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Petition of owners.

Contents of petition.

Petition to be in
Form No. 1.

Assessable value to

be taken into account.

Minister of Lands may sign.

Corporations may sign.

Advertisement in Gazette and newspaper.

"Execute" shall have such meaning as may be appropriate to describe the performance of the particular work or works referred to in the context:

"Lands" shall mean and include all lands in a district or proposed district.

Formation of District.

3. When the owners of any lands desire to have any works executed for reclaiming and improving the same by draining, dyking, or irrigating, or by any combination of such works, they may petition the Lieutenant-Governor in Council for the appointment of three Commissioners to execute and maintain the same.

4. Such petition shall contain

(a.) A description of the lands proposed to be included in the district, and the approximate area of the same:

(b.) In a general way, the nature of the works proposed to be carried out for said district:

(c.) The names of three Commissioners whom the owners desire to be appointed for such purposes, and who express in writing their willingness to act as such:

(d.) The name of the proposed district.

5. Said petition shall be as near as may be in the Form No. 1 in the Schedule, and shall be signed by a majority in value of the owners within the proposed district, and each such signature shall be dated.

6. In determining whether there is or is not a majority in value of owners of land, the assessable value of said lands shall alone be taken into account.

7. Where the fee of any portion of the lands within the proposed district (save and except highways) is vested in the Crown in right of the Province, the Minister of Lands for the time being shall be entitled, on behalf of the Crown, to sign the petition or to oppose the same in respect thereof.

8. Where the fee of any portion of the lands within the proposed district is owned by a municipal corporation, or by a School Board, or by any other public corporation (and for the purposes of this Act the fee of highways within a municipality shall be deemed to be vested in such municipal corporation), such corporation shall be entitled to sign the petition or to oppose the same in respect thereof.

9. The petitioners shall give public notice of their intention to present the said petition to the Lieutenant-Governor in Council, by inserting for one month in a newspaper (if any) published, or if not, then in a newspaper circulating, in the portion of the Province

in which the proposed district is situate, and in the Gazette, a notice of their intention to present the same, signed by the three persons named as Commissioners in the petition or by their solicitors.

Council may

10. On presentation of the said petition, accompanied by proof of Lieut-Governor in compliance with section 9 hereof, and that it is signed by a majority constitute district. in value of the owners within the proposed district, it shall be lawful for the Lieutenant-Governor in Council, by Order in Council, to constitute the lands described in the petition as a dyking and (or) drainage and (or) irrigation district (as the case may be) under the name set out in said petition, or under any such other name as may be deemed advisable, and to appoint the Commissioners named in the petition as Commissioners for said district.

Lieut.-Governor in

Council may

11. If the Lieutenant-Governor in Council shall deem it advis able, he may cause an investigation of the matter to be made before investigate. passing such Order in Council, and the expenses of such investigation (if any) shall be paid in advance by the persons named as Commissioners. Such payment shall be deemed a part of the expenses of the Commissioners hereunder.

to be advertised.

12. Upon the said Order in Council being made, notice thereof Order in Council shall forthwith be published at the expense of the Commissioners in the Gazette, and such notice shall contain a description of the lands constituted as a district hereunder, and shall state the name of the said district, the names of the Commissioners appointed therefor, and in a general way the nature of the proposed works.

Council may vary

13. The Lieutenant-Governor in Council, in passing such Order Lieut. Governor in in Council, may change or vary the boundaries of the district or boundaries. the nature and extent of the said works as set out in the petition, and impose such conditions as may be deemed proper or necessary: Provided always that no such variations shall be made which would have the effect of extending the boundaries so that the signatories of the petition would not then constitute a majority in value of the owners within the limits of the district as so changed or varied, unless and until such further owners of the lands so proposed to be included in the district shall sign a supplementary petition as will, with the signatories of the original petition, constitute a majority in value of the owners of all the lands within the district so extended.

14. Upon the making of the Order in Council as aforesaid, the Commissioners a Commissioners so appointed shall become a body corporate and body corporate. politic under the name set out in such Order in Council, and shall have perpetual succession and a common seal, with the power to acquire, hold, and dispose of personal property and real estate for the purposes of this Act, and to sue and be sued; and the production of a copy of the Gazette containing the notice of such Order in

Vacancies to be filled by Lieut.

Council shall be conclusive proof of the due appointment of the said Commissioners and of the regularity of all proceedings leading to the same.

15. In case of any vacancy in the office of Commissioner, either Governor in Council. by death, resignation, or removal as hereinafter set out, the vacancy shall be filled by the Lieutenant-Governor in Council by Order in Council, and notice of such Order in Council shall be published in the Gazette at the expense of the Commissioners.

Resignation and removal of Commissioner.

Commissioners to

16. Any Commissioner may at any time resign, or be removed from office by the Lieutenant-Governor in Council upon receipt of a petition signed by a majority in value of the owners in the district, and notice of such resignation or of the Order in Council making such removal shall be published in the Gazette at the expense of the Commissioners.

17. Full charge and authority over the extent and scope of the have full charge of works and over their execution and maintenance shall be vested in works. the Commissioners.

Remuneration of
Commissioners.

Commissioners may appoint certain officers.

Duties of clerk.

18. The Commissioners shall be entitled by resolution to fix their remuneration, which shall not exceed five dollars per day or part of a day for each Commissioner while actually engaged in his duties as such, nor shall such remuneration exceed one hundred dollars in any one year to any Commissioner, nor three hundred dollars to the whole number of Commissioners in any one year.

Organization.

19. The Commissioners shall have power to appoint a clerk, collector, engineer, and such other subordinate officers and employees as may be necessary for the efficient carrying-out of their duties, and shall have authority to fix the remuneration of such employees; and all such appointments shall be entered in the record-book of the Commissioners, and such entries shall be evidence of the respective appointments. The appointment of the engineer shall be subject to the approval of the Minister of Public Works, in writing, under his hand.

20. The clerk of the Commissioners shall keep

(a.) A true and correct record of all the proceedings of the Commissioners:

(b.) A just and true account of all labour and materials furnished by the owners and the disposition thereof:

(c.) A just and true account of all moneys received and expended by the Commissioners:

(d.) A just and true account of all sinking funds and investments thereof:

(e.) A book containing a true copy of the assessment roll
prepared and approved as mentioned in sections 29 and
30 hereof, and showing any amendments (if any) made
therein by the Court of Revision, or the Judge on appeal,
and any changes that may be made from time to time in
the ownership of any part of the lands, and all taxes from
time to time levied on the lands, and the respective owners
thereof, and all payments made on account thereof:
(f.) Such other or further records as the Commissioners shall
direct.

He shall satisfy himself and certify to the correctness of all accounts submitted to the Commissioners, and shall countersign all cheques issued by them. On dismissal or resignation, he shall hand over all records and papers in his hands to the Commissioners, or to such person or persons as they may appoint.

21. The collector shall collect all taxes, fines, or moneys due or Duties of collector. payable to the Commissioners, and shall deposit the same weekly

in a chartered bank to the credit of the Commissioners.

security.

22. The collector shall be required to furnish security to the Collector to give satisfaction of the Commissioners for the due accounting for and payment-over of all moneys which may come to his hands as such collector, and for the faithful performance of his duties as such, in the sum of five hundred dollars, or in such larger sum as the Commissioners shall from time to time require.

act as clerk and

23. The offices of clerk and collector may be held by one person, Commissioner may and any Commissioner may be appointed either clerk or collector, collector. or both Provided always that no Commissioner shall receive any emolument for acting in any such capacity.

shall be competent

24. Any Commissioner, or any clerk, collector, or employee of the Commissioner, etc., Commissioners, shall be a competent and compellable witness to witness. prove any fact or facts connected with the duties of his office.

open for

25. All books and records of the Commissioners shall at all reason- Books and records able times be open for the inspection of any of the owners, or of any inspection. creditor of the Commissioners, on payment for each search and examination of the sum of twenty-five cents; and a copy of any entry shall be furnished to any owner or creditor on demand and on payment of twenty-five cents for each and every folio of one hundred words, save and except the book referred to in section 20 hereof, which shall be open to inspection by the public at all reasonable times without charge.

survey.

26. Upon the making of the Order in Council referred to in Engineer to make section 14 hereof, the Commissioners shall employ an engineer, whose appointment shall be first approved as aforesaid, to make a

Lands not benefited to be excluded from district.

District may be enlarged.

Engineer to prepare

and cost of assessment roll.

survey and prepare a plan in duplicate showing such of the lands as in his opinion will be benefited by the proposed works; one of said plans shall be deposited in the Land Registry Office for the district in which the lands are situate, and one shall be kept by the Commissioners.

27. Should the engineer, after making the said survey, certify in writing that certain lands within the district constituted by the Order in Council appointing the Commissioners will not be benefited by the proposed works, such lands shall, from the date of the depositing of the said plan as aforesaid, cease to be included within the limits of such district, and shall be free from all liability to assessment or otherwise; subject, however, to any alteration or amendment made by the Court of Revision or by the Judge on appeal as hereinafter provided. A notarial copy of said certificate shall be deposited in the Land Registry Office as aforesaid.

28. Should the engineer, after making the said survey, certify in writing that there are other lands which will be benefited by the works, but which are not within the district constituted by the Order in Council appointing the Commissioners, such land shall be included in the district: Provided, however, that if the effect of any such enlargement of the district would be that the original petitioners would not constitute a majority in value of the owners in the district so extended, then the boundaries shall not be so extended as aforesaid until such further owners shall sign a supplementary petition as will, with the signatories of the original petition, constitute a majority in value of the owners of all the lands within the district so extended. A notarial copy of such certificate and such supplementary petition (if any) shall be deposited in the Land Registry Office as aforesaid.

29. So soon as the said plan referred to in section 26 hereof shall plan of works, est have been deposited in the Land Registry Office as aforesaid, the Commissioners shall cause the engineer to make plans of the proposed works, and to prepare an estimate of the cost of the same, and also an assessment roll as near as may be in the Form No. 2 in the Schedule hereto showing the area of each lot or parcel of land the subject of separate ownership within the district, and the respective owners thereof, and their respective addresses; and in the event of the engineer being of opinion that the benefit to be derived by the lands within the district from the proposed works is not substantially a uniform benefit, he shall in said assessment roll divide the said lands into various classes according to the benefits to be derived from the proposed works, and shall state the proportion which each such class shall bear of taxes to be levied on said lands, and the owners thereof, to meet the cost of the works and of maintenance, and all other expenses which the Commissioners are authorized to raise by means of taxes under this Act.

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