employed in connection with them; and for the collection of the rates and charges for supplying gas or electricity or other means of providing light or heat or power hereunder and for the rent of fittings, machines, apparatus, meters or other things leased to consumers; and for fixing such rates, charges and rents; and the times and places when and where the same shall be payable; and the corporation may allow for prepayment or punctual payment such discount as they may deem expedient.

enforce

35. The corporation may enforce payment of such rates, Power to charges or rents by action in any court of competent jurisdic- payment of tion or by distress and sale of the goods and chattels of the rates person owing such rates, charges or rents wherever the same may be found in the city in which the gas, electricity or other means of providing light, heat or power is supplied.

(2) Such distress and sale shall be conducted in the same. manner as distress sales are conducted for arrears of taxes and the costs chargeable shall be those payable to bailiffs under An Ordinance respecting Distress for rent and Extra-judicial Seizure.

(3) Where any consumer discontinues the use of gas or other means of providing light or heat or power furnished by the corporation or the corporation lawfully refuses to continue any longer to supply the same the officers and servants of the corporation may at all reasonable times enter the premises in or upon which consumer was supplied with gas or the 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 corporation in or upon such premises and may remove the same therefrom doing no unnecessary damage.

extend works

36. The said corporation shall have power and authority to Power to supply with gas (including natural gas) for heating, cooking beyond city and for all other purposes for which gas can be used, electric, galvanic or any other artificial light or heat or power either in connection with gas or otherwise upon special terms, any person or corporation outside the city and may exercise all other power necessary to the carrying out of their agreement with such corporation or person as well within the suburbs as within the city and they may also from time to time make an carry out any agreement which they may deem expedient for the supply of such light, heat or power to any railway company, manufactory or industry or institution whether government or otherwise within ten miles of the corporation.

when mains

37. In case any person, firm or company has laid down Restrictions main pipes for the supply of gas in or through any of the streets, already squares or public places of the suburbs the corporation existing shall not without the consent of such person, firm or company first had and obtained nor otherwise than upon payment to such person firm or company of such compensation as may be agreed

No

unnecessary damage to be done

Attempt to

collect rates not to invalidate lien

Protection and powers of officers

Property

exempt from execution

Property exempt from taxation

upon lay down any main pipe for the supply of gas within six feet of the main pipes of such person, firm or company or if it be impracticable to cut drains for any such main pipes at a greater distance then as nearly six feet as the circumstances of the case will admit. This section is subject to any antecedent agreement between such person, firm or company and the corporation.

GENERAL.

38. The corporation shall do as little damage as may be in the execution of the powers by this Ordinance granted to them and shall make reasonable and adequate satisfaction to the owners, occupiers or other persons interested in the land, waters, rights or privileges entered upon, taken or used by the corporation or injuriously affected by the exercise of its powers; and in case of disagreement the compensation or damages shall be ascertained as provided in like cases in The Municipal Ordinance.

39. The attempt to collect any rates by process hereinbefore mentioned shall not in any way invalidate the lien on the premises as hereinbefore provided.

(2) In event of the rate remaining uncollected and unpaid and continuing a lien upon the said premises as aforesaid the amount of the rate so in arrears shall be returned by the collectors to the secretary-treasurer or clerk of the city annually on or before the eighth day of April in each and every year or such other time as may be fixed by the corporation by bylaws in that behalf; and the same together with interest at the rate of six per cent. per annum thereon shall thereupon be collected by the secretary-treasurer or clerk by the sale of the lands and premises in the same manner and subject to the same provisions as in case of the sale of lands for arrears of municipal taxes for the time being.

40. The corporation and their officers, agents and servants shall have the like protection in the exercise of their respective offices and the execution of their duties as public officers have under the laws of the Territories and the watchman and other officers of the corporation when in the discharge of their duties shall be ex officio possessed of all the powers and authority of constables.

41. All material procured or partly procured under contract with the corporation and upon which the corporation shall have made advances in accordance with such contract shall be exempt from execution.

42. The lands, buildings, machinery, reservoirs, pipes, poles, wires, rods, meters, fittings and all other real or personal property connected with or appertaining or belonging to any work under this Ordinance shall be exempt from taxation for civic, school or other purposes.

43. No property owned by the corporation under the Property authority of this Ordinance shall be liable to seizure by way of seizure for distress for rent.

exempt from

distress

property when

required

44. The corporation may dispose of any real or personal Power to sell property acquired by them for the purpose of this Ordinance no longer when no longer required and until sold may rent or lease the same; any property so sold shall be free from any charge or lien on account of any debentures or other securities issued by the corporation; but the proceeds of the sale shall be added to and form part of the fund for the redemption and payment of any such securities constituting a charge thereon; but may be reinvested in similar property under the authority of this Ordinance which substituted property shall immediately upon its being acquired be and become subject to such securities as the property sold was subject to; or should no such securities then exist then the said proceeds shall form part of the general funds of the corporation and may be applied accordingly.

(2) In case credit is given for any portion of the purchase money of such real property the corporation may take security by way of mortgage to secure the same; and the corporation shall have all the rights, powers or remedies expressed in or implied by any mortgage given as fully as if the mortgage had been given to a private person; and every such mortgage and the proceeds thereof shall be subject to the provisions of the first subsection of this section.

of council to

in any

contract

45. No member of the city council of the municipality shall No member personally have or hold any contract in connection with any be interested works under this Ordinance or be directly or indirectly interested in the same or any of them; but no person shall be held to be disqualified from being elected or sitting as a member of the council of the corporation by reason of his being a taker or consumer of water, light, heat or power supplied by the 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.

persons doing

46. All persons and corporations who shall by themselves, Liability of their servants or agents by act, default, neglect or omission damage occasion any loss, damage or injury to the public works constructed under the provisions of this Ordinance or to any plant, machinery, fitting or appurtenance thereof 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.

purchase or

works

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

Penalties

Application of penalties

48. If any person does or commits any of the following acts

1. Wilfully or maliciously hinders or interrupts or causes or procures to be hindered or interrupted the said corporation or their managers, 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;

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.

49. 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 prose

cutor 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.

constructed

undertaking

50. Any civic public work provided for in this Ordi- May be nance may be constructed, built, purchased, improved, extended, as separate held, maintained, managed and conducted either separately as distinct undertakings or in conjunction as one entire undertaking.

borrowed to

51. It is hereby provided that any public work or works Money constructed or acquired under this Ordinance and all lands be a charge acquired for the purpose thereof and every matter and thing on works appertaining thereto and all revenues derived therefrom shall be held to be entirely separate from all other assets of the corporation and shall not be liable for any debt of the corporation heretofore or hereafter contracted by the corporation on the credit of the corporátion 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.

of revenue

52. After the construction of the works all the revenues Application 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.

53. 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 possession 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 or appurtenances by public auction and apply the proceeds of such sale in repayment of