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 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.

49. 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

ownership of

50. In case the corporation fails to exercise the right of Right of resuming the ownership of the public work or works at the resume expiration of the said period the corporation may similarly works exercise such right at the expiration of any fifth year thereafter upon giving one year's notice to the purchasers or their assigns.

borrow to be

51. 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 corporation to Municipal borrow and issue debentures conferred by The Municipal Ordinance 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.

Special frontage rate

Corporation may appoint

52. 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 fire 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.

53. 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 terminate.

sooner

(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.

appointing

by Lieutenant

54. The commissioner or commissioners shall be appointed Bylaw from time to time by bylaw of the council on such terms and commissioners 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 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.

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

not to be

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

them.

remove

work

57. 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 and assume 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.

be kept by

58. The commissioner or commissioners shall keep or cause Accounts to to be kept separate books and accounts of the receipts and commissioners 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 fifteenth 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.

Oath of office and records of

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.

59. The commissioner or commissioners and the clerks employed in their revenue service shall be sworn before a proceedings justice 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.

1904

CHAPTER 22

An Ordinance to Incorporate Maple Creek General

Hospital.

[Assented to October 8, 1904.]

HE Lieutenant-Governor by and with the advice and

THE consent of the Legisiative Assembly of the Territories

enacts as follows:

1. John Dixon, Robert G. Williamson, William R. Abbott, William Pollock, Robert Hiram Lithgow, Susan Pollock, Bertha Deane, Gordon W. Quick, Jane Abbott, Agnes C. Dixon, Jane H. Parsons, Lottie Tanner, Hatty Douglas, David Kearns, Emily Hustler, Sylvia S. Williamson, Fred. Downer and such other persons as may from time to time become members of the corporation to be incorporated shall be and are hereby constituted a body politic and corporate by and under the name of "The Maple Creek General Hospital.”

2. The said corporation by the name of The Maple Creek General Hospital shall have perpetual succession and a common seal; and by such name may from time to time and at all times purchase, acquire, receive, accept, build, hold, possess and enjoy for them and all their successors any lands, tenements, hereditaments and real and movable property and estate within the Territories together with such grants, devises, gifts and bequests as may be made by and received from the Government of the Dominion of Canada, the North-West Territories, the town of Maple Creek and any corporation, person or persons whatsoever for the sole use and benefit of said hospital : Provided always that the actual value of such real estate so held as aforesaid does not at any one time exceed the sum of forty thousand dollars.

3. The affairs of the said corporation shall be managed by a board of directors consisting of eleven members with power to add to their number of whom five shall constitute a quorum ; and the said John Dixon, Robert G. Williamson, Susan Pollock, W. R. Abbott, William Pollock, Agnes C. Dixon, Emily Hustler, Sylvia S. Williamson, G. W. Quick, Lottie Tanner and D Kearns shall constitute the first board of directors and shall hold office as such directors until their successors are appointed as hereinafter provided.

4. The board of directors shall employ proper persons to attend the sick placed in the said public hospital and provide