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CITY OF HAMILTON. 
 
 
 '0 j/ajr ft»TR t^ »f«' 
 
 l{>[A /f-' (riM 'Iff i 
 
 :■! -;o:i>0 -n' A BY-LAW, 
 
 ' REIATING TO 
 
 WATER WORKS FOR THE CITY OF HAMILTON. 
 
 
 Imas, 
 
 BY AN ACT PASSED BY THE 
 
 PROVINCIAL PARLIAMENT of CANADA, in the 
 
 Sessions held in the nineteenth and twentieth years of 
 the reign of Her present Majesty, entituled " An Act 
 to enable the City of Hamilton to construct "Water 
 Works, to provide means for defraying the expenses 
 thereof." It is among other things enacted, that the 
 said Act should not have any force or effect until the 
 Mayor, Aldermen, and Commonalty of the City of Ha- 
 milton should pass a By-Law, authorising the construc- 
 tion of the said Water Works, and on the said By>Law 
 bering passed, it should be lawful for the Mayor of the 
 said City, and he is thereby authorized, and required 
 to issue his warrant to the Returning Officer for each 
 Ward in the said City for the then next preceding 
 Election for Aldermen and Councillors, requiring the 
 said returning officer to proceed to the election of one 
 Water Commissioner for each Ward in the said City, 
 in the same manner, in all respects, and giving the same 
 notices as are now required in case of Municipal Elec- 
 tions in the said City, and all persons authorized to vote 
 
2 -jr^j) . 
 
 a9 sufeh election for Aldeimen and Councillors shall be 
 entitled to vote for the said Water Commissioner for 
 his Ward, and not other w^iae. 
 
 Be it therefore enacted, and it js hereby enacted by 
 the Mayor, Aldermen and Commonalty of the City of 
 Hamilton, that Water Works for supplying the Inha- 
 bitants of the said City of Hamilton with water for all 
 private and public pai*pose8, shall be, and the same in 
 pursuance of the powers and directions of the said re- 
 cited Act are hereby authorized to be constructed, and 
 the Mayor of the said City is hereby authorized and 
 required within ten days from the passing of this By- 
 Law, to issue his warrant to the Returning OfiScer for 
 each Ward in the said City, requiiing him to proceed 
 to the election cf a Water Commissioner for his Ward, 
 as directed by the said Act. 
 
 ^Tj 
 
 [ Passed, August 4th, 1856. ] 
 
 IJ\ 
 
 ■ « " ■ 
 
 J : !> . 
 
 4. 
 
 'lini i>: 
 
 
,.-,••4 
 
 iiU 
 
 ANNO DECIMO NONO ET VECISIMO. 
 
 VICTORIJE REGIN^. 
 
 An Act for the oonstniotion of Water Works in the 
 Oity of HamUUm. 
 
 Received Royal Assent, 19th June, 1856. 
 
 292^^ Seesiouj 5th Pcvrliammt^ 1856. 
 
 / 
 
 «5 
 
 CAP. LXIV. 
 
 PreambU, 
 
 I. Board of Water Commissioners constituted. 
 
 II. Their duties. 
 
 III. Power to employ Engineers, Surveyors, Ac. 
 
 IV. Power to enter upon lands, within 20 miles of Hamilton, and to appro- 
 
 priate as much as may be required, and to divert water-springs, 
 making compensation therefor. Provisions for arbitration in case 
 of disagreement as to amount of compensation. 
 
 V. Lands and Water so appropriated to be vested in the Corporation of 
 Hamilton, with power to construct reservoirs and water-works 
 thereon. Power to lay down pipes through intermediate lands, 
 and through streets, roads, Ac. Ko house, garden or orchard, to 
 be taken without consent of owner. 
 
 <# es^/y^ 
 
 'C</ 
 
 VI. Punishment of persons maliciously hindering the operations of the v" (i(,.ri ,/hC^^ 
 
 Company. 
 
 cj»i^. «ri 
 
 VII. Materials procured under contract with the Commissioners to be ex- 
 empt from execution. Commissioners to pay the moneys due for 
 the same to the judgment creditor. 
 
 VIII. (jommissioners and their clerks to be sworn : to keep books of their / \ ■/ 
 
 accounts, and records of their proceedingB — to be examined by ■'X/LC <'La((Ji^ 
 
 the 
 poration. 
 
 Corporation. Semi-annual Reports to be made to the Cor- /^j . ,; ,/ / 
 
 ^tion. /y/a ^^'^ '^"^^ 
 
 IX. Commisaioners to regulate the distribution and price of the water. J ^/Z j 
 
 The hydrant!, Ac, for the extinguishment of fires, to be under the w!^ (^iCU^l^i£^ 
 
 control of the Corporation. £^ y^ * g 
 
^ 
 
 X. Water ratea to be collected in the same manner as taxes on real estate. 
 
 XT. A majority of the Commissioners to be a quorum. Engagements and 
 acts of the Commissioners to be obligatory on the Corporation. 
 
 XII. Commissioners may proaeente or defend aotions in their corporate name. 
 No vacancy or ohanga in the Board to affect any such action. 
 
 XIII. They and their officers to be protected in the execution of their duties, 
 
 in like manner as justices of the peace. 
 
 XIV. Corporation may raise £300,000 by loan, for the purposes of this Act. 
 
 Debentures for 20 years may be issued therefor. 
 
 4- 
 
 XV. The water-works and land pertaining thereto to be mortgaged for the 
 . aboreloan. 
 
 XYT. Moneys accruing from such debentures to be lodged in a Bank, and to 
 be withdrawn only for the purposes of this Act 
 
 XVII. Act not to take effect until a By-law shall liave been passed by the 
 
 Corporation. The Mayor thereupon to issue his warrant for 
 election of a Water Commissioner for each Ward, in the same 
 manner as for munloipal elections. 
 
 XVIII. Term of office regulated. 
 
 XIX. One Water Commissioner to be elected each year, to perve for five 
 
 years. Vacancies to be filled up by tlie Corporation. 
 
 ,1 
 
 XX. Commissioners to be paid by the Corporation. 
 PCXI. Public Act. 
 
 ..Vf.. 
 
 i.i .liJ.' 
 
 r'M;'t .! / 
 
 \ 
 
 -^ H 
 
^i<jKt 
 
 ANNO DECIMO-NONO. 
 
 VICTOR I iE REGINJE. 
 
 ,•#' '.^*» 
 
 \« 
 
 CAP. LXIV. 
 
 An Act for the constrnction of Water Works in the City 
 . of Hamilton. 
 
 i {^Aannted to \^th June, 1856.] 
 
 WHEREAS the construction of Water Works and 
 a supply of water would conduce to the health 
 and comfort of the inhabitants of the City of Hamilton : 
 Therefore, Her Majesty, by and with the advice and 
 consent of the Legislative Council and Assembly of 
 Canada, enacts as follows : 
 
 I. The persons hereafter to be elected in the man- 
 ner provided for in this Act, and their successors, shall 
 constitute a Board, to be called and known as the 
 Water Commissionei's for the City of Hamilton. 
 
 n. It shall be the duty of the said Commissioners to 
 examine, consider and decide upon all m'^^/^ters relative 
 to supplying the said City of Hamilton wicl; a sufficient 
 quantity of pure and wholesome water for the use of 
 its inhabitants, and the amount of money necessary to 
 effect that object. ^ 
 
 HI. The said Commissioners shall have power to 
 employ engineers, surveyors and such other peraons as 
 in their opinion may be necessary to enable them to 
 fulfil their duties under this Act. 
 
 IV, It shall and may be lawful for the said commis- 
 sioners, their agents, servants and workmen, from time 
 to time, and at such times hereafter as they shall see 
 fit, and they are hereby authorized and empowered to 
 enter into and upon the lands of any person or persons, 
 bodies politic or corporate, in the City of Hamilton, or 
 within twenty miles of the said city, and to sui'vey, set 
 

 
 I 
 
 out and ascertain such pai'ts thereof as they may re- 
 quire for the purpose of the said Water Works, and 
 also to divert and appropriate any spring or stream of 
 water thereon, as they shall judge suitable and proper, 
 and to contract with the ownera or occupiers of tne 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 be required for the purposes 
 of the said Commissioners ; and in case of any disagree- 
 ment between the said Commissioners and the owners 
 or occupiera of such lands, or any persons having an in- 
 terest in the said water or the natural flow thereof, or 
 any such privilege as aforesaid, respecting the amount of 
 purchase or value thereof, or as to the damages such ap- 
 propriation shall caOse to them 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 such lands or water privilege may be mortgaged 
 or pledged to any person or persons, 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 Commis- 
 sionere shall pay to the respective persons entitled to 
 receive the same, the award 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 ap- 
 pointed by the said Commissioners, after eight days' 
 notice given for that purpose by the said Commissioners, 
 then and there to arbitrate and award, adjudge and de- 
 termine such matters and things as shall be submitted 
 to their consideration by the parties interested ; and each 
 arbitrator shall be sworn before some one of Her Majes- 
 ty's Justices of the peace, in and for the said County of 
 Wentworth, or the said city, any of whom may be re- 
 quired to attend the said meeting for that purpose,well 
 and truly to assess the value or damages between the 
 parties, to the best of his judgment : Provided always, 
 that any award under this Act shall be subject to be 
 set aside on application to the Court of Queen's Bench, 
 in the same manner and on the same grounds as in ordi- 
 nary cases of arbitration, in which case a reference may 
 be again made to arbitration as hereinbefore provided; 
 and that any sum so awarded shall be paid within three 
 
 :l 
 
■\it 
 
 months -from the date of award, or determination of 
 any motion to annul the same, and in default of such 
 
 Eayment the propri'^tor may resume the possession of 
 is property, and all his rignts shall thereupon revive ; 
 and the award of a majority of the said arbitrators shall 
 be binding on all parties concerned, subject as afore- 
 said. 
 
 V. The lauds and water which shall be ascertained, 
 set out, or appropriated by tlie said Commissioners for 
 the purposes thereof as aforesaid, shall thereupon and 
 forever thereafter be vested in the Mayor, Aldermen 
 and Commonalty of the City of Hamilton, and their 
 successoi's, and it shall and may be lawful for the said 
 Commissioners, and their successors, to construct, erect 
 and maintain upon the said lands all such reservoirs, 
 water works and machinery requisite for the said un- 
 dertaking, and to convey the waters thereto and there- 
 from, in, upon, or througii any of the grounds and lands 
 lying iutermediate between the said reservoirs and 
 water works, and the springs, streams rivers or lakes, 
 from which the same are procuied, and the said City of 
 Hamilton, by one or more lines of pipes, as may from 
 time to time bo found necessary ; and for the better 
 effecting the purposes aforesaid, the said Commissioners, 
 their successors and servants are hereby empowered to 
 enter and pass upon and over the said grounds and lands 
 intermediate as aforesaid, and the same to cut and dig 
 up if necessary, and to lay down the said pipes through 
 the same, and upon, over, under, and through the high- 
 ways railroads, and roads of and in the townships of the 
 County of Wentworth, and through the public ways, 
 streets, lanes or other passages of the said City of Ham- 
 ilton, and in, upon, through, or under the lands, grounds, 
 and premises of any person or persons, bodies corporate, 
 politic or collegiate whatsoever, and to set out, ascer- 
 tain, use and occupy such part or parts thereof as they 
 the said Commissioners or theii' successors shall think 
 necessary and proper, for the making and maintaining 
 of the said works, or for taking up, removing, altering 
 or repairing the same, and for distributing water to the 
 inhabitants of the City of Hamilton, or for the uses of 
 the Corporation of the said City, or of the proprietors 
 or occupiers of the lands through or near which the 
 same may pass, and for this purpose to sink and lay 
 down pipes trunks, reservoii-e, and other conveniences, 
 and from time to time to alter all, or any of the said 
 
8 
 
 works 08 well in the positiou ub in the constiniction 
 thereof^ as to the said Commissioners or their saccessors 
 shall seem meet, doing as little damage as may be in 
 the execution of the powers hereby granted to them, 
 and making reasonable and adequate satisfaction to the 
 proprietors, to be ascertained in case of disagreement by 
 arbitration as aforesaid : Provided always, that nothing 
 herein contained shall hn construed to authorize the 
 said Commissioners or any person acting under their 
 authority to take for the purposes of the said works, 
 any house, garden or orcliard, without the consent of 
 the owner. 
 
 VI. If any person shall wilfully or maliciously hinder 
 or interrupt or cause or procure to be hindered or inter- 
 rupted, the said Commissioneis or their managers, con- 
 tractors, servants, agents or workmen, or any of them, 
 in the exercise of any of the powers and authorities in 
 this Act, authorized and contained, or if any person 
 shall wilfully or maliciously let off or dischwge any 
 water so that the same shall run waste or useless out of 
 the said works, or if any person shall thtow or deposit 
 any thing or noisome or offensive matter into the said 
 water or water works, or in any way foul the same or 
 commit any wilful damage or injury to the works, pipes, 
 or water, or encourage the same to be done, every per- 
 son offending in any of the cases aforesaid shall, besides 
 being subject to an action at law for the damages done 
 thereby, be held guilty of a misdemeanor, and upon 
 conviction thereof before any of the Courts of Orimmal 
 Jurisdiction in the County of Wentworth, or a Magis- 
 trate of the said County or City, shall be punished by 
 the said Court, by fine and imprisonment or either, at 
 the discretion of the Court as in other misdemeanors at 
 Common Law or by summary conviction. 
 
 VII. All materials procured or partially procured 
 under contract with the Commissioners, shall be exempt 
 from execution, but it shall be the duty of the Commis- 
 sioners to pay the moneys due to such contractor for 
 such materials to the judgment creditor of the contrac- 
 tor under whose execution such materials ought other 
 wise to have been sold, upon his producing to them due 
 proof that his execution would have so attached, and 
 such payment shall be held as valid payment on the 
 contract. 
 
 VIII. The Commissioners shall keep regular books 
 of account and books for recording the whole of their 
 
 
official proceeding, and the said Commissioners and the 
 Clerks exployed m their service shall be sworn to the 
 faithfal performance of their duties, and all such books 
 shall be open to the examination of any peraon or per- 
 sons appomtod for that purpose by the Mayor, Alder- 
 men and Commonalty of the City of Hamilton : The 
 Commissioners shall also, on the thirtieth day of June, 
 and the thirty-first day of December in each and every 
 year, make a report to the said the Mayor, Aldermen 
 and Commonalty of the City of Hamilton, of the con- 
 dition of the works under their charge, accompanied by 
 a statement of their receipts and expenditures on account 
 of the same. 
 
 IX. The Board of Commissionei-s for the time being, 
 shall regulate the distribution and use of the water m 
 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 public hydrants and in such places 
 as they shall see fit, and direct in what manner and for 
 what purposes the ^arae shall be used, all which they 
 may change at their discretion : Provided always, that 
 all hydrants, conduits, or other appliances required and 
 furnished for the purpose of extinguishment of fires 
 shall be placed as tlie Mayor, Aldermen and Common- 
 alty of the City of Hamilton shall direct, and shall be 
 under their exclusive control 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 for the use of the 
 water by such occupier, and such price or rent so fixed 
 shall be a 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 Commissioners. -,*... .i-u i^i ^,i,i. 
 
 XI. A majority of the said Commissionei'S shall con- 
 stitute a quorum for the transaction of any business al- 
 lowed or required by the powers or duties of their 
 commission, and all contracts and engagements, acts and 
 doings of the said Commissioners within the scope of 
 their duty or authority, shall be obligatory upon and 
 be in law considered as done by the Mayor, Aldermen 
 and Commonalty of the City of HamiltoniH ■- 
 
 XII. The said Commissioners may prosecute or de- 
 fend any actions or process at Law or in Equity by the 
 
10 
 
 name of the " Water CommiBsioners of the City of 
 Hamilton," against any pei'son or persons for money dne 
 for the use of the water, for the breach of any contract 
 express or implied touching the execution or manage- 
 ment of the works or the distribution of the water, or 
 of 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 any 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 consid- 
 ered from the time of the organization of the Board as 
 a Corporation. 
 
 XIII. The Commissioners and their officers shall 
 have the like protection in the exercise of their respec- 
 tive offices and in the execution of their duties, as 
 Justices of the Peace now have under the Laws of this 
 Province. ,?., ,, ■,'■. !-./- . :.,nri!. .■ '^r 
 
 XIV. For the pm-pose of constructing the said Water 
 Works, and paying the expenses attended thereon, it 
 shall and may be lawful to and for the Mayor, Alder- 
 men and Commonalty of the City of Hamilton, and 
 they are hereby required, from time to time, as the 
 amounts may be required by the said Commissioners, 
 to raise by loan upon the credit of the Debentures here- 
 inafter mentioned, from any person or persons, body or 
 bodies corporate, either in this Province, in Great 
 Britain or elsewhere, who may be willing to lend the 
 same, a sum of money not exceeding the sum of three 
 hundred thousand pounds of lawful money of Canada, 
 and for the Mayor of the said City of Hamilton for the 
 time being, to cause to be issued Debentures or Bonds 
 of the said City under the Corporation Seal, signed by 
 the .' ay or, ana countersigned by the Chamberlain of 
 the said City for the time being, in such sums not ex- 
 ceeding, in the whole, the said sum of three hundred 
 thousand pounds authorized, to be borrowed under this 
 Act, as the Commissioners shall direct and appoint, and 
 the principal sum secured by the said Debentuj^s shall 
 be payable within twenty years from the issuing 
 thereof, and the interest accrumg thereon shall be made 
 
 I s 
 
u 
 
 payable eemi-annually, either in sterling or in currency 
 in this Province, in Great Britain or elsewhere, as the 
 9aid Council shall deem expedient or necessary. 
 r- XV. The said Water Works to be erected and con- • 
 structed under this Act, and also the Land to be acquir- 
 ed for the purposes thereof, and every matter and thin^ 
 therewith connected, shall be and they are hereby speci- 
 ally charged, pledged, mortgaged and hypothecated for 
 the re-payment of any sum or sums which may be bor- 
 rowed by the said Corporation for the purposes of this 
 Act, as well as for the due and punctual payment of the 
 interest thereupon, and all, each and every of the hold- 
 era of the Debentures in the last previous section 
 mentioned, shall have a concurrent pledge, mortgage, 
 hypothec or privilege on the said Water Works and 
 property appertaining thereto, for securing the payment 
 of the said Debentures and the interest theiv on. 
 
 XVI. The funds derived from the negociation of the 
 Debentures to be issued under this Act, shall, when re- 
 ceived, be deposited by the said Commissioners for the 
 time being, in some one or more of the chartered Banks 
 of this Province, on such conditions as the said Commis- 
 sioners shall, from time to time, agree upon, and only 
 be withdrawn therefrom as they may, from time to 
 time, be required, for the payment and discharge of the 
 liabilities that may be incurred in carrying out the im- 
 provements contemplated by this Act, and every check 
 for the withdrawal of any moneys shall be signed by 
 the Chainnan of the said Commissioners and also by 
 the Mayor of the said city for the time Ix ing, 
 
 XVII. This Act shall not have any force or effect 
 until the Mayor, Aldermen and Commonalty of the 
 City of Hamilton shall pass a By-Law authorizing th(d 
 construction of the said Water Works, and on the said 
 By-law being passed, it shall be lawful for the Mayor of 
 the said City, and he ib hereby authorized and required 
 to issue his warrant to the Returning Officer for each 
 Ward in the said City for the then next preceding 
 election for Aldermen and Councillors, requiring the 
 said Returning Officer to proceed to the election of one 
 Water Commissioner for each Ward in the said City, in 
 the same manner in all respects, and giving the same 
 notices as are now required in case of Municipal Elec- 
 tions in the said City, and all persons authorized to 
 vote at such Election for Aldermen and Councillors, 
 shall be entitled to vote for the said Water Commis- 
 sioner for his Ward, and not otherwise. 
 
Hi" 
 
 IS 
 
 XVIII. The said Water Commissioners shall, at their 
 first Meeting after their Election, detennine by lot or 
 otherwise the terms during which they shall respective- 
 ly h Id their offices, and these shall be as follows : one 
 
 'of them shall remain in office one year, one two years, 
 one three years, one fonr years, and one five years, all 
 to be computed from the first Monday in the month of 
 January next preceding. 
 
 XIX. At the Municipal Election to be held in the 
 said City ih each year after the special Elections here- 
 iabefore authorized to be held for the Election of the 
 said Wate^r Commissioners, there shall be elected in the 
 same manner as the Aldermen and Councillors are 
 elected, and by the persons now authorized to vote at 
 such Election, one i ommi^sioner for the Ward in which 
 a vacancy has occurred by the retirement of the Com- 
 missioner, whose term of office has expired, who shall 
 hold his office for five years next ensuing such election ; 
 and any vacancies that shall occur in the said Commis- 
 sion by death, resignation or otherwise, shall be filled 
 by a person to be named by the Mayor, Aldermen and 
 Commonalty of the City of B'amilton, but the person or 
 persons so appointed to fill such vacancy shall hold his 
 or their offices only for the ^'esidue of the term for 
 which he or they may be app jinted. 
 
 XX. The Chairman of the said Commissionens and 
 the said Commissioners shall be paid for their services 
 as the May 01', Aldermen and Commonalty of the City 
 of Hamilton shall annually fix, and shall also be paid 
 all reasonable travelling expenses incurred while em- 
 ployed upon or about the works. 
 
 XXI. This Act shall be deemed and taken as a Pub- 
 
 lic Act. 
 
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 PRINTED AT THK -.SPECTATOR" STEAM PRESS. HAMILTON. 
 
 
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