corporation, or by reason of any dealing or contract with the corporation with reference to the supply of water, light, heat or power to such person.

38. All persons and corporations who shall by themselves, Liability of their servants or agents, by act, default, neglect or omission, damage persons doing occasion any loss, damage or injury to the public works constructed under the provisions of this Ordinance or to any plant, machinery, fitting or appurtenances th reof, shall be liable to the corporation for or in respect of such damage, loss or injury and damages in respect thereof may be recovered by the corporation in any court of competent jurisdiction.

existing

39. The corporation may purchase or lease any works con- Power to structed for the supply of water, light, heat and power within purchase or or in the neighbourhood of the municipality and being the works property of any person or company, and, under the provisions of this Ordinance, may improve and extend such works.

40. If any person does or commits any of the following Penalties

acts

(1) Wilfully or maliciously hinders or interrupts, or causes, or procures to be hindered or interrupted the said corporation, or their manageis, contractors, servants, agents, workmen, or any of them in the exercise of any of the powers and authorities in this Ordinance authorised and contained;

(2) Wilfully or maliciously lets off or discharges water or gas, so that the same runs waste or useless;

(3) Not being in the employment of the corporation and not being a member of the fire brigade and duly authorised in that behalf, wilfully opens or closes any hydrant, or obstructs the free access to any hydrant, stopcock, chamber pipe, or hydrant chamber, by placing on it any building material, rubbish or other obstruction;

(4) Throws or deposits any injurious, noisome, or offensive matter into the water or waterworks, or upon the ice in case such water is frozen, or in any way fouls the water or commits any wilful damage or injury to the works, pipes, or water, or encourages the same to be done ;

(5) Wilfully alters any meter placed upon any service, pipe or connected therewith, within or without any house, building or other place, so as to lessen or alter the amount of water, gas or electricity registered thereby, unless specially authorised by the corporation for that particular purpose and occasion;

(6) Lays or causes to be laid or attached any pipe or main or wire or rod to communicate with any pipe or main or wire or rod of the works, or in any way obtains or uses any water, gas or electricity thereof without the consent of the corporation;

Application of penalties

May be

constructed as separate

(7) Washes or cleanses cloth, wool, leather, skin, or animals, or places any nuisance or offensive thing within the distance of one mile from the source of supply for such waterworks, in any river, pond, creek, spring, source or fountain from which the water of the waterworks is obtained, or conveys, casts, throws or puts any filth, dirt, dead carcass, or other noisome or offensive thing therein, or within the distance as above set forth, causes, permits or suffers the water of any sink, sewer or drain to run or be conveyed in the same, or causes any other thing to be done whereby the water therein may be in any way tainted or fouled, and if such person is convicted of such act before a justice of the peace, he shall, for every such offence, forfeit and pay a sum not exceeding $20 and not less than $1, together with the costs and charges attending the proceedings and conviction, or such offender may be imprisoned in the first instance for any term not exceeding thirty days.

41. The penalties in money under the last preceding section, or any portion of them which may be recovered, shall be paid to the convicting justice, and by him paid, one half to the treasurer of the corporation, and the other half to the prosecutor unless the prosecutor is the officer or servant of the corporation, in which case the whole of the penalty shall be paid to the corporation.

42. Any municipal public work provided for in this Ordinance may be constructed, built, purchased, improved, extended, undertaking held, maintained, managed and conducted either separately as distinct undertakings, or in conjunction as one entire undertaking.

Money borrowed to be a charge on works

43. It is hereby provided that any public work or works constructed or acquired under this Ordinance, and all lands acquired for the purpose thereof, and every matter and thing appertaining thereto, and all revenues derived therefrom shall be held to be entirely separate from all other assets of the municipality, and shall not be liable for any debt of the municipality heretofore or hereafter contracted by the municipality on the credit of the municipality at large, and such public work or works, lands, appurtenances and revenues shall be and are hereby specially charged with the repayment of any sum or sums of money, which may be borrowed at the credit thereof by the corporation for the purposes thereof, and for any debentures which may be issued therefor, and the holders of such securities shall have a preferential lien and charge on the said works, lands, appurtenances and revenues. for the securing of the repayment of the same and the interest thereon, irrespective of the order in which the same are issued.

Application of 44. After the construction of the works all the revenues arising from and out of the supplying of water, light, heat or

revenue

power, or from the real and personal property connected with the works to be acquired by the corporation under this Ordinance, 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.

on security of

45. For the purpose of any such public work or works, con- Borrowing structed or acquired, or intended so to be, the corporation may, works by the procedure provided in similar cases, under The Municipal Ordinance, borrow on the security of such public work or works, lands, appurtenances and revenues, and not on the credit of the municipality at large, such sum or sums of money at any time, and from time to time as the corporation may deem expedient or necessary, on such terms of repayment, and at such rates of interest, not exceeding seven per cent. as can be arranged, and may provide for repayment of the principal either in instalments or by way of a sinking fund, running over any term of years that they shall deem proper, and may issue mortgages, debentures or other securities accordingly.

borrow to be

powers under Municipal

46. It is hereby declared that the powers of borrowing and Powers to issuing of debentures in this Ordinance provided for are not to in addition to be accounted as diminishing the powers of the municipality to borrow and issue debentures conferred by The Municipal Ordinance Ordinance, nor are they to be taken as restricting the power of the municipality to borrow and issue debentures on the credit of the municipality 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 municipality 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.

may appoint

47. The corporation may by itself, or by its officers, exercise Corporation and enjoy the powers, rights, authorities and immunities hereby commissioners conferred upon the corporation of such municipality, or such council may, either before the commencement of the works or at any time while they are in course of construction, or after their completion by bylaw provide for the appointment of one or more commissioners for such purpose.

Bylaw appointing

(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 such 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 secretary treasurer of the municipality shall upon the written certificate of the commissioner or commissioners pay out any moneys so provided.

48. The commissioner or commissioners shall be appointed commissioners from time to time by bylaw of the council on such terms andby Lieutenant at such a salary as they may deem expedient, but such bylaw Governor shall not take effect until approved by the Lieutenant Governor

to be approved

Security of commissioner

Commissioner not to be

interested in any contract

Council may

remove

and assume

work

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 amendment 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.

49. Every commissioner shall, before taking office, give such security for the performance of his duties as the council shall require.

50. No commissioner appointed as aforesaid shall personally have or hold any contract in connection with the said works, or be directly or indirectly interested in the same or any of them.

51. The council of the municipality in case the construction commissioners of the works be entrusted to a commissioner or commissioners may by bylaw at any time assume the work, remove the commissioner 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 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.

keep or Accounts to be receipts commissioners

52. The commissioner or commissioners shall cause to be kept separate books and accounts of the 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.

(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 ac

counts.

kept by

and records of

53. The commissioner and commissioners and the clerks Oath of office employed in their revenue service shall be sworn before a jus- proceedings tice of the peace for the faithful performance of their duties and 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.

borrowing powers

54. The corporation may pass bylaws for contracting debts Increased by borrowing money or otherwise and for levying rates for the payment of such debts on the ratable property of the municipality for the purpose of constructing any public work or works under the provisions of this Ordinance, or assisting therein, in which event, but for such purposes only, the municipality shall have power to pass such bylaws for contracting debts to the extent of but not to a greater extent than twenty per cent.