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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 men

tioned, 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.

4. In case such owner or occupier shall be when owner, 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 bAwards 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 refêrred back to the same arbitrators to arbitration.


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

amount so awarded shall only be made to such persons in such manner, and on conditions, and under such orders and direetions as shall be made by one of the Judges of the said Court, who shall have all necessary discretion and full power and authority to regulate the mode of procedure in the matter of such appraisement, and as to awarding and settling costs, and as to all notices to be served on all parties interested, and the mode of such service, and to examine all witnesses viva voce, or by affidavit, and to make all orders in the premises as shall be deemed meet and proper, and any sum so awarded shall be paid either to the party or parties entitled to receive the same, or into the said Prothonotary's office of the Supreme Court in manner aforesaid, within three calendar months from the date of any final award or order of the said Court or Judge to pay the same, and in default of such payment, the said proprietor may resume the possession of his or her property, and all his and her rights shall thereupon revive until the amount awarded to him or her shall be paid in such manner and with such interest as a Judge of the Supreme Court aforesaid shall determine and order.

Registry of Plans, &c.

6. And it shall be the duty of the said Water Commissioners, and they are hereby required within thirty days from the time and date when they shall have taken and appropriated any land, ponds, or streams of water for the purposes of this Act to file and register in the office of the Registrar of Deeds and Keeper of Plans for this Island, a plan and description thereof, describing the same with metes and bounds as is required in a common conveyance of lands, and a statement of the purposes for which they were taken, which plan, description and statement, shall be signed by the said Water Commissioners, or one or more of them, and sealed with their seal of



7. The lands, privileges and water, which shall be ascertained, set out, or appropriated by the said Water Commissioners for the purposes thereof as aforesaid, and a plan of which shall be filed in the office of Registrar of Deeds and Keeper of Plans for this Island, in manner as by this Act provided, shall there. Lands, &c., upon and forever thereafter be vested in the City Corpora Corporation of the said City of Charlottetown and their successors; and it shall and may be lawful for the said Water Commissioners and their successors to construct, erect, and maintain in and upon the said lands all such reservoirs, water works, and machinery requisite for the said undertaking, and to sink wells and to convey the waters thereto and therefrom in, upon, or through any of the grounds and lands lying intermediate between the said reservoirs and water-works and the springs, streams, rivers, lakes or wells from which the same are procured and the said City of Charlottetown by one or more lines of pipes as may from time to time be found necessary and for the better effecting the purposes aforesaid, the said Water Commissioners, their successors and servants, are hereby empowered to enter and pass upon and over the said grounds and lands

Tu intermediate as aforesaid, and the same to cut tiem and dig up if necessary, and to lay down the said pipes through the same, and in, upon, over,

under and through the highways and roads of and in the County of Queen's County, whereever they deem it necessary for the purpose of the said water works, doing no unnecessary damage or iujury thereby, ani making good the surface of the soil in the saine state as it was before any such disturbance or digging thereof and in, through, over, and under the public ways, streets, lanes, or other passages of the said City of Charlottetown, making good the same as aforesaid, and in, upon, through, over or under the lands, grounds, and premises of any person or persons, bodies corporate, politic or collegiate whatsoever, and to set out, ascertain, use and occupy such part or parts thereof as they the said Water Commissioners or their successors shall think necessary and proper for the making and maintaining of the said works, or for the opening of new.streets required for the same, and for the purchasing of any lands required for the protection of the said works, or for preserving the purity of the water supply, or for taking up, removing, altering or repairing the same, and for distributing water to the inhabitants of the City of Charlottetown, or for the uses of the Corporation of the said city and its suburbs, or of the proprietors or occupiers of the land through or near which the same may pass; and for this purpose to sink and lay down pipes, trunks, reservoirs and other conveniences, ard from time to time to alter all. or any of the said works, as well in the position as in the construction thereof as to the said Water Commissioners or their successors shall seem meet, doing as little damage as may be in the execution of the powers hereby granted to them, and making reasonable and

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