(2) In cases where space intervenes between the outer line of the street and the wall of the building or other place into which the water is to be taken or with which the sewer is to be connected the corporation may with the consent of the owner lay the service pipes or sewers across such vacant space and charge the cost thereof to the owner of the premises or the owner himself may lay service pipes or sewers provided the same is done to the satisfaction of the corporation or person appointed by them 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 corporation (except the repairing of the service pipes or sewers from the main pipe to the outer limit of the street as aforesaid which shall be borne solely by the corporation) 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 corporation 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 aforesaid exceed $2.

and sewers

13. The service pipes or sewers from the line of street to Service pipes the interior face of the outer walls of the building supplied to be under together with all branches, couplings, stopcocks and apparatus control of placed therein by the corporation shall be under their 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 lands shall forthwith repair the same to the satisfaction of the corporation; and in default of his so doing whether notified or not the corporation may enter upon the lands where the service pipes are and by their officers, agents or servants repair the same and charge the same to the owner of the premises as hereinbefore provided.

(2) The stopcock placed by the corporation inside the wall of the building shall not be used by the water tenant except in cases of accident or for the protection of the building or the pipes and to prevent the flooding of the premises.

(3) Parties supplied with water by the corporation may be required to place only such taps for drawing and shutting off the water as are approved of by the corporation.

premises

14. Any person authorised by the corporation for that pur- Inspection of pose shall have free access at proper hours of the day and upon reasonable notice given and request made or in case of the written authority of a commissioner given in respect of the special case without notice to all parts of every building or other premises in which water 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

Regulation of

and of rates

they may deem expedient; and for this purpose or for the purpose of protecting or of regulating the use of 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 water rates.

15. The corporation shall regulate the distribution and use use of water of the water in all places and for all purposes where the same may be required and from time to time may fix the prices for the use thereof and the times of payments; and they may erect such number of hydrants and in such places as they shall see fit and direct in what manner and for what purposes the same shall be used all which they may change at their discretion and may fix the rate or rent to be paid for the use of water by hydrants or fire plugs and public buildings.

(2) The sum payable by the owner or occupant of any house, tenement, lot or part of a lot for the water supplied to him there or for the use thereof and all rates, costs and charges by this Ordinance to be collected in the same manner as water rates shall be a preferential lien and charge on the house, tenement, lot or part of a lot; and may be levied and collected in like manner as municipal rates and taxes are by law recoverable.

16. The corporation may from time to time make and enforce bylaws, rules and regulations for the general maintenance or the management or conduct of the waterworks and of the officers and others employed in connection with them not inconsistent with this Ordinance and for the collection of the water rates and for fixing the time and times when and the places where the same same shall be payable; and also for allowing a discount for prepayment and in case of default in payment may enforce payment by shutting off the water or by action in any court of competent jurisdiction or by distress and sale of the goods and chattels of the owner or occupant or of any goods and chattels in his possession wherever the same may be found within ten miles of the property in respect of which the water rate is payable. or of any goods and chattels found on the premises the property of or in the possession of any occupant of the premises; but where the arrears exceed three months no distress shall be made of any goods and chattels which are not the property of the person liable for the water

rate.

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

employ

17. The corporation shall have power to employ the ordi- Power to nary collectors and assessors and such other persons as in their collectors and opinion may be necessary to carry out the objects of this Ordi- others nance and to specify their duties and to fix their compensation and all such persons shall hold their offices at the pleasure of the corporation or as the corporation shall determine by bylaw in that behalf; and shall give security as the corporation shall from time to time require; and such assessors and collectors shall have full power in the performance and enforcement of the matters to them committed as the assessors and collectors of the corporation may by law possess and enjoy in respect of municipal taxes.

for breakage

18. The corporation shall not be liable for damages caused Nonliability by the breaking of any service pipes or attachment in the or stoppage absence of negligence or for any shutting off of any water to repair mains; provided that reasonable notice of the intention to shut off the water shall be given whenever the same is intended to be shut off for more than six hours at any one time.

supply water

town

19. The said corporation shall have power and authority Power to to supply with water upon special terms any person or corpora- outside of tion outside the town 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 town; and they may also from time to time make and carry out any agreement which they may deem expedient for the supply of water to any railway company, manufactory, industry or institution whether government or otherwise within ten miles of the corporation.

make bylaws

of water and

supply

20. The corporation may make such bylaws as to the Power to council may seem requisite for prohibiting by fine not exceed- prohibiting ing $20 and costs or by imprisonment in the first instance for wrongful use any term not exceeding one month any person being tenant, regulating occupant or inmate of any house, building or other place supplied with water from the waterworks from lending, selling or disposing of the water thereof from giving it away or permitting it to be taken or carried away or from using or applying it to the use or benefit of others or to any other than his, her or their own use and benefit or from increasing the supply of water agreed for with the corporation from wrongfully neglecting or improperly wasting the

water.

or

(2) And may also make bylaws regulating the time, manner, extent and nature of the supply by the works to the tenement or parties to which and to whom the same shall be furnished the price or prices to be exacted therefor and each and every other matter or thing related to or connected therewith which it may be necessary or proper to direct, regulate or determine in order to secure the inhabitants of the corporation a continued and abundant supply of pure and wholesome water and

Petition for construction

to prevent the practising of frauds upon the corporation with regard to the water so supplied.

(3) The amount of the fine, the duration of the imprisonment and also the option between fine and imprisonment shall be in the discretion of the justice of the peace before whom any proceedings may be taken for the enforcement of such by law.

21. In case a petition signed by two-thirds of the resident of waterworks ratepayers of the corporation qualified to vote on bylaws requiring the assent of the electors is presented to the council of the corporation asking for the construction of waterworks under the powers conferred on the corporation by this Ordinance

If bylaw approved council to construct works

Corporation

may construct

1. It shall be the duty of such council to submit a bylaw for the construction of such waterworks to the vote of the ratepayers of the corporation and such council shall forthwith prepare a bylaw directing the submission of the question in accordance with the prayer of the petitioners or in such form as may be approved by the vote of two-thirds of the members of such council and shall submit the same to the vote of the ratepayers within six weeks after the receipt of the petition by the council;

2. The power of the town council shall not be deemed to be abridged by this Ordinance except as expressly stated herein;

3. The proceedings in taking the vote and the persons having the right to vote shall be the same as nearly as may be as are required by The Municipal Ordinance in case of bylaws creating debts.

22. If the bylaw be approved of by two-thirds of the duly qualified ratepayers voting thereon it shall be the duty of the council to pass the bylaw and forthwith to proceed in the construction of the works; provided always that the council may for any good cause if deemed expedient by a vote of two-thirds of its members hold the works in abeyance until after the next general municipal election.

LIGHTING, HEATING AND POWER WORKS.

23. The corporation shall have power to manufacture and gas works, etc. supply for the use of the corporation and of all persons gas (including natural gas) for heating, cooking and all other purposes for which gas can be used and to manufacture and supply electric, galvanic or any other artificial light or heat or power either in connection with gas or otherwise; and for these purposes shall have power to construct, purchase, improve, extend, hold, maintain, manage and conduct any works which they may deem requisite; and shall have power to acquire any patent or other rights for the manufacture or production of any artificial light or heat or power; and also to supply, sell

or lease all fittings, machines, apparatus, meters things for the purposes aforesaid.

or other

(2) The corporation may sell or dispose of coke, tar and every product refuse or residue obtained in or from their said works and any surplus of coal they may have on hand.

(3) The corporation shall have power to rent, purchase or lease such lands and buildings as they deem necessary or advantageous for the purposes aforesaid.

may break up

24. The corporation or their servants under their authority Corporation may for the purpose of laying down, taking up, examining or streets and keeping in repair the pipes or wires used for conducting the gas, electricity or other means of producing light or heat or power break up, dig and trench in, upon, through, over and under the highways, streets, lanes, roads, squares and other public passages and places in the corporation; or with the consent of the owner in, upon, through, over or under any private property; or may upon poles or otherwise conduct such wires and rods along and across such streets, lanes, roads, squares and other public passages and places or with the consent of the owner upon private property.

25. Where there are buildings within the corporation May carry pipes and different parts whereof belong to different proprietors or are wires through in possession of different tenants or lessees the corporation part of may with the consent of the owner carry pipes, wires or rods to any part of any building so situate passing over the property of one or more proprietors or in the possession of one or more tenants to convey the gas, electricity or other means of providing light or heat or power to the property of another or in the possession of another.

(2) Such pipes, wires or rods shall be carried up and attached to the outside of the building unless consent is obtained to carry the same inside.

break up

26. The corporation may also break up and uplift all May also passages common to neighbouring proprietors or tenants and passages dig or cut trenches therein for the purpose of laying down pipes or wires or taking up or repairing or examining the same doing as little damage as may be in the execution of the powers hereby conferred and restoring such passages to their original condition without unnecessary delay.

and safety not

27. The corporation shall construct their gas and other Public health works and all apparatus and appurtenances thereunto to be belonging or appertaining or therewith connected and where- endangered soever situated so as not to endanger the public health or safety.

28. Where the corporation has constructed any works for Corporation to supplying the town with light, heat or power as here- upp inbefore provided and where there is a sufficient supply thereof request

buildings on