3. During the currency of the said indebtedness there shall be raised annually by special general rate on all rateable property in the city at the same time and in the same manner as the ordinary general city taxes, a sufficient sum to meet the amount of the equal annual instalment or the amount of the equal annual sinking fund and interest as the case may be payable in each year in respect of the said indebtedness.

4. This by-law shall take effect on the final passing thereof.

5. The votes of the burgesses for and against this by-law shall be taken at the council chamber in the city hall in the City of Edmonton on Friday, the 5th day of October, 1906, between 9 a.m. and 5 p.m.

6. James Alexander McLean is hereby appointed returning officer and James Burns Walker, deputy returning officer, to take the votes at the time and place aforesaid.

7. The said council chamber at the hour of 11 a.m. of Thursday the 4th day of October, 1906, is hereby fixed as the time when and the place where the mayor will be present and make all such proper appointments as he may be requested to make of persons to attend at the polling place and at the final summing up of the votes by the said returning officer on behalf of the persons interested in promoting or opposing the passing of the by-law.

8. The said council chamber at the hour of 5.30 p.m. of the 5th day of October, 1906, is hereby fixed as the place and the time where and when the returning officer will sum up the number of the votes given for and against the by-law.

Passed provisionally in Council, this 7th day of September, A.D. 1906.

CHAS. MAY,
Mayor.

GEO. J. KINNAIRD,
Secretary-Treasurer.

Finally passed in Council, this 12th day of October, 1906.

CHAS. MAY,
Mayor.

GEO. J. KINNAIRD,

Secretary-Treasurer.

1907

CHAPTER 37.

An Act to Amend Ordinance No. 43 of the Ordinances of the North-West Territories, 1901, intituled "An Ordinance to Incorporate the Town of Cardston."

(Assented to March 15, 1907.)

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts

as follows:

1. The town shall have power to construct, build, purchase, drill, explore for, improve, extend, hold, maintain, manage and conduct waterworks, telephone systems, street railways or tramways, irrigation ditches, sewers (either storm or sanitary), gas (including natural gas), electric or any other artificial light or heat or power either in connection with gas or otherwise; and all buildings, machinery, and appurtenances necessary in connection therewith.

(2) The town may sell, lease or dispose of all fittings, machines, apparatus, meters or other things used in connection with any public utility carried on by it, together with every product, refuse or residue resulting from the conduct of any such business.

(3) The town shall have power to enter upon or purchase such lands or buildings as may be deemed necessary or advantageous for the purposes aforesaid.

2. The town shall have power to employ such commissioners of public works, engineers, surveyors, and other persons as may from time to time in the opinion of the council be necessary or expedient to enable the powers of the town to be properly exercised.

3. The council may from time to time make and enforce by-laws, rules and regulations for the general maintenance or management or conduct of any public works constructed or maintained under this Act; and of the officers or others employed in connection with them, and for the collection of the rates and charges for the supplying of water, whether by waterworks or irrigation ditches, telephone, street railways or tramways, gas or electricity or other means of providing light or power hereunder; and for the rent of fittings, machines, apparatus, meters or other things leased to con

sumers, and for fixing such rates, charges and rents and the times and place where the same shall be payable, and may allow such discount as they may deem expedient for prepayment or punctual payment.

(2) And for enforcing payment of such rates, charges or rents by action in any court of competent jurisdiction, or by shutting off the water, gas or electricity, disconnecting or discontinuing the service, or by distress or sale of the goods and chattels of the person owing such rates, charges or rents wherever the same may be found in the town, such distress and sale to be conducted in the same manner as sales are conducted for arrears of taxes, and the costs chargeable shall be those payable under the Ordinance respecting distress for rent and extra-judicial seizures; but an attempt to collect the rates or rents by any such process shall not in any way invalidate any lien which the town is entitled to upon the premises in respect of which the indebtedness has been incurred.

4. Any official authorized by the town for that purpose shall have free access at proper hours of the day and upon reasonable notice given and request made, or in the case of the written authority of the mayor given in respect of the special case without notice to all parts of every building or other premises in which water, gas or electricity is delivered and consumed, or which is served by a sewer, for the purpose of inspecting or repairing as aforesaid or for placing meters upon any service pipe or connection within or without any house or building as may be deemed expedient; and for this purpose or for the purpose of protecting or regulating the use of any such meter may set or alter the position of the same. or of any pipe, connection or tap; and may fix the price to be paid for the use of such meter and the times when and the manner in which the same shall be payable and may also charge for and recover the expenses of such alterations; and such price and expense of such alterations may be collected in the same manner as the water rates.

5. Where any consumer discontinues the use of water, telephone, gas or any other utility furnished by the town under this Act, or the town lawfully refuses to continue any longer to supply the same, the officers and servants of the town may at all reasonable times enter the premises in or upon which such consumer was supplied with water, gas or other means of providing light or heat or power for the purpose of removing therefrom any fittings, machines, apparatus, meters, pipes or other things being the property of the town, in or upon such premises and may remove the same therefrom, doing no unnecessary damage.

6. The town, its engineers, servants and workmen from time to time and at such times as the town shall see fit, may

enter into and upon, take or use the land of any person, bodies politic or corporate, in the town or within ten miles thereof, and may survey,set out and ascertain such parts thereof as are required for the purposes of waterworks, gas, telephones, sewers, electric light or power or any other public works which it is under this Act empowered to construct or operate and may contract with the owners or occupants of the said land and any person having a right or interest therein for the purchase or renting thereof, or of any part thereof, or of any privilege that may be required for the purpose of any such waterworks, or other works at the option of the town.

7. The town may construct, erect and maintain in and upon any land acquired under the provisions of this Act all reservoirs, waterworks, gasworks, or wells and shafts, dams, buildings, machinery or other things necessary or requisite for the undertakings authorized under this Act, and for conveying water, gas, electricity or power through the same by such lines of pipes, ditches, poles or wires as may from time to time be found necessary or expedient.

8. The town and its servants under its authority may for the said purposes enter and pass upon or over any such lands and the same may cut and dig up, if necessary, and may lay down pipes, excavate ditches, erect poles and wires through the same and in, upon, through, over and under the highways, streets, lanes, roads, squares, bridges, or other passages, whether the same be within the town or not, and for such purposes may break up, dig and trench the same, and for the purpose of taking up, examining or keeping in repair and otherwise maintaining any public works, may exercise the same power, and any power given to the town under this section covering lands vested in the town as may with the consent of the owner thereof be exercised in regard to private property.

(2) All lands not being the property of the town and all highways, streets, lanes, roads, squares, bridges, or other passages so dug up or interfered with shall be restored to their original condition without unnecessary delay.

(3) The town may enter upon, set out, ascertain, purchase, use and occupy such parts of the said land as the said town may think necessary and proper for the making and maintaining of the said works, or for the opening of new streets required for the same, and for the purchasing of said land required for the protection and improvement of the said works or for the taking up, moving, altering or repairing the same, and for enabling the same to be used by the inhabitants of the community or the town or for the proprietors or occupants of the land through or near which the same may pass.

9. For the purpose of any such public work the town may sink and lay down pipes, wells, tanks, reservoirs, and erect

poles, wires and buildings and other conveniences and may from time to time alter all or any of the said works as well in the position as in the construction thereof as they may deem advisable.

10. All works, wells, pipes, poles, erections and machinery requisite for any public work shall be vested in and be the property of the town.

11. Service pipes which may be required shall be constructed and laid down up to the outer line of the curb, which for the purpose of this Act shall be taken to be a line parallel with and perpendicularly distant ten feet from the outer line of the street, by the town, and the town shall be solely responsible for keeping the same in repair, but connections between private property and sewers shall be made by the town on payment by the owner of the charges therefor to the said curb at a point to be designated by the owner, and the owner shall be solely responsible for the repair thereof.

(2) In cases where vacant space intervenes between the curb and the wall of the building of other place into which the water is to be taken or with which the sewer is to be connected, the town may with the consent of the owner lay the service pipe or sewer connections across such vacant space and charge the cost thereof to the owner of the premises or the owner himself may lay service pipes or sewer connections, provided that the same is done to the satisfaction of the town or person appointed by it in that behalf.

(3) The expense incidental to the laying and repairing as hereinafter provided of the service pipes or sewers, if laid or repaired by the town (except the laying or repairing of the service pipes from the main pipe to the curb as aforesaid, which shall be borne solely by the town) or of superintending the laying or repairing of the same if laid or repaired by any other person, shall be payable by the owner on demand to the town, or if not paid may be collected forthwith in the same manner as water rates:

Provided that in no case shall the expense of superintending the laying or repairing of such service, if laid or repaired by any other person as aforesaid, exceed five dollars.

12. All service pipes or sewers to the interior face of the outer walls of the building supplied, together with all branches, couplings, stop-cocks, and apparatus placed therein by the town shall be under its control; and if any damage is done to this portion of the service pipe or sewer or its fittings, either by neglect or otherwise, the occupant or owner of the land shall forthwith repair the same to the satisfaction of the town, and in default of his so doing, whether notified or not, the town may enter upon the land where the service pipe or