shall nominate and appoint fit and proper persons to hold the said election and act as returning officers in the several wards of the city. which person shall have the same power and authority and be governed by the same laws and mode of procedure subject as aforesaid, and as hereinafter mentioned, as in the case of election for Mayor of the said city.

41. Each Water Commissioner shall be Qualifications possessed to his own use of a legal or equitable of Water Com-freehold or leasehold, or partly freehold and

missioners.

Who entitled to vote.

How election held.

partly leasehold, within the said City of Charlottetown, of the value of one thousand dollars over and above all incumbrances, and shall before such election make oath to such qualification before some Justice of the Peace or Notary Public residing in the said City of Charlottetown, and those persons only who would be entitled by law to vote for Mayor of the said City of Charlottetown, in cases of his election shall be entitled to vote for the said Water Commissioners. The returning officer shall hold such election in all respects as in cases of election for Mayor of the said City of Charlottetown, and all the laws and ordinances in force at the time of such election that relate to the election of mayor, shall apply to and be carried out in the election of the said Water Commissioners. And the said three Water Tenure of Commissioners so to be elected, shall hold missioners. office for the space of one year after their election, and thereafter until the time appointed by statute for the next annual election of mayor, and thereafter until their successors are clected as hereinafter directed and provided for.

office of com

sioners retire,

filling vacan

42. Within one calendar month next before How commisthe fourth Wednesday in January, Anno and mode of Domni one thousand eight hundred and eighty-cles. nine, the three Water Commissioners shall de

cide among themselves, by lot, which one of gui them shall retire, and on the fourth Wednesday in January, one thousand eight hundred and eighty-nine, or at the time of the annual election of mayor, a Water Commissioner shall be elected in the place of the one so retiring, who shall continue in office for three years; within one month next before the fourth Wednesday in January, one thousand eight hundred and ninety, the two remaining original Water Commissioners shall decide among themselves, by lot, which one of them shall retire, and on the fourth Wednesday in January, one thousand eight hundred and ninety, or at the time of the annual election of mayor, a Water Commissioner shall be elected for three years, in the place of the last one so last retiring; on the fourth Wednesday in January, one thousand eight hundred and ninety-one, or on the day of the annual election of mayor, the remaining one of the original Water Commissioners shall retire, and his successor shall, in like manner, be elected for three years, and thereafter one Water Commissioner shall be annually elected in the place of the one going out by seniority of office, on the fourth Wednesday of January in each year, or on the day of the annual election of mayor, who shall continue in office for three years. The retiring Water Commissioner shall be eligible for re-election in all cases.

Remunera

43. The remuneration of the said Water Commissioners after the election and during tion of com

missioners.

commission

ers.

ers

the construction of the water-works, shall be two thousand dollars per annum, to be divided among them as they shall decide, and that after the works are finished they shall be paid such sum per annum as the said City Council shall vote as their yearly salary, to be similarly divided.

Security of 44. Each Water Commissioner shall give security to the City of Charlottetown, for his honesty and fidelity, in a sum not less than ten thousand dollars in form and manner, to be approved by the City Council; such security may be the personal, bond or bonds of sureties, who shall justify respectively in amount, to be specified in such bond or bonds before a Judge of the Supreme Court, or before the mayor of the said city, or by a policy issued by a guarantee or indemnity company doing business in Canada, to be approved of by the said City Council, or partly by bonds, as aforesaid, and partly by policy as the said City Council may from time to time approve of. No person shall be eligible for a bondsman who cannot justify in two thousand dollars in the least. Each Water Commissioner shall himself join or give a seperate bond to the said City of Charlottetown, for the purposes aforesaid, in at least ten thousand dollars in form aforesaid; but such Water Commissioners shall not be required to justify.

to make

Commission- 45. It shall and may be lawful to and for by-laws, etc. the said Water Commissioners and their successors, and they are hereby authorized and empowered to make such by-laws and regulations not repugnant to the spirit or meaning of this Act as to them shall seem requisite and

necessary for regulating the supply of water and the payment and collection of water rates, and for the preventing any person being occupant, tenant or inmate of any house, or otherwise supplied with water from the said waterworks, from vending, selling or disposing of the water thereof, from giving it away, or for using or applying it to the use and benefit of others, or to any other than to his, her, or their own use and benefit, or from increasing the supply of water agreed for with the said Water Commissioners, or from wrongfully neglecting or improperly wasting the water, as also for regulating the time, manner, extent and nature of the supply by the said works, the tenement or parties to which and to whom the same shall be furnished, the price or prices to be exacted therefor, and each and every other matter or thing relating to or connected there with which it may be necessary or proper to direct, regulate, or determine for issuing to the inhabitants of the city a continued and abundant supply of pure and wholesome water, and prevent the practising of frauds upon the said Water Commissioners with regard to the water so supplied, and to prevent frauds being practiced, and the said Water Commissioners may enforce such by-laws and regulations by shutting off the water, or by proceeding for recovery of any penalty attached to the violation of such bylaws or regulations, provided that such penalties shall not exceed forty dollars, or one month's imprisonment. Any such by-law or by-laws to be passed under the authority of this Act for any of the purposes herein mentioned, signed by the said Water Commissioners, and having affixed thereto their official seal,

Limit of ex

pense to be

commission

citizens' meet

shall be absolute and conclusive evidence of proof wherever offered in any suit or proceeding in any court of law or equity in this Island, not only that such by-law or by-laws was or were legally enacted and passed, but also that every pre-requisite necessary to enable such by-law or by-laws to be enacted or passed was had, and done, and happened, and existed, and no further or other proof than the mere production of such by-law or by-laws shall be necessary to make it or them such evidence as aforesaid.

46. That the Commissioners in performing incurred by the duties and exercising the powers conferred ers before upon them by this Act shall not incur expenses exceeding three thousand dollars before calling a meeting of the citizens in manner prescribed by the 48th section of this Act.

ing.

Tenders for

of works.

47. That whenever the said Water Comconstruction missioners shall think fit, they may call for tenders for the construction of the water-works when and in such manner as the Water Commissioners may determine, but such calls for tenders shall embrace the following particulars:

(a) For what amount the work will be constructed to be owned by the city. (b) For what annual subsidy a private company will supply the said city for fire purposes and for watering the streets with eighty frost proof hydrants having a pressure sufficient to throw water to a height of at least sixty feet in every part of the city, but these directions shall not prevent the Commissioners from requiring other and further particulars that they may deem proper.