for the securing of the repayment of the same and the interest thereon, irrespective of the order in which the same are issued. revenue 51. After the construction of the works all the revenues Application of arising from and out of the supplying of water, light, heat or power, or from the real and personal property connected with the works to be acquired by the corporation under this Ordinance, shall, after providing for the expenses attendant upon the maintenance of the works, and after payment of the amount payable for principal and interest, or sinking fund and interest, up to the end of the then current year, shall, year by year, be transferred to and form part of the general funds of the corporation and may be applied accordingly. 52. In the event of default being made in the payment of any portion of the moneys so borrowed or the interest thereon the holder or holders of such debentures shall be at liberty, as often as such default shall happen, and shall have continued for the space of twelve months, but without prejudice to the jurisdiction of any competent court, to interfere before the expiration of such period, to enter upon and take pos ession of the public. work or works, lands and appurtenances and operate the same until all arrears of principal and interest, and the reasonable costs and expenses of taking possession and of operating the same shall be fully paid, and may on such terms as any competent court or a judge thereof may order, advertise and sell the said public work or works, lands and appurtenances by public auction, and apply the proceeds of such sale in repayment of the moneys so borrowed, and interest and costs and expenses, and the balance, if any, remaining after such payment shall be paid over to the corporation, 53. The purchaser or purchasers on any such sale, and their Rights of assigns shall have and possess and may exercise all the rights, purchasers powers, privileges and franchises relating to the construction, maintenance, working and conduct of the work or works which are by this Ordinance conferred upon the corporation, subject to the right of the corporation to resume the ownership thereof at the expiration of ten years from such sale, on giving six months' notice and on payment, within six months after such period of ten years at a valuation to be ascertained by arbitration, subject to the assent of the ratepayers, as in the case of the original construction or purchase of said works. corporation to resume ownership 54. In case the corporation fails to exercise the right of Right of resuming the ownership of the public work or works at the expiration of the said period the corporation may similiarly of works exercise such right at the expiration of any fifth year thereafter upon giving one year's notice to the purchasers or their assigns. Powers to borrow to be Municipal Special frontage rate Corporation may appoint 55. It is hereby declared that the powers of borrowing and issuing of debentures in this Ordinance provided for are not to be accounted as diminishing the powers of the corporation to borrow and issue debentures conferred by The Municipal Ordinance, nor are they to be taken as restricting the power of the corporation to borrow and issue debentures on the credit of the corporation at large under The Municipal Ordinance within the limit of amount therein provided for, for the purpose of constructing or purchasing any such public work or works, or assisting therein, and in borrowing for the purposes aforesaid, or for the purpose of constructing a system of sewerage in connection with a system of waterworks, the corporation in borrowing, whether under the provisions of this Ordinance, or of The Municipal Ordinance, may extend the time of repayment for any term up to fifty years. (2) Debentures issued in pursuance of a bylaw passed under the authority of this Ordinance may be dated as of the actual date of the issue thereof, provided such date be within four years from the date of the final passing of the bylaw, and may be made payable in such manner that for the first five years succeeding their date interest only shall be payable. 56. For the purpose of assisting in the payment of any debentures issued for the purpose of waterworks constructed or acquired under the provisions of this Ordinance, and the interest thereon, it shall and may be lawful for the corporation to provide by bylaw for the assessment and collection of a special tax or rate in each year not exceeding four mills in the dollar upon the several properties according to the assessed value thereof, fronting or abutting on the street in, through, and along which the waterworks mains are laid, as well as all other properties which may enjoy the advantage of the use of water from the said main, distant not more than 300 feet therefrom, for the purpose of protection against five, whether the owners or ratepayers thereof use the water or not for general purposes, to meet the yearly interest on any debentures issued for the purposes of the said waterworks, and the annual instalment of principal, or the annual amount of payment to the sinking fund for the payment of the principal thereof, provided that the collector of taxes, upon the production by the owner or occupant using said water, of the receipt for payment of the rent chargeable for the use thereof during the year, or such proportion thereof as equals such special tax, shall remit or allow to such owner or occupant the amount so paid as a payment pro tanto on account of the special tax authorised to be levied by this section. 57. The corporation may itself, or by its officers, exercise and commissioners enjoy the powers, rights, authorities and immunities hereby conferred upon it or the council may, either before the commencement of the works or at any time while they are in the course of construction, or after their completion by bylaw provide for the appointment of one or more commissioners for such purpose. (2) Upon the appointment of a commissioner, or commissioners all the powers, rights, authorities or immunities which, under this Ordinance, might have been exercised or enjoyed by the council, and the officers of the corporation acting for the corporation shall, and may be exercised by the commissioner or commissioners, and the officers appointed by him or them, and the council thenceforth, during the continuance in office of the commissioner or commissioners, shall have no authority in respect of such works. (3) But any officer or employee appointed or employed by the council in or about the construction or management of the works shall be continued until removed by the commissioner or commissioners, unless his engagement shall sooner terminate. (4) Nothing herein contained shall be construed to divest the council of its authority with reference to the providing of moneys required in respect of such works, and the clerk or secretary treasurer of the city shall, upon the written certificate of the commissioner or commissioners pay out any moneys so provided. commissioners by Lieutenant 58. The commissioner or commissioners shall be appointed Bylaw from time to time by bylaw of the council on such terms and appointing at such a salary as they may deem expedient, but such bylaw to be approved shall not take effect until approved by the Lieutenant Governor Governor in Council, and shall cease to be valid after one month's notice from the Lieutenant Governor in Council that such approval has been withdrawn, and no repeal or amendinent of any such bylaw appointing a commissioner or commissioners shall be valid unless nor until such repeal or amendment has been approved in like manner, except as hereinafter provided. commissioner 59. Every commissioner shall, before taking office, give such Security, of security for the performance of his duties as the council shall require. not to be 60. No commissioner appointed as aforesaid shall personally Commissioner have or hold any contract in connection with the said works, terested in or be directly or indirectly interested in the saine or any of any contract them. remove work 61. The council of the corporation in case the construction Council may of the works be entrusted to a commissioner or commissioners commissioners may by bylaw at any time assume the work, remove the com- and assume missioner or commissioners, apportion their current year's salary and proceed with and manage the works and in such case all the rights, powers, authorities, immunities, duties and liabilities then belonging to the commissioner or commissioners shall be transferred to and vested in the council; but any officer or employee appointed or employed by the commissioner or kept by commissioners in or about the construction or management of the works shall be continued until removed by the council unless his engagement be sooner terminated. Accounts to be 62. The commissioner or commissioners shall keep or commissioners cause to be kept separate books and accounts of the receipts and disbursements for and on account of the works distinct from the books and accounts relating to the other property, funds or assets belonging to the works, and all such books shall be open to the examination of any person appointed for that purpose by the council. Oath of office (2) The commissioner or commissioners, on or before the 15th day of January in each year, or upon such other day as the council may name, shall cause a return to be made to the council containing a statement of the affairs of the works, which shall show the amount of the rents, issues and profits arising from the works, and the number of consumers during the previous year; the extent and value of the movable and immovable property belonging to the works, the amount of debentures then issued and remaining unredeemed and uncancelled, and the interest paid thereon, or yet due and unpaid, and the state of the sinking fund, the expenses of collection and management and all other contingencies, the salaries of officers and servants, the costs of repairs, improvements and alterations, the prices paid for the acquisition of any real estate that may have been acquired for the use of the works, and generally such a statement of the revenue and expenditure of the works as will at all times afford to the ratepayers a full and complete knowledge of the state of affairs of the works. (3) The commissioner or commissioners shall also from time to time furnish such information as may be required by the council. (4) All accounts relating to the works shall be audited by the auditor for the corporation in regular course, and the commissioner or commissioners, and all the officers, shall furnish to the officers such information and assistance as may be in their power to enable the officers to properly audit such accounts. 63. The commissioner and commissioners and the clerks and records of employed in their revenue service shall be sworn before proceedings jus tice of the peace for the faithful performance of their duties; the commissioner or commissioners shall keep a book for the purpose of recording the whole of their official proceedings, and such book shall be open for inspection in the same manner as the books mentioned in the next preceding section. 1903 CHAPTER 29 An Ordinance to amend Ordinance No. 25 of 1887 intituled "An Ordinance to Incorporate the Town of Moosomin" and to legalise Bylaw No. 136 of said town. [Assented to April 25, 1903.] W HEREAS the Municipal Council of the Town of Mooso- Preamble min passed the bylaw, a copy of which is a schedule hereto; And whereas the said bylaw was submitted to the ratepayers of the said town and was ratified by the votes of more than two-thirds of the said ratepayers voting thereon; And whereas it appears that the said bylaw is invalid by reason of the fact that the Ordinance incorporating said town, being Ordinance No. 25 of 1887, does not confer upon said town the power to grant a bonus such as is set out in said bylaw; And whereas it is desirable that such and other powers be granted said town and that said bylaw be validated : Now therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Section 2 of Ordinance No. 25 of 1887 is hereby repealed. Section 2 repealed. i 2. The said bylaw is hereby legalised, validated and Bylaw No. made binding upon the said town and the said town may 136 validatborrow a sum or sums of money to the amount and for the ed. purpose specified in said bylaw and may issue debentures therefor in the same manner and with the same effect as if said town had always had full power to enact same and as if the same were always valid, legal and binding on said town. SCHEDULE. BYLAW NO. 136 OF THE TOWN OF MOOSOMIN. A bylaw to authorise the granting of a bonus by the Schedule. Town of Moosomin to John S. Sutcliffe and Walter Muir both of Morris in the State of Minnesota, to aid in the erection of a |