An Act to provide for supplying the Town of Dartmouth with Water.
(Passed the 4th day of April, A. D., 1876.)
SECTION.
Preamble.
1. Town Council to proride water supply.
2. Council to employ engineer to make surveys, &c.
3. Warden, &c., may enter upon lands for purposes of Act.
4. Assessment of damages.
5. Expense of pipes
6. Owners, &c., of property, to be assessed for water rates.
7. Persons about to build to give notice to Town Clerk.
8. Council may appoint engineer, &c.
9. Assessments-how recovered. Proviso.
10. Distress warrants.
11. Proceedings to obtain lands.
12. Powers of Judge under this Act.
13 Upon payment of sum awarded, Town to be deemed owners of land.
14. Appropriation of moneys, &c.
15. Estimate of deficiency.
16. Protection of council &c.
17. Debentures confirmed.
18. Rates to be paid in advance.
19. Collection of rates.
20. Water may be turned off for non-payment of rates.
21. Council may make bye-laws, &c., for regulating water supply.
22. Interest on debentures.
23. Meaning of terms.
Preamble:
Whereas, at a Public Meeting of the Rate-payers of the Town of Dartmouth, held on the twenty-eight day of April, in the year One Thousand Eight Hundred and Seventy-Four, a resolution was passed authorizing the Council to issue debentures for a sum not exceeding Eight Thousand Dollars, to purchase Lamont’s Lake, or any other Lake, to add to the efficiency of the Fire Department:
Anil Whereas, on the twenty-seventh day of April, in the year One Thousand Eight Hundred and Seventy-Five, at a Public Meeting of the Rate-payers of such Town, an additional sum of Twenty-Five Thousand Dollars, was voted for Water purposes to be raised by the issuing of debentures.
Be it therefore enacted by the Governor, Council and Assembly, as follows:
Town Council to provide water supply:
1. Immediately after the passing of this Act, it shall be lawful for the Town Council to provide for the Town of Dartmouth, a sufficient supply of Water, for domestic, fire, and other purposes; and such Council are hereby empowered and authorized to construct such works, to lay such pipes and to do all such things as may be necessary to afford an efficient supply of Water for the several purposes contemplated by this Act.
Council to employ engineer to make surveys, &c.:
2. The Council shall employ a competent Engineer, to make surveys and plans of the Streets within the Town of Dartmouth, showing the surface of the Streets as now existing, and the permanent levels to be hereafter made, which levels when approved by the Council, shall be and remain the permanent levels, the plans shall be filled in the office of the Town Clerk, and copies in the Provincial Secretary’s office, as public records of the same, provided that if the surveys and plans of the Town already made, be sufficient for the purposes herein contemplated no additional surveys or plans shall be made or deemed necessary under this Section.
Warden, &c., may enter upon lands for purposes of Act, &c.:
3. In the laying down, construction, repairing and alteration of any main or service pipes, the Warden, Councillors, or any or either of them, and their Engineer, Superintendent, Servants, Agents or Workmen, shall have full power, and they are hereby authorized from time to time, as occasion may require, to enter upon any lands and tenements, both within the Town and outside the same, along or near the line of construction to the head waters of such Water Supply, whether such lands and tenements be inhabited or otherwise, and may remain thereon, as long as they may deem requisite, for the proper execution of the work, and may make all such excavations on the premises as may be expedient, and take up and remove any floors, timbers, planks, or any walls, fences, or erections, whatsoever, doing no unnecessary damage to the same, and carefully replacing the same, upon the requisite work being performed. Provided that no such entry shall be made between the hours of sunset and sunrise, nor without the permission of the owner, or the occupant being first requested, but the refusal of such person shall not prevent delay or obstruct the execution of the work.
Assessment of Damages:
4. In the event of any damage being done, in the execution of the Works, the party sustaining such damage shall be entitled to receive such compensation, as shall be mutually agreed upon; and in case no such agreement can be made, at the request in writing of such party, it shall be the duty of the Warden, or Recorder, to issue a warrant commanding any constable of the town to summon a jury of five disinterested free-holders or occupiers of land in the town, being tax-payers, to assess the damages to be paid to the party legally entitled thereto, which jury shall be sworn before the Warden or Recorder, at such inquest ; and the verdict shall be binding and final, and conclusive between the party complaining and the town; and the amount so assessed shall be paid within sixty days thereafter. The costs of such inquest shall be taxed or allowed by the Warden or Recorder, at the same rate as in cases of ordinary inquests before Sheriffs, and shall be equally borne by the town and the complainant, whose moiety thereof shall be deducted and retained out of the amount of damages assessed.
Expense of pipes:
5. The service pipes for water supply to houses, buildings, or establishments, shall be carried from the main to the side line of the street, at the public expense, when requested by notice in writing from the owners of any houses or buildings opposite to which a main is laid ; and all beyond that distance at the expense of the owner or lease-holder for renewable terms, lease-holders for life, or term exceeding five years, of the premises so supplied.
Owners, &., of property to be assessed for water rates:
6. Whenever good and sufficient mains for the supply of water to dwellings, or other houses, or establishments, shall be laid ready for use within the town, the owners in fee, or leaseholders for renewable terms, or for life, or terms exceeding five years, of any lands or tenements, through or alongside which such mains shall pass, shall, whether the water be taken or used on the premises or not, be respectively assessed for the same in each year, on a scale to be fixed and determined by the Council, due regard being had to the value and mode of occupation of the premises, and probable consumption of water in each case, except steam mills, manufactories, baths, and hotels, which shall be rated by agreement with the parties; in which scale. the lots or premises assessed, whether occupied or vacant, shall be numbered, and the rates assessed on each set down; and a copy of such assessment shall be filed in the office of the Town Clerk. In case no agreement can be made with regard to the supplying steam mills, manufactories, baths, and hotels, they shall be assessed and rated in the scale so to be fixed by the Council. If any person shall think himself aggrieved by any assessment under this Act, it shall be lawful for him to appeal to the Council ; and the assessment may be amended in accordance with such order as may be therein made. Provided that every such appeal shall be made within thirty days after the notice of the amount assessed shall have been made upon the party so appealing, such decision of the Council shall be final and conclusive.
Persons about to build to give notice to Town Clerk:
7. Any person intending to build or erect any dwelling house, or building, in any street of the town, shall, before proceeding with the work, give notice in writing to the Town Clerk, of such intention, in order that the water supply may be provided, during the progress of the work, and in case of neglect to give such notice, the party so neglecting shall forfeit and pay a penalty of Twenty Dollars; and the Council may, if they shall see fit, proceed to execute the works upon the premises at his expense, the costs of which, together with the penalty, shall be recovered in manner hereinafter provided.
Council may appoint engineer &c:
8. The Council shall appoint, dismiss, reappoint and supply, from time to time, as may be requisite, an Engineer, as hereinafter provided, who, in addition, shall be, and perform the duties of, Superintendent of Water Supply, and shall appoint and dismiss such other officers, servants, or agents as may appear necessary, with such reasonable compensation to each as shall appear adequate and proper.
Assessments – how recovered, Proviso:
9. The Assessments to be made under and by virtue of this Act, as well as the penalties which may from time to time be how incurred under this Act, shall be binding upon the respective lands and tenements specified in the Scales of Assessment, as well as on the respective owners and parties therein mentioned, and the same shall be recovered, with all incidental charges and expenses, by distress and sale of any goods and chattels of the owners, proprietors, or such lease holders found upon the premises ; and in case of deficiency of such goods and chattels to satisfy the same, it shall be lawful for the Council to sequester and take, and hold possession of such premises until such deficiency is made good, and to collect, receive, appropriate and apply the rents and profits of such lands and premises in payment of the same.
Provided always that no such distress or sequestration shall be proviso. made until the expiration of thirty days after a demand in writing, signed by the Town Clerk, of the monies due in such case, shall have been served upon the owner, occupant, or person appearing to be in charge of the premises for the time being, and in case the same shall be vacant or unoccupied, then no such distress or sequestration shall be made until such demand shall have been advertised in one or more of the newspapers published in the City of Halifax, for four consecutive weeks, prior to such distress or sequestration.
Distress Warrants:
10. For the recovery of rates and assessments, and of all arrears, it shall be lawful for the Warden or Recorder, or any two of the Councillors to issue distress warrants and sequestration orders, under his or their hands, from time to time, in such form as he or they may determine, briefly reciting the amount to be levied in each case, and that such previous demand has been made as hereinbefore prescribed ; and all sheriffs, constables and other peace officers are hereby required to execute such warrants and orders.
Proceedings to obtain lands:
11. Whenever it shall be necessary for the securing the necessary supply of Water, the laying down, or the placing of any reservoirs, tanks, fountains. pipes, leaders, or tubes, or for any purpose whatever under this Act, that the Town should be invested with the title or possession of or in any lots or parcels of lands and premises situate anywhere outside the corporation limits, it shall and may be lawful for the Council in case they cannot agree with the proprietors of such lands, respectively, for the sale or lease thereof as may be required, to apply to one of the Judges of the Supreme Court, by petition, stating the nature and situation of the lands and property, and the estate or interest therein they desire to acquire, and the proceedings had. with respect to the same, the names and abodes of the owners, proprietors, and tenants thereof, respectively, so far as they can be ascertained, and praying for the appointment of appraisers to value the property and estate, and the interest therein, so required by the Town, and praying also the transfer and conveyance thereof to the Town, whereupon the Judge shall appoint a time, and place, for considering such petition, and shall direct to be given to all parties interested, who may have their abode in this Province ; or in case of the absence of any such parties, then to the persons, entrusted with the care, management, or control of such property respectively, proper notices, in writing, requiring the parties interested respectively to attend before him in person, or by their attorneys, or agents, at the time appointed for that purpose ; and, at the time so appointed shall require the Town to nominate one appraiser, and the party or parties interested in each particular lot, to nominate also one appraiser, which two appraisers shall forthwith, on being appointed, and before entering upon their appraisement, appoint a third appraiser, who shall act only in case of a difference of opinion between them, and the Judge shall, by an order in writing, constitute and appoint the persons so chosen, to be appraisers of the value or rent, as the case may be ; and in case the parties so notified, fail to attend at the time and place appointed, or neglect or refuse to name an appraiser, as aforesaid, the Judge shall name one or more fit and discreet persons, as the case may require, to act on behalf of the person or party or parties so failing to appear, or declining or neglecting to make such nomination, as aforesaid, and the persons so named or chosen shall, before they enter upon the duties of their appointment, severally subscribe an affidavit to be sworn before a Commissioner of the Supreme Court, faithfully and impartially to perform the trust and duties so required of them, by the order of the Judge; which affidavit with such petition shall be filed in the office of the Prothonotary of the Supreme Court at Halifax, and such two appraisers, or in case of disagreement, any one of them, with such third appraiser to be appointed, shall make a just and equitable valuation and appraisement, of the fair and reasonable value in money of the fee simple and inheritance of each several lot or parcel of land, in such petition referred to and applied for, or of the just and fair annual rent, or gross sum which ought to be paid for the lease thereof; and shall certify and return their award, appraisement, and determination in writing, touching the value, price, or rent, aforesaid, and of each several lot under their hands, into the office of such Prothonotary, whereupon, if the Supreme Court of Halifax, in term time, or any Judge thereof in vacation, shall be of opinion that the award and valuation shall have been fairly, equitably, and impartially made; and if no sufficient cause shall be shewn against such award and valuation, the Court or Judge shall confirm the same, and thereupon such town shall pay and satisfy to those entitled to receive the same, the full amount of such award or valuation, together with such costs and expenses as the Court or Judge shall deem it reasonable to adjudge, to be paid by the town.
Powers of Judge under this act:
12. The Judge as provided in the next preceding section, or the Supreme Court in term time, shall have with respect to the proceedings, touching such appraisement, and estimation of damages, by means aforesaid, and with respect to the allowance or taxation of costs, to or against the parties, all necessary discretion, power, and authority, and shall and may enquire into the proceedings by oath of witnesses or otherwise, and shall and may also on good cause shewn, set aside any such award and appraisement, and either direct such appraisers again to view, estimate, and decide upon the value of such land yearly or otherwise as aforesaid ; or otherwise, if it shall be deemed expedient, shall and may nominate other appraisers, and make an order for their making a new appraisement, and valuation of the same, respectively; and the appraisers so nominated shall be sworn as aforesaid, and the award or appraisement so by them made, and returned in writing, when approved and confirmed by the Court or Judge aforesaid, shall be final between the parties, and may be carried into effect accordingly. The award made on such second appraisement, shall be final, and conclusive to all intents whatsoever.
Upon payment of sum awarded town to be deemed owners of land:
13. Immediately upon the payment of the sum awarded, and the costs being made, as aforesaid, for any lot or parcel of town to be her inland referred to, in any such Petition, the Town shall be, and land be deemed the rightful purchasers, and owners of the fee simple, and inheritance of such lot or parcel of land, with the appurtenances, if the said award be for the purchase thereof, or otherwise, the tenant thereof for such term, as in such petition or award, may be set forth ; and thereupon, upon application of the Town, it shall and may be lawful for the Court or a Judge, on proof made of such payment by any order or orders, to be made in the matter of such petition, to require the party or parties in possession of, or claiming title to any lot or parcel of land for which such payment has been made or tendered, to deliver up possession of the same to the Town, or to authorize the Town by its Town Council, and officers and servants to enter into such lot and to retain such possession, and further, if need be, by the order or orders of such Court or Judge, to require and direct any such persons, so interested in any such lot, or land so valued, and paid for, or for which the amount awarded has been tendered as aforesaid, or in case of their absence from the Province, then the person in charge thereof, as aforesaid, to make, sign, seal and execute, all such deeds, grants, conveyances or demises, as may be necessary for the purpose of conveying or demising the same to such Town; and in the case of neglect or refusal on the part of any person or persons, to comply with any such order, then, as the case may require obedience to, and compliance with the same, shall be enforced by the usual process therefor, to be issued by the Court or Judge.
Appropriation of moneys:
14. The monies accruing from the annual income of water supply, together with all monies arising from such local assessment, and any payments as are hereinbefore mentioned, shall be appropriated and applied in the first place to discharge the current expenses to be incurred in the execution of the trusts and duties, required by this Act; und in the next place toward the payment of interest on debentures issued for water supply, before and since the passing of this Act; and in case the whole income shall not be sufficient for the purposes before mentioned, the deficiency shall be made good and supplied by general
assessment, as hereinafter prescribed.
Estimate of deficiency:
15. A careful estimate shall be made in each year of the amount or sum of money, which may be required to make good such deficiency, as in the next preceding section mentioned, and shall on or before the first day of April in each year, be submitted in writing to the Council, to be included in the estimates in the current year.
Protection of Council &c.:
16. The Council and their officers and servants acting under this Act, shall have the like protection in their respective offices, and in the execution of their duties, as Justices of the Peace now have, under the laws in force at the passing of this Act.
Debentures confirmed:
17. All debentures heretofore issued, or hereafter to be issued for, water supply, are hereby confirmed and authorized, and the land, funds, revenues and property of the Town are held bound for the repayment of such debentures and interest.
Rates to be paid in advance:
18. The water-rates payable to the Town, shall be paid in advance at the office of the Town Clerk, commencing on the first day of May in each year.
Collection of rates:
19. After the first day of June in any year, should the water-rates or monies for water, of any of the inhabitants, not be paid in advance ; but remain unpaid, the Town Treasurer is hereby authorized to issue warrants of distress, or to commence actions in any court, to enforce and compel payment of such rates or monies; and whenever the amounts claimed are within the jurisdiction of the Municipal Court of the Town, the same may be sued in such Court, in the name of the Town, as in case of ordinary debt. The Treasurer’s certificate in writing shall be presumptive evidence of the rate being due and unpaid, and shall be sufficient to entitle the Town to a judgment without further proof; unless a good and just defence can be made to such action.
Water may be turned off for non payment of rates:
20. The Council are hereby authorized to direct the water may be turned off for non-payment of water-rates, or of any violations of the Acts or Bye-laws, respecting the water or waterworks of the Town.
Council may make bye laws &c., for regulating water supply:
21. The Council shall have full power to make Bye-laws, Rules and Regulations, as to them shall seem requisite and &c., for regulating the supply of water, and the payment and collection of water-rates, and the manner and form of issuing warrants therefor, and for preventing any person supplied with water, from wasting, vending or improperly disposing of the same; and also regarding every matter or thing which may be necessary or expedient to regulate or direct the carrying out the purposes of this Act, and in order to secure to the inhabitants of the Town a continued and abundant supply of pure and wholesome water, and to prevent frauds being practised, and may enforce observance of such Rules, Regulations and Bye-laws by attaching penalties thereto, which may be recovered in the Police Court of the Town, provided the penalty in any one case shall not exceed forty dollars or three months imprisonment, at hard labor, in the County Jail, and from which there shall be no appeal, except by writ of certiorari to the Supreme Court.
Interest on debentures:
22. The money which may be required to pay the interest upon the debentures already issued for water supply, and those debentures to be hereafter issued for like purpose, shall be annually assessed upon the rate payers of the town by the Council, and shall be included in and form part of the general assessment, and shall be collected in like manner, as the general assessment for town purposes is collected.
Meaning of terms:
23. In this Act the term “Council” shall be construed to Meaning of mean the Town Council of Dartmouth ; and the term “ Town” to mean the Town of Dartmouth in its corporate capacity.
“To provide for supplying the Town of Dartmouth with Water”, 1876 c43