precept issued on the order of the Council of the Municipality of the County of Kings, to one William Rand, as Commissioner in that behalf, dated the thirteenth day of January, A. D. 1903, and the same is now and has for some time past been used by the travelling public as a highway; And whereas, certain irregularities in the proceedings of the said Council in reference to the laying out of the said road have occurred, and the said Council on the sixteenth day of February, A. D. 1910, at a Special Session thereof, by resolution, confirmed the said proceedings, and requested that an Act of the Legislature be procured to validate the same, and the said resolution so confirming such proceedings; Be it enacted by the Governor, Council, and Assembly, as follows: new road, of 1. The proceedings of the Municipal Council of Proceedings in the Municipality of the County of Kings, taken and laying out had in the laying out of a new road from Saxon Street validated. in the Township of Cornwallis, in the County of Kings, to Main Street in Canning, in the said County, under a precept directed to William Rand, dated the thirteenth day of January, A. D. 1903, and the proceedings of the said William Rand as Commissioner in reference thereto, and the resolution of the said Council passed in respect to the same, on the sixteenth day of February, A. D., 1910, confirming the said proceedings and establishing the said road, be and the same are hereby confirmed and made valid and sufficient, and the said road established according to the final report, description and plan by the said William Rand as such Commissioner, on file in the office of the Clerk of the said Municipal Council, as a public highway. CHAPTER 82. An Act to Enable the Town of Liverpool to Acquire the "Meadow Pond' so called, and to Borrow Money for such purpose. (Passed the 22nd day of April, A. D., 1910.) Preamble. Acquisition of WHEREAS, the "Meadow Pond,'' so called, is practically the only body of fresh water within the Town of Liverpool, available for purposes of recreation, and is also practically the sole source of the ice supply for the inhabitants of said Town; And whereas, owing to the inefficient means heretofore used in damming and the lack of adequate control of the water of said pond, the water has not been kept at uniform level, and injury to private property has accordingly resulted from the uncontrolled flow of the stream from said pond; And whereas, the drainage into said pond from several small properties near it constitutes a source of damage to the health of the town; Be it enacted, by the Governor, Council, and Assem. bly, as follows: 1. It shall be lawful for the Town of Liverpool from time to time, or at any time, to acquire by purchase or lease or otherwise, under the provisions of this Act, the pond or body of water known as the "Meadow Pond'' within the said Town, and the land covered by said pond and such lands, rights and privileges adjoining or appurtenant to said pond as may in the opinion of the Town Council of said Town be necessary for the maintenance, management, control or protection of said pond; and so also to acquire the water course, stream and ponds flowing into said "Meadow Pond'' or connected therewith, or such rights and privileges thereon or connected therewith as, in the opinion of said Town Council, may be so necessary. failure of 2. Whenever it shall be necessary in the opin- Arbitration on ion of the Town Council for any of the purposes agreement. aforesaid, or for carrying out the objects of this Act, that the Town shall acquire any property or thing in section one of this Act mentioned, or be invested with the title or possession of or in any lots or parcels of land and premises, or land covered with water, or any water, water course, water privilege or easement, within the scope of said section one, situate or enjoyed either in the Town or outside the limits of the Town, but within the County of Queens, or that any right of property or right to the flow of water, water privileges or easements should be taken or interfered with under the powers of any of the provisions in this Act given or contained, it shall be lawful for the Council in case they cannot agree with the owners or proprietors of or parties entitled to such or any of such lands and premises or lands covered with water, waters, water courses, water privileges or easements, respectively, for the purchase or lease thereof, as may be required, to give notice in writing to the party or parties whose lands and premises, lands covered with water, waters, water courses, water privileges or easements, are intended to be taken, or to his or their agent, that the said lands, premises, lands covered with water, waters, water courses, water privileges or easements are required for the purpose of the Town, under this Act, and to request such party or parties, or such agent, to appoint one arbitrator, and the Council shall appoint one arbitrator, and the said two arbitrators shall appoint a third arbitrator, or if the said two arbitrators cannot ageee, then a Judge of the Supreme Court shall appoint the third arbitrator, and the arbitrators so appointed shall proceed to determine the damages, if any, or the value of such lands, premises, lands covered with water, waters, water courses, water privileges or easements, as the case may be, required as aforesaid, and award the same to be paid to the proprietor, owner or parties entitled, as the case may be, whose award, or the award of any two of them, shall be final and conclusive, provided the Town Council decides to take such lands, premises, lands covered with water, waters, water courses, water privileges or easements, and thereupon the Town shall pay and satisfy, within six months, to those entitled to receive the same, the full amount of such award or valuation, and immediately upon the payment or tender of the sum so awarded to those entitled to receive the same, or in case of dispute to such party or parties as a Judge of the Supreme Court shall direct, the Town shall be and be deemed the rightful purchaser and owner in fee simple of or legally entitled to such lands, premises, lands covered with water, waters, water courses, water privileges or easements, as the case may be, with the appurtenances, if the said award be for the purchase price or value thereof, or otherwise the tenant thereof for such time as in such award set forth; and in case the owner, proprietor or party entitled to such land, premises, land covered with water, waters, water courses, water privileges or easements, neglects or refuses to appoint an arbitrator within twenty days after due notice and request as aforesaid, or in case any such owner, proprietor or party entitled cannot be found, or is absent and has no known agent residing in the province, a Judge of the Supreme Court may appoint such arbitrator, who shall be disinterested and not a resident of the Town of Liverpool. If the Town shall have reason to fear any claims or incumbrances, or if any party to whom money is payable under any such award cannot be found or is unknown, or if for any other reason the Council deem it advisable, the Council may pay such money into the office of the Prothonotary of the Supreme Court for the County of Queens, and a Judge of the Supreme Court may by order direct it to be deposited in some bank, there to remain until by him directed to be paid out to the party entitled thereto, who shall deliver to the Prothonotary aforesaid a copy of the award, and such award or a certified copy thereof under the hand and seal of the said Prothonotary, together with a similarly certified copy of the receipts for the amount awarded, when registered in the office of the Registry of Deeds for the County of Queens, shall thereafter be deemed to be the title of the town of the land, premises, land covered with water, waters, water courses, water privileges or easements therein mentioned. powers and is tures. 3. For the purpose of raising the necessary funds Borrowing for the purposes mentioned in or contemplated by sue of debenthis Act, the town of Liverpool is hereby authorized to borrow upon the credit of this Act, and of the said Town, a sum not exceeding in the whole the amount that may be required for such purposes; that is to say, that may be required to acquire any property or thing in section one of this Act mentioned or to pay any sums that may be required under said or any of said awards, and in that behalf is empowered to make and issue from time to time, or at any time, debentures of the Town for an amount not exceeding in the whole the total amount required for the purposes in this Act mentioned; that is to say, that may be required to acquire any property or thing in said section one of this Act mentioned, or to pay any sums that may be required under said or any of said awards, when and in case such expenditure or the payment of such amount for such purposes shall have been approved by a majority of the ratepayers at a public meeting of the ratepayers of said Town, convened under the provisions of the Towns' Incorporation Act, and amendments thereto, for considering and approving such expenditure or payment in manner as provided by said Act and amendments, and in conformity with the provisions of sections 143, (1), (2) and (3) and 144 (as amended) thereto, and the said debentures so issued shall be a charge upon all real and personal property in the said Town. 4. how issued. The debentures to be issued under authority Debentures, of this Act shall be for sums of one hundred dollars each or for any multiple of one hundred dollars, and shall bear interest at a rate not exceeding four and a half per centum per annum, payable half-yearly, and shall be redeemable at a period or periods not exceeding thirty years from the date of issue thereof, and the provisions of "The Municipal Debentures Act, 1902,'' and the amendments thereto, shall apply |