any work thereon until the amount to be paid for or in respect of such property is ascertained by arbitration or otherwise and is paid or tendered to the parties entitled thereto or is paid into court for their benefit.

works

11. The company shall locate and construct its gas or water Location of works or electric or telephone system and all apparatus and appurtenances thereto belonging or appertaining or therewith connected and wheresoever situated so as not to endanger the public health or safety. C.O., c. 61, s. 96.

powers of

12. Nothing contained in this Ordinance shall authorise Limitations of any company or any person acting under its authority to take, company use or injure for the purpose of the company any house or other building or any land used or set apart as a garden, orchard, yard, park, paddock, plantation, planted walk or avenue to a house or nursery ground for trees or to convey from the premises of any person any water already appropriated and necessary for his domestic uses without the consent in writing of the owner or owners thereof first had and obtained. C.O., c. 61, s. 97.

13. Nothing in this Ordinance shall authorise any company Privileges of to interfere with or infringe upon any exclusive privilege granted other companies to any other company. C.O., c. 91, s. 98.

rights

14. Nothing in this Ordinance contained shall prevent any Individual person from constructing any works for the supply of gas, water or electricity or for a telephone system to or on his own premises. C.O., c. 61, s. 99.

from distress

15. Neither the service nor the connecting pipes, wires or Exemption conductors of the company nor any meters, lustres, lamps, and seizure pipes, gas or water or electric or telephone fittings nor any other property of any kind whatsoever of the company shall be subject to or liable for rent or liable to be seized or attached in any way by the possessor or owner of the premises wherein the same may be or be in any way whatsoever liable to any person for the debt of any person to and for whose use and the use of whose house or building the same may be supplied by the company notwithstanding the actual or apparent possession thereof by such person. C.O., c. 61, s. 100.

supply

line of supply

16. When a company has constructed works for supplying Company to any municipality or municipalities with gas, water, electricity buildings in or telephones and the company is able so to do it shall be the on request duty of the company to supply all buildings situate upon land lying along the line of any supply pipe or wire upon the same being requested by the owner, occupant or other person in charge of any such building.

require security

17. A company before supplying water, gas, electricity, or Company may telephones to any building or as a condition to its continuing to from consumers

Liability for failure of supply not affected

Nonpayment of rates, etc.

Penalties

supply the same may require any consumer to give reasonable security for the payment of the proper charges of the company therefor or for carrying the water, gas, electricity or telephone system into such building.

18. Nothing in the next preceding two sections contained shall be construed so as in any way to affect the liability of any company in respect of damages on account of any failure of supply through mischance, accident or mismanagement but the position of the company in respect thereof shall remain as if the said two sections had not been passed.

PROHIBITION AND PENALTIES.

19. If any person supplied by the company with gas, water, electricity or telephone neglects to pay the rent, rate or charge due to the company at any of the times fixed for the payment thereof the company or anyone acting under its authority on giving forty-eight hours' notice to the persons supplied may stop the supply of gas, water or electricity from entering or being supplied to or disconnect the telephone system from the premises of the person in arrear as aforesaid by cutting off the service pipe or pipes, wires or conductors or by such other means as the company or its officer sees fit; and may recover the rent or charge due up to such time together with the expense of cutting off the gas, water, electricity or telephone as the case may be in any competent court notwithstanding any contract to furnish for a longer time. C.O., c. 61, s. 101.

20. If any person

PENALTIES.

1. Wilfully or maliciously breaks up, pulls down or damages, injures, puts out of order or destroys any main, pipe, engine, waterhouse pipe, plug or other work, wire or conductor or apparatus, appurtenance or dependency thereof or any matter or thing made and provided for use in connection therewith or any of the materials used and provided for the same or ordered to be erected, laid down or belonging to any such company;

or

2. In anywise wilfully does any other injury or damage for the purpose of obstructing, hindering or embarrassing the construction, completion, maintaining or repairing of the said works or causes or procures the same to be done; or

3. Bathes or washes or cleans any cloth, wool, leather, skin, animals or any nauseous or offensive thing or casts, throws or puts any filth, dirt or any nauseous thing in or causes, permits or suffers the water of any sink, sewer or drain to be run or be conveyed into or causes any other annoyance to be done to the water within any reservoir, cistern, pond, source or fountain, from which the water belonging to the company is to be supplied or conveyed; or

4. By any wrongful or improper means increases the supply of gas or water or electricity agreed for with the company; or 5. Wilfully or maliciously damages or causes or knowingly suffers to be damaged any meter, lamp, lustre, wire, conductor, service pipe or fitting belonging to any such company or wilfully impairs or knowingly suffers the same to be altered or impaired so that the meter indicates less gas, water or electricity than actually passes through the same.

Such person shall on summary conviction be liable to a penalty not exceeding $50.

employees of

21. In all cases where the company may lawfully cut off Entry of and take away the supply of gas, water or electricity or dis- premises by connect the telephone system from any house, building or company premises the company, their agents or their workmen upon giving forty-eight hours' previous notice to the person in charge or the occupier may enter into the house, building or premises between the hours of nine o'clock in the forenoon and five o'clock in the afternoon making as little disturbance and inconvenience as possible and may remove and take away any pipe, meter, cock, branch, lamp, fitting or apparatus the property of and belonging to the company; and any servant duly authorised by the company may between the hours aforesaid enter any house into which gas, water, electricity or telephone system has been taken or supplied for the purpose of repairing and making good any such house, building or premises or for the purpose of examining any meter, pipe, wire, conductor, apparatus or fitting belonging to the company or used for its gas, water, electricity or telephone; and if any person refuses to permit or does not permit the servants and officers of the company to enter and perform the acts aforesaid the person so refusing or obstructing shall incur a penalty to the company for every such offence not exceeding $20 and a further penalty not exceeding $4 for every day during which such refusal or obstruction continues to be recovered with costs on summary conviction. C.O., c. 61, s. 102.

fittings, etc.. discontinued

22. Where a customer discontinues the use of the gas or Removal of water or electricity or telephone furnished or supplied by any where service company or the company lawfully refuses to continue any longer to supply the same the officers and servants of the company may at all reasonable times enter upon the premises in or upon which such customer was supplied with gas or water or electricity or telephone for the purpose of removing therefrom any fitting, machine, apparatus, meter, pipe, wire, conductor or other thing being the property of the company in or upon such premises and may remove the same therefrom doing no unnecessary damage. C.O., c. 61, s. 102.

Arbitration

23. Subject to the provisions of section 12 hereof any company where private deeming it necessary or proper to conduct any of its pipes, propert

required

wires or conductors or to carry any of the works of the company through the lands of any person lying within or within ten miles of the municipality within which the operations of the company are to be carried on and the consent of such person cannot be obtained for that purpose the company shall proceed to arbitration under the provisions of The Arbitration Ordinance: such arbitration to be by two arbitrators one to be appointed by each party.

(2) The arbitrators shall determine the questions in dispute between the parties to the arbitration and shall decide as to the necessity or propriety of conducting any of the pipes, wires or conductors or carrying any of the works of the company through the lands of the other party to the arbitration if such party objects to the same being done and if such decision be in favour of the company or if no such objection is made shall adjudge what sum of money shall be paid to the owner of the property to be taken or used for the aforesaid purposes or any of them. C.O., c. 61, ss. 104, 105, 106, 107.

CHAPTER 104.

An Ordinance respecting the exemption from taxation of Beet Sugar Factories.

(Chapter 24 of 1901.)

WHEREAS it is desirable to promote the settlement of vacant lands in the Territories and to induce immigration by encouraging the establishment of factories for the conversion of beets into sugar;

Therefore the Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

to be made by municipality,

1. No assessment shall be made or levied by any munici- No assessment pality, town or village or other corporation possessing powers any of taxation or assessment that may be incorporated, established etc., hereafter incorporated or erected after the passing hereof upon any buildings, machi- for 20 years nery, pipes or conduits or works of any kind actually in use and required for or in connection with the crushing or reducing of beets or their conversion into sugar or other saccharine products until the expiration of twenty years from the date on which this Ordinance shall come into force.

existing

etc.

2. Nothing in this Ordinance shall be construed as affecting Not to affect or curtailing any power of assessment or taxation now possessed municipalities, by any municipality, town or village or other corporation incorporated, established or erected at the date of coming into force of this Ordinance.