^ ^ ^ ^A^, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I i^yi §21 |io ^^~ IIIIMB Ui lii 12.2 £? 124 ■" ^ US. 12.0 1^ IIIJ4 1^ \ PhotograiJiic Sciences Carparatioii 33 WBT MAIN STRf IT VtfltSTIII,N.Y. USSO (716)t72-4S03 4^ 4r 5. ^'^ t CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Instituta for Historical IMicroraproductions / Institut Canadian da microraproductions historiquaa ".yimm *'iii Technical and Bibliographic Notas/Notaa techniquas at bibliographiquas The Instituta has attamptad to obtain tha bast original copy availabia for filming. Faaturas of this copy which may ba bibliograph 6 Irk >| .\i-'- '^ CORPORATION OF QUEBEC. i' & " ^ ?]^B- jgj" tj>4- ANNO DECIMO CAP. CXIII. An Aet for supplying the City of Quebec and parts a(^aceut thereto with water. OtJEBEC: Printtd bjf Bvriav & Marcottk. 1950. ANNO D E C I M O ¥I@T@RI^ fll@IN^< CAP. CXIII. i Au Act for supplying the City of Quebec and parts adjacent thereto with water. Reserved for the signification of Her Majesty's pleasure, 9th June, 1846. The Royal Assent given by Her Majesty in Council, on the 19th December, following; and Proclamation made thereof by His Excellency James, Earl of Elgin and Kincardine, in the Canada Gazette of February 20, 1847. WHEREAS the supplying of the City of Quebec Preamble. and the parts thereunto adjacent with good and wholesome water would be of great public advantage : And whereas a plentiful supply of pure and wholesome water, at greatly reduced rates, may be procured from sources in the vicinity of the said City : And whereas the Mayor and Councillors of the said City of Quebec, incorporated by law, have not funds at their disposal or which they are now empowered by law to raise, sufficient to effect the object aforesaid, unless they suspend the Public Works aud improvements now re- quisite in the said City, and they have therefore prayed that further powers be granted them in the behalf aforesaid : Be it therefore enacted by the Queen's Most "^ Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative As- sembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an 1.' t M The Corpora- tion of the City of Quebec may construct Water Works within thesaid City.orwlthin a certain dis- tance there- from. The Corpora- tion may im- prove, alter, or remove the said Water Works, and may acquire Act passed in the Parlement of the Uuited Kingdom of QteaX Britain and Ireland, and intituled, An Act to re-unite ihe Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same. That it shall and may be lawful for the said Corporation of The Mayor and Coun- cillors of the City of Quebec, uid they are hereby autho- rized and empowered, by themselves, their agents, deputies, officers, workmen, servants and assistants, from time to time to make, erect, construct, repair and maintain, within or without the limits of the said City, and at such distance as may not exceed twenty-five miles from the said City, all such buildings, houses, sheds, engines, water-houses, reservoirs, reservatories, water wheels, fire engines, machineiy, working gears, cisterns, pounds, basins of water, main pipes, rider pipes, stand pipes, service pipes, conduct pipes, branches of iron, lead or other metal; plugs, cocks, chambers, cocks in common, stop cocks, stop backs, valves, fire plugs, air plugs, fire cocks, boxes, forcing mains, ferrils, feeders, campirs, drains, pumps, sluices and otkw works, devices or things, in such manner ard of such construction as they shall think necessary, proper and expedient for forcing, conveying and conducting into and throughout the said City of Quebec and parts ad- jacent a sufficient quantity of good and wholesome water for the uso and supply of the inhabitants of th« said City of Quebec and the parts thereunto acyaoent, as also all lead, leaden and other pipes, bfass eooks, tools and materials of every deser^tiou. II. And be it enacted. That it shall and may be law- ful for the said Corporation of The Mayor and Council- lors of the City of Quebec, by any By-law to be hereafter passed in the manner provided by the Ordi- nance incorporating the said City and the Ordinance and f: » r>. A Act amending the same, or by any Act thai may hereafter be passed for the same purpose, and they are hereby authorized and empowered to improve, alter or remoTo the said Water Works, or any part or parts thereof, and to change the site of the several engines and place or sources of supply thereof, and also by themselves, their agents, deputies, officers, workmen, servants or assistants, fh>m time to time to erect, con- struct, repair an^! maintain any where within twenty- five miles from the nearest limits of the said City, all such buildings, houses, sheds, engines, water-houses, reservoirs, reservatories, water sheds, fire engines, machinery, working gears, cisterns, pounds and basins of water, and the other works, devices and things hereinbefore recited, in such manner and of such con- struction as they shall think necessary, proper or ex- pedient for forcing, eonveying and conducting, into and throughout the whole of the said City and the parts thereunto adjacent, or conducive to the existence, im- provement or continuance of the said Water Works ; and for effecting the foregohig or any other purpose or purposes connected with the said Water Works, it shall and may be lawful for the said Corporation, and they are hereby authorized and empowered to purchase, hold and acquire any lands, tenements and immo- veable estates, servit les, usufruits, hereditaments, or other real property ol any description, within the said City of Quebec or in the vicinity thereof, not distant more than twenty-five miles from the limits of the said City, which shall and may be necessary for the said Water Works, or for improving, altering or extending the same ; saving nevertheless to the Seignior or Sei- gniors within whose cenaivt the said lands, tenements, immoveaUe estates, hereditaments or other real pro- perty as aforesaid, so purchased, may be situate, his or their several and respective rights that mar become a2 adtlitiunali'val estate for that Surpose, and isposeofthat previously ac- auired by them for a like purpose. Rights of the Seignior. saved. c Corporate bo- dies and all other parties authorized tn sell any real estate required by the ( oqw)- ration under this Act, and indemniticd for selling the same. legally (1(10 npuu the cummutatiuu of the tvuure uf such loiidi) and tenements, which commutation shall be affected by the said Corporation with the least possible delay ; and in case of the removal or alteration of the site of any such Works as aforesaid, to dispose of the lands or other property theretofore held by the Cor- poration as the site of such Works, and others to pur- chase and acquire in like manner instead thereof. III. And be it enacted, That it shall and may be lawful for all bodies politic or corporate, or collegiate corporations aggregate or sole, communities, husbands tutors or gunrdians, curators, grvves de substitution, and all executors, administrators and other trustees or persons whatsoever, who are or shall be seized or pos- sessed of, or interested in any lands, tenements, im- movcuble estate, servitudes, usufruits and heredita- ments, or other real property within the said City, or within twenty-five miles thereof, which may be selected and desired by the said Corporation for the purposes of the said Water Works, not only for and on behalf of themselves, their heirs, and successors, but also for and on behalf of all persons whom they represent, or for whom or in trust for whom they are, or shall be seized, possessed or interested as aforesaid, whether minors or issue unborn, lunatics, idiots, femes-covert, or other person or persons, to contract for, bargain, sell and convey such lands, tenements, immoveable es- tates, servitudes, and hereditaments or other real property, and such contracts, sales, agreements, assu- rances and conveyances so to be made, shall bo valid and effectual in law, to all intents and purposes what- soever ; any law, statute, usage or custom to the con- trarj- notwithstanding ; and all bodies politic, cori)orate or collegiate, communities, corporations and persons whatsoever, so contracting, selling or conveying as nfurfNuid, aru hurchy iiulctniiined tor and in rcNpuvt ot' any Much sale, wliUiii ho, she, or thoy Hhall rcHpcotively make, by virtue of or in pursuance of this Act ; secur- ing always the rights of any person or party to tho whole or any part of the purchase money, to he paid by the said Coqioration for any real property purchased as aforesaid. IV. And be it enacted, That tho said Corporotion shall have full power, notwhithstanding any law to the contrary, to take and enter into, after ])aying, tendering, or depositing the value thereof, such land, ground, or real property of any description lying within the said City or within twenty-five miles of tho limits thereof, not belonging to tho Crown or vested in ony officer, person or body for tlio public uses of the Province, as may be necessary for enabling the said C'orporation to carry this Act fully into effect, according to the true intent and meaning thereof, in tho same manner, and under the same provisions, limitations and conditions, as if such land, ground, or real property lay within tho City of Quebec, and were required for opening a new street or for any other purpose for which the said Cor- poration may lawfully take and enter into land, ground, or real property within the said City, after paying, ten- dering, or depositing the value thereof; and it shall be lawful for tho Governor, or jiorson administering the Government, in Council, if he shall deem it expedient, and on such terms and conditions as to him shall seem meet, to grant or lease to the said Corporation such portion of the beach or ground covered by tho waters of the River Saint Lawrence or other river, or of any other lands of the Crown, or such right or privilege of using the stream or water of any such river, as may be necessary to enable the said Corporation more ftiUy to carry this Act into effect ; any Act or law to the cou- trarv notwithstanding. Coqioratiun limy take iinil enter upon any land, lieinf^ private i)ro- perty required ft»r the pur- poses of this Act, after pay- ment or tender or the value thereof. Governor in Council mny grant or lease to the Corpo- ration any Beach lots or Crown lands, or the right of using the wa- ter or any stream. 8 The Corpora- tion authoriz- ed to break up streets, &c., and to erect works for con- ducting the water. And to enter upon lands. private And to malce alterations from time to time. Corporation not to make use of private property with- out consent of the owner ex- cept after pay- ing or tender- ing the value thereof. V. Aud be it enacted, that it shall be lawful for the said Corporation, and their agents, deputies, officers, workmen, servants and assistants, to dig, break up, and remove the soil, posts, sewers, drains, pavements and gravelled ways, of any of the public highways, roads, streets, squares, hills, market places, lanes, open areas, alleys, yards, courts, waste grounds, footways, quays, bridges, gates, gateways, closes, ditches, walls, precints and other passages and place within the said City, and within twenty-five miles of the limits thereof, doing no unnecessary damage in the premises, and to enter into and make use of any private lauds or grounds within the said City and within the twenty-five miles of the nearcit part thereof, and to dig and sink branches, and lay and drive pipes, and put, fix and establish stop cocks, fire plugs, air-cocks and branches from such pipes, and to widen common passages, for the laying and fixing such pipes^ and all such matters and things as aforesaid, in such places and in such maimer as they shall judge necessary for conveying the water to the respective houses, offices and other tenements of the said inhabitants of the said City, and the parts there- unto adjacent ; and from time to time, as occasion may require, to alter the position of, and to repair, relay and maintain such pipes, stop-cocks, plugs, machinery, conduct-pipes, devices, matters and works aforesaid, and to do and perform all such other acts as shall from time to time be necessary or proper, for completing, amending, repairing, improving and using the works already made or provided, or to be made, done or provided for the purposes aforesaid : Provided always, that it sha"! not be lawful for the said Corporation, or any person acting under their authority, to enter into and make use of any private lands or grounds within the limits of the said City, and within twenty-five miles thereof, without the consent of the owner or owners 9 thereof, except alter paying, tendering or depositiug the value thereof, as hereinbefore proided : And pro- vided also, that the respective persons, who shall open and break up, or cause to be opened or broken up, any ground for laying, taking or repairing any pipe, or other work as aforesaid, by virtue of this Act, shall, and they are hereby required to take care, as far as may be, to preserve a free and uninterrupted passage through any street, lane, alley, road, square, public place, highway or other places, while the works are in progress, and to cause the trenches to be filled in, and the pavement or ground made in as good a condition as before the commencement of the work, without any unnecessary delay, and the rubbish occasioned thereby to be carried away as soon as reasonably may be, and in the meantime, to cause the place where the ground shall be opened or broken up as aforesaid, to be fenced or guarded with lamps or with watchmen during the night so that the same may not be dangerous to pas- sengers, upon pain of forfeiting for every neglect, to any persons suing for the same, in a summary manner before any Justice of the Peace for the District, on the oath of one credible witness other than the party suing, a sum not exceeding five pounds current money of this Province, over and above all such damages as may be recovered against the said Corporation in any civil action. Grounds opened ior the layings of pipes, and trenches to be filled, and the pavements or ground made good. Precaution for preventing accident VI. And be it enacted. That where there are build- ing"* within the said City or the parts adjacent there- to, the different parts whereof shall belong to different proprietors, or shall be in possession of different te- nants or lessees, the said Corporation shall have power to carry pipes to any part of any building so situate, passing over the property of one or more proprietors, or in possession of one or more tenants, to convey the When build- ings are pos- sessed by dif- ferent propri- etors or te- nants, how the Corporation iS' to act, making; satisfaction Ibr all dama- ges. 10 \vutei' to that of unutber, ur in the posseusiuu of another the pipes being carried up and attached to the outside of the buikling, and also to break up and uplift all pas- sages which may be a common servitude to neighbour- ing proprietors, and to dig and cut trenches therein for the purpose of laying down pipes or taking up and repairing the same, the said Corporation doing as little damage as may be in the execution of the powers granted by this Act, and making satisfaction to the owners or proprietors of buildings or other property, . for all damages to be by them sustained in or by the execution of all or any of the said powers, subject to which provisions this Act shall be sufficient to indem- nify the said Corporation or their servants or those by them employed, for what they or any of them shall do in pursuance of the powers granted by this Act. Water Works VII. An ' bo it enacted, that the said Corporation ted *a8 not to ^^^^ SO maintain or locate their Water Works and all endanger the apparatus and appurtenances thereunto belonging and or safety. appartaining or therewit-i connected, and wheresoever situated, as in no wise to endanger the public health or safety. Penalty on procuring wa- ter without the consent of the Corpora^ tion, from their Water Works. VIII. And ye it enacted. That if any person or per- i??-^ sons shall lay or cause to be laid any pipe or main to communicate with any pipe or main belonging to the said Corporation, or in any way obtain or use its water without the consent of the said Corporation, he or they shall forfeit and pay to the said Corporation the sum of twenty-five pounds current money of this Province ; and also a further sum of twenty shillings for each day such pipe or main shall so remain ; which said sum, together with costs of suit in that behalf incurred, may be recovered by civil action in any Court of Law in this Province, having civil jurisdiction to that amount. >f another le outside ift all pas- leighbour- 3S therein ig up and doing as he powers on to the property, or by the subject to to iudem- • those by 1 shall do iCt. Jorporation ks and all mging and heresoever blio health on or per- or main to ;ing to the }e its water , he or they n the sum I Province; or each day said sum, curred, may of Law in tat amount. j:ii n IX. And be it enact'ed. That in order to preserve Penalty on * persons pollu- the water now or hereafter to be conveyed into the ting waters in City, and the parts thereunto adjacent, clean and whole- reservoirs, some, if any persons shall bathe or wash, or cleanse any cloth, wool, leather, skins, animals, or any noisome or offensive thing in any of the reservoirs, cisterns, ponds, sources or fountains, from which the water to supply tlie said City is to be obtained or conveyed, or cast throw or put any filth, dirt, dead carcasses, or other noisome or offensive thing therein> or cause, permit, or suffer the water of any sink, sewer or drain to run or be conveyed into the same, or cause any other annoyance to be done to the water therein, every such person shall, on conviction thereof before any Justice of the Peace of the District, on the oath of one credible witness, be by the said Justice before whom such person shall be tried or convicted, adjudged and condemned to pay a penalty for every such offence, not exceeding five pounds current money of this Province, one half to be applied to the use of the said Corpora- tion, and the other half to him or her who shall sue for the same, and in case the party siiing for the same shall be tho Corporation itself, or any of their officers or servants, then the whole of the said penalty shall be applied to the uses of the said Corporation, and the said Justice ma^ also in his discretion further con- demn such person to be confined in the Common Gaol of the District for a space of time not exceeding one month, as to such Justice may seem meet. How recover- able. ■ I'l X. And be it enacted. That if any person or persons Penalty on shall wilfully or maliciously hinder, obstruct, embarrass JfJJJJ oJ'jn. or interrupt the said Corporation, their agent or agents, juring pipes or officers, workmen, servants or assistants, or any of <>">«' workt. them, in making, erecting, repairing or doing or per- forming any of the works aforesaid, or in the exercise I 1;^ How recover- able. uf any of the powers and authorities by this Act granted, or shall break up, pull down, take away, put uut of order, destroy, damage, or injure, any engine, water-house, pipe, plug or other works, or any matter, apparatus, device, or thing already made or provided, or which shall be made or provided for the purposes aforesaid, or any of the materials used or provided for the same or ordered to be erected, laid down or be- longing to the said Corporation in connextion with the said works, or shall in anywise wilfully do any other injury or damage for the purpose of obstructing, hin- dering, ulterrupting or embarrassing the construction, completion, maintaining or repairing of the said works, or in any wise cause or procure the same to be done, every person or persons so offending shall, for every such offence, forfeit and pay to the said Corporation the amount of damages sustained by means of such offence or injury, to be recovered by the said Corpora- tion, with costs of suit, by action of debt before any competent Court or Tribunal within this Province. ji Corporation may make By- laws for the relation, maintenance and protection of the Water Works; and may thereby impose fines and fix the rates to be paid for the water, &c. XI. And be it enacted. That it shall and may be lawful for the said Corporation as aforesaid, and they are hereby authorized and empowered to make such By-laws as to them shall seem requisite and necessary, for prohibiting, by fine not exceeding five pounds cur- rency, or imprisonment not exceeding one month, any person being occupant, tenant or inmate of any house, supplied with water from the said Water Works, from vending, selling or disposing of the said water, from giving it away, or permitting it to be so taken or carried away, or from using or applying it to the use or benefit of others, or to any other than to his, her or their own use or benefit, or increasing the supply of water agreed for with the said Corporation, or wrongfully, negli- gently or improperly wasting the water, for regulating J^ XIII. And be it enacted. That for the purpose of establishing the said Water Works as aforesaid, it shall and may be lawful for tlie said Corporation, before or after the completion of the said Water Works, to issue under the hand of the Mayor, and the seal of the sa Corporation, Debentures or Corporation Bonds, to the amount of fifty thousand pounds, current money afore- b2 Corpomtion authorized to issue Deben- tures or Bonds to the amount of £30,000, re- deemable on or before Ist Nov. 1860, with interest 13 % « the time, manner, extent and nature of the supply of water to be provided and supplied by the said works, tenements or parties to which and whom the same shall be furnished, the price or prices to be exacted therefor, the time and mode and circumstances of pay- ment therefor, and each and every other matter or thing, relating to or connected therewith, which it may be necessary or proper to direct, regulate or determine for issuing to tlie inhabit ints of the said City a con- tinued and abundant supply of pure and wholesome water, and to prevent the practising of frauds upon the said Corporation with regard to the water so to be supplied. XII. And be it enacted. That nothing in this Act contained shall extend or be construed to extend to confer upon the said Corporation any additional right of assessment beyond that now by them enjoyed, or of enforcing any general water-rent or tax, or to permit the said Corporation by any By-law or other Municipal regulation hereafter to be determined upon by the said Corporation, in reference to tlie said Water Works, to subject any proprietor, householder or other person or persons to any general water-rent or tax, unless he or they be actually supplied with water, or to compel any such proprietor, householder or other person or persons to receive the said water, or the conduits thereof, into his or their premises. Coqtoration to have no power to enact any By-law imposing any general water- rent or tax, or to compel pro- prietors, &c. to take the water. ! 14 payable Kmi- said, payable on or before the first day of November, annually. J it Proviso : Contract to be first entered into. Revenues aris- ing from the Water Works to be applied to the pay ment of the in- terest of the money bor- rowea and to the extinction of the debt ill the year of Our Lord, ono thousand eight hundred and sixty, and bearing interest, payable semi-annually, on the first day of November and May, in each and every year, and at a rate not exceeding six per centum per annum. Provided always, that before the issuing of any such Debentures or Corporation Bonds, the said Corporation shall have enacted and ordained a By-Law specifying the principal streets, lanes and public places within the limits of the City which are to be supplied with water, and shall, after duly advertising for tenders, have entered into a contract wi«,.i the lowest bic^der giving security to their satisfaction for the per- formance of the work and for keeping the same in good repair for three years, at a sum not exceeding fifty thousand pounds, including the necessary real property and materials. XIV. And be U enacted. That all the revenues arising from or out of the supplying of water, or from the property, moveable or immoveable, connected with the said Water Works, to be established by the said Corporation under this Act, shall, after providing for the interest accruing on the Debentures or Corporation Bonds issued by the said Corporation in pursuance of this Act, be formed into a fimd separate and apart from the other funds of the Corjioration, and applied by the said Corporation to tlie extinction of the debt which may be contracted by reason of the establishment of the said Water Works, and afterwards such revenues shall make port of the general funds of the Corpora- tion, and may be applied accordingly. XV. And be it enacted. That the said Water Works Holders of have a special and also the land to be acquired for the purposes aforo- 'i"*iv^* "" said, and every matter and thing therewith connected, Work* shall be and thny are hereby specially charged, pledg- 15 ed, mortgaged and hypothecated for the repnyment 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 there- upon ; and all, each and every of the holders of the said Debentures shall have a concurrent pledge, mort- gage, hypothec or privilege on the said property for securing the payment of the said Debentures and the interest thereon. XVI. And be it enacted. That receipts for any in- terest due on all Debentures or Corporation Bonds that shall lawfully be issued by the authority of this Act, and which shall iVom time to time remain undis- charged and uncancelled, as well as such Deben- tures or Corporation Bonds themselves, shall and may, after the period therein appointed for the pay- ment of either thereof, be received and taken by the Treasurer of the said City, from any person making payment to him upon any account or for any cause whatever on account pf the said City, and that the same shall be deemed and taken as money, and as such be charged against, and credited to, such Trea- surer aforesaid, in his accounts with the said City : Provided always, that no interest shall run or be paid upon or for any such Debenture or Corporation Bond during the time such Debenture ot Corporation Bond so paid shell remain in the hands of the Treasurer as aforesaid, but for such time the interest on every such Debenture or Corporation Bond shall cease. Debentures or the interest therton may be paid to the City Treasurer in payment of any debt due the City. Interest not to run un Deben- tures while in the hands of the City Trea- surer. XVII. And be it enacted. That the person or per- Persons pay sons who shall pay any such Debenture or Corporation ["rgg ^^^ j^e Bond so bearing interest, to the City Treasurer afore- City Treasu- said, shall at the time of making such payment, put the' time of his, or her, or their name or names, and write there* payment. i 16 tipon ill wurds at length, tho day of the month and year in which he, she or they so paid such Debenture or Corporation Bond, beoruig interest ; all which the said City Treasurer shall take care to see done and performed accordingly ; and to tho day so ascertained the said City Treasurer shall be allowed the mterest which he shall have paid or allowed upon such deben- ture or Corporation Bond in his accounts with the said City. Punishment on persons forging or al- tering or is- suing forged or counterfeit Debentures. XVIII. And be it enacted. That if any person or persons shall forgo, alter or counterfeit any such De- benture or Corporation Bond which shall be issued under the authority of this Act and remaining uncan- celled, or any stamp, indorsement or writing therein or thereon, or tender in payment any such forged, altered or counterfeit Debenture or Corporation Bond, or any Debenture or Corporation Bond with such coun- terfeit indorsement or writing thereon or therein, or shall demand to have such altered or counterfeit De- benture or Corporation Bond or any Debenture or Corporation Bond, with such altered or counterfeit in- dorsement or writing thereon or therein, exchanged for ready money by any person or persons who shall be obliged or required to exchange the same, or by any other person or persons whomsoever, knowing the Debenture or Corporation Bond, so tendered in pay- ment or demanded to be exchanged, or the indorsment or writting thereon or therein, to be forged and coun- terfeit, and with intent to defraud the said City, or the person appointed to pay off the same, or any of them, or any other person or persons, bodies politic or cor- porate, then every such person or persons, so offend- " ing, being thereof convicted, shall be adjudged a felon and shall be liable at the discretion of the Court be- fore which he, she or they may be tried, to be confined or IT at hard labour iu the Provinciul Penitentiary, fur auy periud not less than three years, or to be imprisoned in any other Prison or place of oonHnemeut for any period not exceeding two years. XIX. And be it enacted. That it shall be the duty cityTrearorer of the City Treasurer aforesaid, whenever called upon tu indorse the to pay or allow the interest upon any of the Deben- K™8t*on tures or Corporation Bonds issued under the authority any Deben- of this Act, to take care to have the some indorsed on ^^''*'' such Debenture or Corporation Bond at the time of payment thereof, expressing the period up to which the said interest shall have been so paid. Corporation may by notice call in Deben- tures over due, and interest to stop on all De- bentures so called in, after six months shall hare ex- pired. XX. And be it enacted. That at any time after the Debentures or Corporation Bonds, or any of thcjn that shall be issued under the authority of this Act, shall respectively become due according to the terms thereof, it shall and may be lawful for the Corporation aforesaid, if they shall think proper so to do, to direct a notice to be inserted in two or more of the news- papers published in the said City, in the English and French languages, requiring all holders of the said Debentures or Corporation Bonds to present the same for payment, according to the conditions thereof, and if after the insertion of such notices for three months, any Debentures or Corporation Bonds then payable shall remain out more than six months from the first publication of such notice, all interest on such Deben- tures or Corporation Bonds, after the expiration of the said six months shall cease and be no further payable in respect of the time which may elapse between the expiration of the said six months, and their present- ment for payment. XXI. And be it enacted. That whenever it shall be Corporation deemed expedient by the said Corporation to redeem ""^ ^^^ *" I 18 I - I I I i iwbrnture* tlie (iuid Debentures or Corporatica Bondti, or any of iiiiido iHiyiihif; tliuni, ttt ail v time pnor to :ho ua^e at which tho name uikI alU'v »ix niQV be made payable, wiih a view to diminish the bebt iiunitliN no- ^ : ^ * /. , . , ,, , , - ., • i mt ^ tiie nil intv- to bo contracted in tho (?Htubnii.iment of tho »aid Water rist tlarfon to Works, it shall and may bo lawful for the said Corpo- ration to direct a notice to be inserted in all the news- papers published in the said City of Quebec, requiring all holders of the said Debentures or CurpiM-ation Bonds to present the same for payment ; aad if i iter the insertion of such notice for three uiontli^, any D«- beutures or Corporation Bonds, tlien ibsu^ L shall re- main out more than six mouths .C-ar the first publi- cation of such notice, all interest ou such Debentures or Corporation Bonds, alter tho expiration of the said six months shall ccah*-, and be no further payable in respect of the time which may elapse between the ex- ■>. ! piration of the said six months and their presentment for payment. Corpomtion not to h(> pre- ventfd trom borrowing money for the Kfneral pur- poses orthe City as here- tofore. XXII. And be it enacted. That nothing in this Act contained shall extend or be construed to extend to diminish the power and authority of the Corporation aforesaid, hereafter to borrow money on the credit of the said City, for the general uses and purposes of the said City as fully and effectually as though the said City were not indebted for the establishment of the Water Works as aforesaid, or that Debentures or Corporation Bonds had not been issued by them for the amount of the cost thereof, or as if this Act had not hoer\ fnssel; any Act, Statute or Law or provision thrro^r tc tJ^q contran- ^otwiiiistanding. Corporation XXIII. And be it enacted. That it shaU and may be may appoint a , « , , Superinten- lawful for the said Corporation, and they are hereby re- ^^if 'proper V'^^^^^ ^^^ *""® ^ *"***» ** occasion may require, m •ecurfty. appoint a fit aad proper person, to be the Soperin- It tendent or Pliiffineer, for the management of Uie said Water Works, and of any Gas Works under the con- trol of the said Corporation, and to prescribe and re- gulate the duties of the said Office, and at their plea- sure to remove any such person from the said Office, «nd appoint another in his place ; and the said Cor- poration shall take such security for the due execution of the said Office as they shall think proper, and shall and may grant and allow to the said Officer such salary, allowance or other compensation for his senices Proviso, as they may think fit Provided always, tl -at such Superintendent or Engineer shall account to the said Corporation quarterly, or oftener if required. XXIV. And be it enacted. That the said Corporation shall be, and they are hereby required to keep or cause to be kept separate books and accounts of the receii)t8 and disbursements for and on account of the said Water Works, distinct from the books and accounts relating to the other property, Arnds or assets belong- ing to the said City, and shall annually, on or after the first day of January in each and every year, cause a statement of the affiurs of the said Water Works to be published in two or more of the newspapers of the said City, in the English and French languages, wherein shall be stated the amount of the rents, issues and profits arising firom the said Works, the number of tenants supplied with water, the extent and value of the moveable and immoveable property thereunto bo- longing, the amount of Debentures or Corporation Bonds then issued and remaining unredeemed and uncancelled, and the interest paid thereon, or yet due and unpaid ; the expenses of collection and manage- ment, and all other contingencies, salaries of officers and servants, the eosts of repairs, improvements and alterations, the prices paid for the acquisition of any c I'urticular BtateiiiiiutB <>t the rovcnut' and cxneiuli ture of tlu' Water Works to be kept and annually jxi bUshcd. Wliitt Huch state- ments shall shew. ' . i! If Hi I 1 I' ' 9 it ( tirporation limy, before or alter the Wa- ter Works are lominenced, .issif^u or make itver the i)ri- V ilexes, &c., hereby confer- red, and may repurchase the sMine. Act not to pre- vent private \Vatvr Works iiorto bind the fiOi^ish'.ture." 20 real estate that may be required for the use of the said Water Works, as also the value received for any real estate that may be sold and disposed of by the said Corporation, and generally such a statement of the revenue and expenditure of the said Water Works as will at all times afford to the citizens of the said City of Quebec, a full and complete knowledge of the state of the affairs of the said Quebec Water Works. XXV. And be it enacted. That it shall be lawful for the said Corporation before or after the said Water Works are commenced, to lease, assign, transfer and make over the rights, privileges, powers and authorities hereby conferred for such a period not exceeding twenty years, and upon such terms and conditions as may be established by a By-law to be by them made in that behalf; and at the end of such period, or sooner, by consent of parties, it shall and may be law- ful for the said Corporation to purchase the same, and any Water Works that may be established by the pur- chaser or purchasers, lessee or lessees of the same, and pay for the same in the manner and by the means ji.loresaid, and thereupon establish the said Works in the same manner and way as if the same had been made and constructed by the said Corjjoration accord- ing to the provisions of'this Act. XXVI. And bo it enacted. That nothing in this Act contained shall extend or be construed to extend to prevent any person or persons, body corporate, politic or collegiate from constructing any Works for the supply of Water to his or tlieir own premises, or to prevent the Legislature of the Province at any time hereafter, from altering, modifying or repealing the powers, previledges or authorities hereinbefore gran- ted to or obtained by the said Corporation. M 91 XXVII. And be it enacted. That nothing herein Rigl'ts of the contained shall affect or be construed to affect in any ' ' • manner or way whatsoever, the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or of any bodies politic or cori^orate, except such only as are herein mentioned. saved. XXVIII. And be it enacted. That if any action or Limitatiitn "( suit shall be brought against any person or persons for any thing done in pursuance of this Act, the same shall be brought within six calendar months next after the fact committed, or in case there shall be a conti- nuation of damages, then within six calendar months after the doing or committing such damages shall cease, and the Defendant or Defendants shall and may plead the general issue and give this Act and the special matter in evidence at any trial to be had there- upon, and that the same was done in pursuance of and under the authority of this Act j and if it shall appear to have been so done, or if any such action or suit shall be brought after the time before limited for bringing the same, then tlie Judgment shall be en- tered for the Defendant or Defendants, or if the Plain- tiff or Plaintiffs shall become nonsuit or shall suffer discontinuance of his or tlieir action or suit, after the Defendant or Defendants shall have appeared, or if a .Judgment shall be entered against the Plaintiff or Plaintiffs, or if upon exceptions or otherwise, Judg- ment shall bo given agauist the Plaintiff or Plaintiffs, the Defendant or Defendants shall have treble costs, and shall have such remedy for the same as any De- fendant hath for costs of suit in other cases of law. Actions General issue may be pli-ad ed nnd speeinl matter Riven in evidenoc. Treble costs. XXIX. And be it enacted. That all the enactments The Ordinan and provisions of the Ordinance of the Governor and rating «ic('itv Special Council of the late Province of Lower Canada, of Quebee.and c2 't ■I f 22 1 11: I theAct amend- ing them, in so far as they are not repug- nant to this Act, to govern any matter re- "luired or authorized uuder this Act. All Acts or Provisions of law repugnant to or incon- sistent with this Act to be repealed, ex- cept as to past transactions. 'i'his Act to be SI Public Act passed in the third and fourth years of Her Miyesty's Reign, and intituled. An Ordinance to incorporate the City and Town of Quebec, as amended by a certain Ordinance of tlie Governor and Special Council afore- said, passed for that purpose in the fourth year of Her present Majesty's Reign, and intituled, ^n Ordinance to amend the Ordinance to incorporate the City and Town of Quebec and both Ordinances as amended by the Act passed in the last Session of the Legislature of the Province, intituled. An Act to amend the Ordi- nances incorporating the City of Quebec, shall in so far as they shall not be repugnant to or inconsistent with the express enactments and evident intent of this Act, extend to and govern each and every act and thing required or authorized to be performed and done, under the authority of this Act, as if this Act had formed part of the said last mentioned Ordinances or either of them. XXX. And be it enacted. That all Acts or provisions of Law in force in this Province, or in any part thereof, before or up to the time when this Act shall come into force, which shall be inconsistent with, or contradictory to this Act, or which make any provision in any matter provided for by this Act, other than such as is hereby made in such matters, shall, from and after the time when this Act shall come into force, be and they are hereby repealed, except in so far as may relate to any circumstance, act or thing occuring, done or effected before the commencement of this Act, which shall be dealt with, adjudged upon, and determined, as if this Act had not been passed. XXXI. And be it enacted. That this Act shall be and is hereby declared to be a Public Act, and shall as such be judicially taken notice of by all Judges, Jus- tices and other persons in this Province, without being specially pleaded. . . , . „ .: H M 23 An Act to amend an Act for supplyinpf the City of Quebec and parts adjacent thereto with water. WHEREAS by an Act of the Le{?islature of this Prcnmble. Province passed in the tenth year of Her Ma- jesty's Reign intituled "An Act for sttpplyin;/ the City lo Vict. 113. " of Quebec and parts adjacent thereto vith water," powers were conferred upon the Mayor and Councillors of the said City with the intention of enabling them to obtain a supply of good and wholesome water from sources in the vicinity of said City : And whereas the inhabitants of the said City, in a public meeting duly convened, as well as the said Corporation, have ex- pressed their desire that further statutory provisions should be made by the Legislature, for the attainment of an object in a great degree conducive to the public health and at the same time affording a protection against fires and disastrous conflagrations, to which the said City hath been exposed from the want of an early supply of water: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled. An Act to re-unite the Provinces of Upper und Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That the restriction imposed upon the said Corpora- Restrictiun in tion, by the twelfth section of the said Act, cited in the *^^V V^' "^vv. preamble to this Act shall be and the same is by this ter-rate miu Act removed ; and it shall and may be lawful for the fu '^P«8«'d"»»y . , . • tne I. orpora said Corporation, when and so soon as they are pre- tion. pared to supply the said City, or any parts thereof. m I'lO\i> with water, to specify mid declare hy a. Bye-law, that the pvDprietors or occupiers of houses, stores, and similar buildings in the said City, or in such parts thereof as they arc ready to sui)ply as aforesaid, shidl be subject to the annual rate or assessment, payable at the periods to be fixed by the said By-law, to the said Coii^oration, whicli rate or assessment shall not, however, be made i^ayable before the water is ready to be supplied to the proprie- tors or occupiers, by the said Corporation, and shall not exceed one shilling and three pence in the pound on the assessed aimual value of the houses occupied and one half that amount on stores and similar buildings : Provided also that no other or further charge than the said rate or assessment of one shilling and three pence in the pound shall bo made for the supply of the water as aforesaid any thing in the said Act or in this Act the contrary notwithstanding. Mil I Mi-. : All i»n>j)riel<»vs aiidtifcnpunts t(i lit' subject to waUr-iivte. II. And in asmuch as the establishment of the said Water Works will be for the advantage and protection of the said inhabitants generally, and the imposing of a general rate or assessment will render the procure- ment of the loan hereinafter mentioned more easy, and contribute to the reduction of the rate of interest thereon : Be it enacted, that the said rate or assess- ment shall be payable by all such proprietors or oc- cupiers as well by those who consent as by those who refuse to receive into their houses, stores or other buildings the water pipe to provide the same : Pro- vided always, that the expense of introducing the said water into the said houses, store or other buildings shall be borne by the said Corporation and the work per- formed by the same, but the distribution of the said water through the said houses, stores or other build- ings after being introduced into them shall be borne by such proprietors or occupiers if required by them. 95 Sic. I:J rt'iK'tiU'l III. And as it is necessary to substitute other pro- visions in lieu of those contained in the thirteenth sec- tion of the said Act, which authorizes the issuing of Debentures or Corjjoration Bonds : iJc it enacted that the said thirteenth section shall be and the same is liereby repealed ; and it shall and may be lawful fur the said Corporation to borrow a sum of money not exceeding one hundred and tiventy-Jive thousand pounds current money of this Province, for the purpose of es- tablishing the said Water Works, and to issue Deben- tures or Corporation Bonds, to that amount, under the hand of the Mayor and the seal of the said Corpora- tion, payable on the first day of November, in the year of our Lord one thousand eight hundred and seventy, unless the said Corporation shall see fit to redeem the same at an earlier period, with the consent of the holders thereof, upon which Debentures or Corporation Bonds interest shall be payable semi-annually on the first day of November and May in every year, which in- terest may amount to and shall not exceed the rate of seven per centum per annum. Provided always, that all and every the provisions in the said Act contained, relating to the issuing of the Debentures or Corpora- tion Bonds therein mentioned, and the moneys to be obtained by means t'icrcof, shall apply equally to the provisions of this Act and the Debentures or Corpora- tion Bonds herein mentioned and the moneys to be obtained by means thereof, except so far as altered by this Act. IV. And be it enacted. That the said Corporation Spi shall have power to make special agreements with parties interested for the supply of water for any steam engine, baths, breweries, distilleries, manufactories, livery stables, hotels or other special cases. V. And inasmuch as the establishment and manage- ment of so g'eat an undertaking as the said Water Wlmt sum tli<' (.'«iiimnitir.ii luiiv ImiT'ivN uitd oil what foiiditions, >.<• I'l'OVisK. eoiiil iiLCi\'f nieuts with certiiiu puitiis I'l I:, WurkM are iiiconsiuteul with, and the duties oonueoted therewith are too various aiid complicated for a Com- mittee of the said Corporation to perfoiiu and ftirther Manager may provisions are in this behalf necessary ; Be it enacted, t ai)p<) I ( . ^j^^^ .J shall and may be lawful for the said Corpora- tion, by a By-law, to name and appoint a competent person to manage and superintend the construction of the said Water Works who may receive an annual sa- lary not exceeding £300 currency and from time to time to remove the said superintendent and appoint another in his place. n Powers of the Corporation. VI. And bo it enacted, that the said Corporation shall have power, to dispose of the said Debentures or Corporation Boads upon such terms as the .>aid Cor- poration shall find to be most advantageous for the said City ; to enter into contracts for the purchase and acquiring of land and all necessary materials connected with the said works ; to acquire the right of way when necessary; to settle and adjust the amount of land damage, and pay the amount agreed upon for the same ; to contract with the parties who may agree to construct the said works, or any part thereof; to superintend and manage the works when completed ; to appoint an Engineer, and all workmen found necessary; to fix their salaries or wages. • H 'it 1 , |. Compensation how deter- mined if the Corporation and any party cannot agree. VII. And be it enacted. That if any person inte- rested in lands or other property which the said Cor- poration may require or over which a right of way or servitude may be required for the said works, or in lands in relation to which the said Corporation shall order any thing to be done in their opinion necessary tc give effect to the provisions of the said Act, and of this Act, shall not accept a proposal in writing made by them, for compensation for his land or for damages '» t 27 to be occasioned by the Act of the suid Corporation may ag^ee witli such person to refer tlie same to one or more disuitcrestcd persons, the award of whom or of the majority of whom, shall be binding and final in all matters under tivculn-Jice iiounds, and in all matters where the award siiall exceed tivcuhj-fiii' pounds, the award shall be likewise binding and final unless appealed from, by one or both of the parties, by petition to the Court of Quarter Sessions for the Ai)i)eal ifiveii. District of Quebec, at its first sitting after the nuiking and publishing of the award, where at a jury shall be empanelled to decide the amount payable by the said Corporation, as and for compensation for land or da- mages, as the case may be, and if the verdict of the jury shall declare the sum awarded to be sufficient, the appellant shall pay the costs of the appeal, and if, ou the contrarj', the sura awarded shall be declared in- sufficient, the costs shall be payable by the respondent : Provided always, that it shall be lawful for the said Proviso. Cori)oration to take possession of the said lands, or exercise the right of way or servitude, or i)erform the work required so soon as the proposal aforesaid shall be made and the money therein mentioned tendered or paid into Court as hereinafter provided. IX. And be it enacted, Tliat if the said parties cannot Pr«visi()u o . /. 1 /. where UK' agree upon referees or w/Jer/i- lor the purpose alore- Boardamluiis said after the proposal or offer of the said Corporation party caniK»T ,„, ,,7, t., 1^ -1 ni BCTee upon shall be made, (after which, and tender of the money referees. or payment into Court as aforesaid, the said Corpora- tion may enter into possession of the lands required, servitude or right of way as aforesaid or order the thing required to be done as aforesaid) the party dissatisfied with such proposal or offer, may appoint an appraiser or expert and notify the Corporation and require them to name a second appraiser or expert^ and notify the D i INI: 1 iii: 1^ i Referees to report in writ* ing. Proviso ; Appeal given. As to costs. 28 same to him, which it shoU be the duty of the said Cor- poration to do, and in the event of neglect or refusal, after three days notice in writing, from the said party so dissatisfied, or in case the said Corporation shall have named an expert who shall refuse to act within three days' after his appointment shall have been no- tified to him, any ane of the Judges of Her Majesty's Superior Court, residing at the City of Quebec, shall upon the summary petition of the party dissat led, and proof upon the oath of one credible witness, of the refusal or neglect aforesaid, and of the service of t petition upon the said Corporation forthwith appoint an appraiser or expert to act on the behalf of the said Corporation ; and the appraisers or experts appointed as aforesaid, shall estimate the value or compensatioji to be paid by the said Corporation, and shall report the same to them in writing ; and in case of disagreement between the appraisers or experts, they, the said ap- praisers or experts, shall appoint an umpire, or if they cannot agree upon the appointment of an umpire one of the Judges aforesaid shall without loss of time, on the summary petition of the said appraisers or experts, or of the said party dissatisfied, appoint an umpire, and the report of any two of the said appraisers or experts and umpire, shall have equal effect as if the some had been, or were made by the two appraisers or experts, concurrently, and upon the amount of such estimated and reported value or compensation being so esta- blished, the same shall, after due payment, be a good and valid discharge to the said Corporation : Provided always, that if either party be dissatisfied with the said report, an appeal may be made us in the foregoing section of this Act is provided, to the said Court of Quarter Sessions, at its first sitting after the making and publishing of the said Report, when a Jury shall be empanelled as afore said, and in case the Report "I 29 shall be confirmed by the verdict of the Jury, the ap. pellant shall recover costs, and in case of the same being set aside or altered thereby, the respondent shall recover costs, and the costs of the reference to experts shall be likewise borne by the unsuccessful party, when the award shall have been in accordance with the report. Provided always, that the costs may be awarded either by the Jury in cases of appeals, or by the re- ferees, experts or appraisers in cases of reference. X. And as in certain cases it may be doubtful to Provisioc whom the compensation ascertained by the award re- T^^J^ btf 'i*^' ferees, experts or appraisers should be paid, and to who ought tu whom the said Corporation should make their proposal receive the „„,,,,. „ •IP compensation or oiler for land, the right of way or servitude, or lor damage done in the exercise of the powers vested in them by this Act, Bo it enacted, That it shall be lawful for the said Corporation to cause the amount of such compensation to be lodged in the hands of the protho- notary of the said Superior Court sitting at Quebec, to await the distribution of the said Court to the party or among the parties lawfully entitled to such compen- sation or to any part thereof; And the said Court shall prescribe the mode of calling before it all parties in- terested, and make such orders in relation to the same as in its discretion shall seem just. XI. And be it enacted. That it shall be lawful for all Bodies politic, bodies, politic or corporate, tutors, curators, tenants * ^'^^ for life or in substitution, to agree with the said Cor- poration m all the matters aforesaid, in relation to the said Works ; and any contract or agreements, re- ferences, awards or verdicts rendered against or in favour of the said tenants for life or in substitution, tutors and curators shall be equally binding on the parties represented by them or either of them, as if rendered against or in favour of the said parties whom ing for others may convey to the Uoard. 30 they represent as aforesaid, and it shall bo in the power of the suid Corporation to act towards tlic etiid tenants for life, or in subr'iitution, tutors or curators in the same manner and way as if they wore proprietors of the land in relation to which the Corporation deBire to become proprietors, to obtain any right of way or .•♦eniitude, or do any other matter or tiling in fur- * therauco of tho provisions contained in the said Act and in this Act. Public Act. ^^^- ■'^^ ^^ ^^ 'jnactod, That this Act shall^ be deemed to be a Public Act. r; li ii .( fi 1 . i f ,1 ia the c said tors in rictors doeire vay or n fur- id Act lall be 14™ AND 15™ VICTORIA, CAP. CXXXI. An Act further to nmcnd the Acts for supplying the City of (Juebec and parts adjacent tliereto with Water. W HERFiAS the Corpori' tior of the Mat/or and Coun- Prfeainb' hioiirc, Imvo by their peti- tion, represented that further provisions arc nesessary to enable theni properly to carry into effect the Act passed by the Legislative Council and Legislative Assembly in the ninth, and assented to by Her Ma- jesty in the tenth year of Her Reign, and intituled, " An Act for sujtphjiiKj the City of Quebec and parts \q\\cX.c.\\^ " adjacent thereto with watet" and the Act amending the same, passed in the session held in the thirteenth and fourtheenth years of Her Majesty's Reign, and intituled, " An Act ta amend an Act for supplijing the *3 ^ *^ Vict. " City of Qiuhec and parts adjacent thereto with " water, ^^ and have prayed that such provisions be made ; and whereas it is expedient to grant their prayer ; Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and cons- tent of the Legislative Council and of the Legistive As- sembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby Sterling money, &c. and at^any place. 2- . ,,, Sect 19 of 10 enacted by the authority of the same, Tliat the niiie- rewaleU. ' teenth section of the Act first cited in the preamble to this Act be and the same is liereby repealed Debentures *' — And for the removal of all doubts, be it declar- and interest ed and enacted, That the principal and interest of the Mvable in" ^ sums secured by Debentures issued or to be issued by the Corpomtion of the Mayor and Councillors of the CiUj of Quebec, under the authority of the Act se- condly cited in the Preamble to this Act, may be made payable to the bearer thereof, and either within this Province, or at any place or places without this Province, and either in currency of this Province or in sterling money, or in the currency of the place where the same may be respectively made payable provided the total amount of the principal secured by such Debentures do not exceed the sum of One huH' dted and tw«nty-Jive thousand pounds currency, reckon- ing all sums payable in other than provincial currency Form of de- ^^ ^^® P^^ of exchange ; and all such Debentures may bentures and be in the form of the Shedule A to this Act, or in any totPONs. Qtlier fprw not inconsistent with the said Acts as amend- ed by this Act, and may have coupons thereunto .*^t.> » . annexed for the half-yearly interest therfion, which "' coupons being signed by the Mayor or Treasurer of the Corporation, shallbe respectively paya ble to the bearer ^hey^of, when the hajf-yearly interest therein men- tioned becomes due, and shall, on ^)ayment thereof, be delivered up to the Corporation, (ind the possession of any such coupon by the Corporation shall be prima favie evi(Je9ce that the half years interest therein men- tioned 1^ been paid according to the tenor of such Pebenture : and all th^ provisions of this Section shall apply as well to the Debentures heretofore issued as tp those to be issued after the passing of this Act ; and all ^iK^ Pebeotiu^e^i aud a;s well the interest as the prin- l. t «ipal thereof, are and shall be secured on the general Funds of the said Corporation, as well ns by the special privilege on the Water Works, mentioned in the fifteenth section of the Act first above cited. c. 1 13. 3. — And be it enacted, That it shall be lawful for Corporation the said Corporation, if they shall think fit, to renounce may renounce with regard to any such debentures (whether issued ^},g^^j,y^^" before or after the passing of this Act) the benefit of 21 of 10 Vict the twenty first section of the Act first cited in the preamble to this Act, empowering the Corporation to call in debentures at any time prior to the date at which the same may be made payable, and such re- nunciation being expressed in the body of any deben- ture, or written thereupon, after the issuing thereof, and signed by the Mayor, shall prevent the said Sec- tion from applying to such debenture. 4. — And be it enacted. That for and notwithstand- ing anything in the said Acts, or either of them, it shall be lawful for the said Corporation, at any time after the passing of this Act, to specify and declare, by a by-law, thsit the proprietors or occupiers of houses stores, and similar buildings, in the said City, shall be subject to the annual rate oi" assessment, payable at the periods to be fixed by such by-law, to the said Corporation ; but such rate or assessment shall not be payable by the proprietor or proprietors occupier or occupiers of any such house, store, or building in the said City, until after the said Corporation shall have notified him or them that they are prepared and ready to supply such house, store or building, with water, under the provisions of the said Acts ; and if from the lime of such notification to the next period appointed for ^he payment of such rate or assessment there shall be any broken period, then such rate or assesment shall be Coiporation may at any time pass By- laws imposing a Water-rate, but it sball not be payable until tliey are are ready to supply the Water. -f. . Mj payable pro ratd for such broken period, as if accruing day by day; hut the rate per annum ihall not exceed that limited by the Act secondly cited in the preamble to this Act. Limitation of ^- — Provided always, and bo it declared and enact- rate declared ed, That the limitation of the said rate or assessment nc ^rtain'Vue- ^^^^ ^^^^ ^^^ shall not extend to the cases mentionncd cial cases in the fourth section of the Act secondly cited in the Ta^&'u^Vict! Preamble to this Act, but that it shall always be law- c. 100. ful for the said Corporation to notify the proprietor or occupier of any brewery, distillery, manufactory, livery stable or hotel, or of any building or premises in which a steam engine is used, or in which for any reason they shall think that a more than ordinary consump- tion of water will take place, that they will not supply the same with water at the rate so limited as afore- said, and in any such case the proprietor or occupier shall not be liable to the said rate or assessment, but I it shall be lawful for the Corporation to agree with v • such proprietor or occupier as to the rate at which they will supply such house or premises with water and any memomndum in writting of such agreement shall be valid and binding upon the Corporation and the party, and the rate thereby agreed upon shall be recoverable in the same manner and with the same privileges for enforcing payment of the same, as the rate limited by the said Act ; but except under such agreement as aforesaid no person shall be compelled to pay a higher rate than that limited by the said Act. .a ■>Hi^ Corporation 6. — And be it enacted, That for the purposes of this mav search for ^(jt j^^jj ^f the Acts hereinbefore cittl, the said Cor- and take ma- . , . , . terials for poration, their deputies, servants, agents and workmen. Water- works, gj^j^jj j^.^yg £^^\i power and authority to enter, in the raakinfi^ com- , « i r , • „ pensation for day time, for the purpose of searching for materials actual dam- foj. the works they are authorizeAl to construct, or for age. accruing t exceed ireamble id enact- scssmeut ntionned 'd in the be law- rietor or y, livery in which f reason ;onsnmp- »t supply IS afore- occupier lent, but ree with t which h water greement tion and shall be he same !, as the let such ompelled aid Act. !s of this aid Cor- /orkmen, r, in the materials it, or for Ill 1 any purpose relating thereto, into and upon the lands of any person body politic or corporate, or other party whomsoever, doing no actual damage ; and also to bore, dig, cut, blast, get, remove, take, carry away and luy, earth, stone, soil, rubbish, trees, roots, beds of gravel, sand or other material or thing, out of, from or upon any such lands, for the purposes aforesaid, paying or tendering compensation for the damages actually done by the said Corporation, in the manner provided by the Acts aforesaid, with regard to the compensation to be made by the said Corporation for land taken or damages done in the exercise of the powers thereby vested in them. . ■ ; • -• SCHEDULE A. '■(-.',•., {Form of a Debenture.) . / fiv,. .-; Certificate JVo. LOAN. Interest at per cent FOR SUPPLYING THE CITY OF QUEBEC WITH WATER. Secured by Acts of the Parliament of Canada, upon the general funds of the Corporation of the City of Quebec, and by especial privilege upon the Water Works and their revenue. f 10 Vict., cap. 113, sett. 14. 15, 16. 1 13 and 14 Vict, cap. 100, sect. 3. We the Mayor and Councillors of the City of Quebec certify that under the authority of an Act of the Parlia- ment of Canada, passed in the tenth year of Her Ma^ js- ty's Reign, intituled, " An Act for supplying the City " of Quebec and parts adjacent thereto with water,^* and of another Act passed in the thirteenth and four- teenth years of Her ISIajesty's Reign, intituled, " jJn " Act to amend an Act for supplying the City of Quebec " and parts adjacent thereto with water .•" and of i > 4? another Act passed in thefourtheenth and fifteenth yean of Her Majesty's Reign intituled : " An Act further to " amend the Acts/or stipphjing the City of Quebec and " parts adjacent thereto with water ;" there has been borrowed and received from the sum of poimds currency, (or sterling as the case may be, or state the sum in the currency of the country in which it is to be paid,) bearing interest from the date hereof, (or, fts //«<• cflsjf maj, be,) at the rate of per "ent per annum, payable semi- annually, on the first day of November and May, (or, as the case may be,) in every year, on presen- tatio" of the coupons for the same signed by the Mayor upon the margin of this Debenture, and reimbursable on the first day of November, one thousand eight hundred and to the said or the bearer hereof. 'i i '; 1 M ? Sealed with our seal, and signed by the Mayor of the said City, this day of one thousand eight hundred and , N. B., Mayor. Attested. _ -, , -. >: • ■ ,- E.F., ' '" ;.,", , , i^ . ,_„'" ■ City Clerk. ;.. ,,. . , , ' I >'■- '/If- r '. ■ ,> I Coupon No. {Form of a Coupon.) Quebec, 1st Nov. 1850, ) {or as the case may be. i Half-yearly interest on Watek Works Debenture, No. for "*' - pounds (or '. l^'^'A ■•.">• Ill^^'v Mayor. J-J!, !' !• Quebec :— Printed by Bvhbav ds Marcottb.