Be it therefore enacted by the Lieutenant Governor, Council and Assembly as follows:

missioners to

porate.

1. That three persons shall be elected by Three Com. the citizens of the said City of Charlottetown, be a body corin manner and form, as hereinafter by this Act provided for, and that they and their successors shall be a body corporate under the name of "Water Commissioners for the City of Charlottetown," and shall have all the powers necessary to enable them to build, design, construct and maintain the water-works hereinafter mentioned, and all buildings and appliances connected therewith, and to entirely manage and control the same, and to carry out all and every the powers and duties conferred on them by this Act, and for that purpose to make, and enact, and enforce all by-laws and ordinances for the due carrying out all the purposes and

intentions of this Act.

Duty and

2. It shall be the duty of the said Water Commissioners to examine, consider and decide, powers of upon all matters relative to supplying the said ers. City of Charlottetown with a sufficient quantity of pure and wholesome water for the use of the said city and its inhabitants, for all purposes, and also to build and construct the necessary water-works, reservoirs, buildings, machinery, and other appliances requisite for this said object, and to improve, secure, maintain, and enlarge any of the said works from time to time, as to the said Water Commissioners for the time being may see meet. The said Water Commissioners shall have power to employ engineers, surveyors, and all such other persons, and to rent or purchase such lots, lands, ease

of Commiss

formance

of

ments, privileges, water rights, buildings and property as in their opinion may be necessary to enable them to fulfil their duties under this Act.

3. For the proper performance of their duties, and in order to ascertain the best and most preferable localities and sites for the purAuthority poses of the said water-works, and all other ioners in per rights and privileges necessary for their contheir duties. struction and operation, it shall be lawful for the said Water Commissioners and their engineers, surveyors, servants and workmen, as aforesaid, to enter into and upon the lands of any person or persons, bodies politic or corporate, in the City of Charlottetown, or within twenty miles thereof, and to survey and examine the same for preliminary purposes, and to test the volume of water therein, or connected therewith, and make all measurements thereof, and to dig or bore the soil thereof, and sink wells, and to do any other matter or thing therein necessary to enable them to decide as to the suitableness in their discretion of such site or property for the purposes of the construction of the said water works, and if any damage or injury shall arise to the owner or owners of such lands or water privileges, or to any person having an estate or interest therein, in consequence of any such entry, survey, test or measurement, or disturbance of the soil therein, such damages shall be paid by the said Water Commissioners to the parties entitled to receive the same, and in case of disagreement as to the amount thereof, the same shall be settled by arbitration in like manner as is by this Act provided in the cases of purchase money of lands and damages arising to lands and

water privileges in the construction of the said water-works: Provided always that all such entries and preliminary surveys and tests in this section mentioned shall be lawful and permissible before any amount of compensation or damages shall be claimed by or paid to any owner of the land or other property mentioned in this section, and also it shall and may be lawful for the said Water Commissioners, their agents, servants, and workmen appointed as aforesaid from time to time and at all such times hereafter as they shall see fit, and they are hereby authorized and empowered to enter into and upon the land of any person and persons, bodies politic or corporate, in the said City of Charlottetown, or within twenty miles of the said city, and to survey, set out, and ascertain such parts thereof as they may require for the purposes of the said water-works, and also to divert and appropriate any springs, streams, lakes, or bodies of water as they shall judge suitable and proper, and to sink wells and make excavations in order to obtain water by filteration or percolation, or from subterranean streams, and for the construction of such works as may be necessary, and to contract with the owners or occupiers of the said lands and those having an interest or right in the said water or waters for the purchase thereof, or any part thereof, or of any privilege that may be required for the purposes of the said Water Commissioners and for the right to take all timber, stone, gravel, sand, and other materials from the same or adjacent lands for the use and construction of the said works, and in case of disagreement between the said Water Commissioners and the owners or occupiers of the said lands, or any person having an interest in

the said water or the natural flow thereof, or any such privilege or privileges, right or rights, as aforesaid, respecting the amount of purchase money or value thereof, or as to the damages such appropriation shall cause to them or otherwise, or as to the amount of damages arising through the construction of any dam, the same shall be decided by three Arbitration. arbitrators to be appointed as hereinafter mentioned, namely, the Water Commissioners shall appoint one, the owner or owners shall appoint another, and the such two arbitrators shall within ten days after their appointment appoint a third arbitrator, but in the event of such two arbitrators not appointing a third arbitrator within the time aforesaid, one of the Judges of the Supreme Court of Prince Edward Island shall, on application of either party, appoint such third arbitrator.

when owner,

&c.

4. In case such owner or occupier shall be Procedure an infant, married woman or insane, or absent &c., an infant, from this Province, then it shall be the duty of one of the Judges of the Supreme Court of Prince Edward Island, on application being made to him for that purpose by the said Water Commissioners, to nominate and appoint three indifferent persons as arbitrators. The arbitrators to be appointed as hercinbefore mentioned, shall award, adjudge, and order the respective sums of money which the said Water Commissioners shall pay to the respective persons entitled to receive the same, and the award of the majority of the said arbitrators shall be final, and the said arbitrators shall be and they are hereby required to attend at some convenient place at or in the vicinity of

the said city, to be appointed by the said Water Commissioners, after eight days notice given for that purpose by the said Water Commissioners, then and there to arbitrate and award, adjudge and determine, such matters and things as shall be submitted to their consideration by the parties interested, and each arbitrator shall be sworn before some one of Her Majesty's Justices of the Peace in and for the said City of Charlottetown, or Queen's County, any one of whom may be required to attend the said meeting for that purpose well and truly to assess the value or damages between the parties to the best of his judgment; Provided always that all awards to be made under the provisions of this Act shall be filed in the office of the Prothonotary of the Supreme Court within twenty days after the Awards to making thereof, and that any such award shall be subject to be set aside or referred back to the same arbitrators on application to the said Supreme Court, or a Judge thereof, within a period of thirty days after the filing thereof, on the same grounds as in ordinary cases of arbitration, in which case a reference may be again made as hereinbefore provided, or referred back to the same arbitrators to arbitration.

be fyled.

awards.

5. And the said Water Commissioners shall pay and satisfy to the parties entitled to Payment of receive the same, or deposit in the said Supreme Court as the said Court or a Judge thereof may order. the full amount of such award or valuation, together with the costs and expenses attending the same: Provided always that in all cases of infants, married women, insane or absent persons as aforesaid, payment of the