„i,g ofT Jd wo J „r Z ^n[».tion of .he .aid Ci.y, or of V^^^rl^'or^oc ^ 'e "flLtn' ^ S»^;"p:pX'^rrnxrtf;-^^^^^^ pr.ie> inu, . .na,„ri.e t^.Ji&^l^^^l'^Z:'^!"^^;^^'! "^T^'T^ !Cting for ti:at ttj -,„ n the parties BVt5ure^^^r '«? V^^J ^'•['^"y or "maliciously hinder or interrupt or cause rd under th^ 'SIZ ,^„Jf,j^'"'^«''«'^ ^' interrupted, the said Commissioners or the r rt of Queenl Sfof ^J*'^"^ "' ''^'^^' «f »*« or workn.on, or any of them, in the )rdinary case ' f ,ot any of the powers and authorities in this Act authorized and ■ ' ■ water^o^L'XT"" S -'^""y o'- '-li-o-ly letoff or dLcharge r may resum "„„ ""^ ..r, j ^"^'" '''' '^''^^ ^orks, or in any way foul the same or )n revive ; ao '7'' ^ ^f^^ damage or injury to the works, pipes, or water or eTcour i«S«» -11 P" fdtl Zl^Hf' every person oifending'i'n'any of the cases aforl- erebv LS^^^^ '" ''^^^°" ^* 1^^ fo'' ^^^^ damages done Tan; f .1^ guilty of a misdemeanor, and upon conviction thfreof be- out, orapp« IT^ of the Courts of Criminal Jurisdiction in the County of Went atsa^d, sL '^\^l\ Mj^f-te of the said County or City, shall be punis'hel by tht Alderman a« It "[n other ^IS ™P"^"'!^^"* or either, at the discretion of the ,nd it shall a. '^ ^ '" ''^^^' misdemeanors at Common Law or by summary conviction. s, to constrni VIL All materials procured or partially procured under contract with the Iter works ai mmissioners, shall he exempt from execution, but it shall be the duty of vey the;vate Commissioners to pay the moneys due to su'ch contractor for such mat^ nds and la. s to the judgment creditor of the contractor under whose execution^uch works, and J«"^« ought otherwise to have been sold, upon his producing to them .cured, andtl jProof that his execution would have so attached, Ld such pavmen^ f from timij poses aforesai >!■ ^ hxiiM aa valid payment ou the contract. VIII. The Commissioners shaU keep regular books of account and books fri for recording the whole of their official proceedings, and the said CommiMion- ers and the Clerks employed in their Hcrvice nhall be sworn to the faithful performance of their duties, and all such books shall be open to the exam ination of any person or persona appointed for that purpose by the Major, Aldermen and Commonalty of the City of Hamilton : The Commissionirs | shall also, on the thirtieth day of June and the thirty-first day of Decern ber in each and every year, make a report to the said the Mayor, Aldermen and Commonalty of the City of Hamilton, of the condition of the works under their charge, accompanied by a statement of their receipts and expen- ditures on account of the same. . ^^' '^.^'^ Board of Commissioners for the time being, shall regulate the distribution and use of the water in all places and for all purposes where the same may be required, and from time to time shall fix the prices for the use thereof, and the times of payment, and they may erect such number of pub ic hydrants and in such places as they shall see fit, and direct inf what manner and for what purposes the same shall be used, all which tliej may change at their discretion : Provided always, that all hydrants, conduits, or other appliances required and furnished for the purpose of extinguish- ment of fires shall be placed as the Mayor, Aldermen and Commonalty of the City of Hamilton shall direct, and shall bounder their exclusive con- trol and direction. X. The owner and occupier of any house, tenement or lot, shall each be liable for the payment of the price or rent fixed by the Commissioners fotl the use of the water by such occupier, and such price or rent so fived shall boa lien upon the said house, tenement or lot in the same way and manner as other taxes assessed on real estate in the said City of Hamilton are liens,! and shall be collected in like manner, if not previously paid to the CommL'-| sioners. | XI. A majority of the said Commissioners shall constitute a quorum fori the transaction of any business allowed or required by the powers or dutiesi of their commission, and all contracts and engagements, acts and doings ofl the said Commissioners within the scope of their duty or authority, shall bef obligatory upon and be in law considered as done by the Meyor, Aldermenl and Commonalty of the City of Hamilton. XII. The said Commissioners may prosecute or defend any actions or pro- cess at Law or in Equity by the name of the " Water Commissioners of the City of Hamilton," against any person or persons for money due for the use of the water, for the breach of any contract express or implied touching the execution or management of the worka or the distribution of the water orof any promise or contract made to or with them, and also for any injury or trespass or nuisance done or suffered to the water courses, pipes, machinery, or any apparatus belonging to or connected with any part of the works, or for any improper use or waste of the water ; and any vacancy or the filling ^ny vacancy in the Board of Commissioners, either before or after any cause of action arises or suit is commenced, shall not change the right of the said Commissioners as a body to commence or maintain such action or process at law or in Equity, but in all such cases they shall be considered from the time of the organisation of the Board as a Corporation. i Commisgicn- to the faithful to the cxaiL- y the Mayor, jommissioturs •„ ^31: '^^° ^'o'f ""W'oncrs and their officers shall have the like protection :tZ7t!:lvZ ^^«P-S'-«ffi- -i i" the execution of th^i^dutLs" a« Justices of the Peace now have under the Laws of this Province. XIV. For the purpose ofconstructinL' Urn Nniil w..*«r w^_L= i _ fte exMoMs ottend.a Ihorcon i( .1 ,11 . ? JVatrr Works and pajing ay of Dcce., I Mayor AMcnnm, „d Commoia v Z' .r^Yr'^f"' '" '"'' ''"■■*'"' such numklJfMTv jfnTon / • «^'? City under the Corporation Kcal, signed by and direct i„ I r;!!^"; and countersigned by the Chamberlain of the said City" for the - ime being m such sums not exceeding in the whole the said sura of three hundred thousand pound., authorized to bo borrowed under thb Act a" the Commissioners sha d rect and aonoinf nnrl ♦»,. ,^-- • i ' ? ing thereof, and the interest accurinc thereon sh-.I! ho n,nT ^ "", , ^ '^^^ annually either in sterling or in curre'ncjTnThif Cv „"e t SSS" or elsewhere, as the said Council shall deem expedient o.nece^sa'y lAcfl'nd^tfil f ''*?'•, W-orks to bo erected and constructed under this A and al«o the Land to be acquired for the purposes thereof and everv matter and thing therewith connected, shall be and they are hereby SDe3 Sf 'w&^' Tf ^'-^ and hypothecated for the rlpa^mSfa^y sS i^^t a teTL for ^rr '^ \'^' '''^ Corporation Vr the puri^sesTf nl J 11 T . ^^^ ^"^ ^"^ punctual payment of the interest there- npon, and all, each and every of the holders of the Debentures in the last II which tlcj ints, conduits, 3f extinguish- ommonalty oi exclusive con- shall each be missioners for so fived shall y and manner Iton are liens, the Commis- 3. quorum fori rers or duties I and doings ofifor'^curi^g he pavment^^^^^^^^^ T-Tn T^ ^''^P'^^^ appertaining theret ority, shall bel J!" "^ *''' P'^^""""* ""^ ^^^ '^'^ Debentures and the interest thereon. 'or, Alderaeo ictions or pro- doners of the ue for the use touching the le water or of my injury or 3, machinery, the works, or or the fillin? "ter any cause iZilprfLS!'^ 'v"'''.^^" received, be deposited by the said Com- Mioners for the time being, in some one or mo. ,? the chartered BaX f this Province, on such conditions as the said loaimissiiS shall from me to time agree upon and only be withdrawn thererrr hey mt f om :^ Sr i^n^^a'tit t ^^^^^^ '''' ^'^^^"^^ of t^e SilStha™ ^^lnIntct:oX'lr^Z'^^^^^ *h« Mayo, or process at X "f tC^j^ '' ^j^^" be lawfu for the Mayor of the said City and he is P..^' *i,„ i-,^, ereby authorized and required to issue his warrant to th« ■Return-'n- oZl- "reach Ward m the said City for the then next preceding election" for 4j 'ill I AI- il :^l 8 dormen and Councillors, requiring the naid Returning Officer to proceed to the election of one Water (jommissionor for each Ward in the said City, it I the Hamo manner in all rcwpectH, and givi.ig tlio Hamo noticoH an are now n- \ quired in case of Municipal Eh^ctionH in the Haid City, und all iHjrsons author- ized 10 vote at such Klcction for Aldernicn and CouncillorH, shall l)o entitl«d| to voto for tho Haid Water CoMniifinioner for his Ward, and not otherwise. XVIII. The said Water Coinmissionors shall, r.t their first Meeting after j their Election, determine by lot or otherwise tho terms durin;T which thejl shall respectively hold their offices, and these shall he as follows : one of them shall remain in office one year, one two years, one three years, one four yean, and one five years, all to be computed from the first Monday in tho month | of January next preceding. XIX. At the Municipal Election to be held in the said City in each year I after tho special Elections hereinbefore authorized to be held for the Elec- tion of the said Water Commissioners, there shall be elected in tho .saaw manner a.s tho Alderman and Councillors are elected, and by the persons uowl authorized to vote at such Election, one Commissioner for the Ward in I which a vacancy has occqred by tlu! retirement of the Commlsssouer wIiomI term of office has expired, who shall hold his office for five years next en- 1 suing such election ; and any vacancies that shall occur in tho said Com-I mission by death, resignation or otherwise, shall bo filled by a person tobej named by tho Mayor, Alderman and Commonalty of the City of Hamilton|[ but the person or persons so appointed to fill such vacancy shall hold his orl their offices only for the residue of the terra for which he or they may bel appointed. XX. The Chairman of the said Commissioners and the said Commis-I sioners shall be paid for their services as the Mayor, Aldermen and Common-I alty of tlie City of Hamilton shall annually fix, and shall also be paid alll reasonable travelling expenses incurred while employed upon or about thej works, XXI. This Act shall be deemed and taken as a Public Act.