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within which such marsh is situate for that purpose, such County Council shall by order divide such parts and portions of marsh land in said Parishes as they consider necessary into districts, distinguishing each district by a namber, describing it by metes and bounds, with an estimate of the supposed number of acres in each.
4. The County Council may constitute two or more divi. sions in such Parish, describing each division by metes and bounds, distinguishing the same by a letter, and sub-divide such division into districts as for a Parish, and may alter or increase the number of divisions or districts.
5. The County Council shall determine the timeand place for the meeting of proprietors of marsh forageneral election of Commissioners of Sewers, and may, on the failure of the proprietors of any division or district to elect on the day appointed, at the request of any proprietor, appoint another day for such election in manner aforesaid.
6. At the time and place fixed by the County Council the proprietors of any district in any Parish or division then assembled may elect one Commissioner: The Commissioners shall hold office for the period of three years; at the expiration thereof a general election shall in like manner be held at the same period of the year, at the same place (unless the day fall on Sunday, when it shall be held on the Monday following) for the same purpose ; and so on at the expiration of every three years.
17. The persons so elected, after being sworn, shall be * The Commissioners of Sewers" for the whole Parish or division in which the districts lie.
8. Ifthe proprietors of any such district fail to elect a Com. missioner, the remaining Commissioners shall act and shall be "The Commissioners of Sewers" for such Parish or district for the period for which they are elected.
9. The senior Justice resident in the Parish where the meeting is being held, shall preside at the meeting for the election of Commissioners; should he refuse or be absent, then the senior Justice of the Parish present; should he refuse,then the majority of the proprietors present shall choose a person to preside at the meeting, such choice to be made from any other Justices present, if any others be so present, and if none be so present, then the said proprietors may
choose a person, not being a Justice, to so preside: The Chairman shall forth with appoint an impartial Poll Clerk, and administer to him an oath (A) truly to enter all votes given at such election : The Poll Clerk shall, under the direction of the presiding officer, truly enter the votes given for each district by the proprietors thereof, in the poll book in the manner prescribed by the form (D) in the Schedule. The meeting shall continue until all the proprietors present have an opportunity to vote, or until six o'clock of the evening of said day, when the poll shall be closed.
10. No person shall be ineligible to be appointed or elected a Commissioner of Sewers under any law relating to Sewers or election of Commissioners of Sewers in the Counties of Westmorland or Albert, or of acting as such Commissioner, by reason of his being at the time of such appointment or election, or at any time during the period for which he may be appointed or elected, a proprietor of, or having any interest in any lands or premises included in any district, dirision of body of marsh lands, or Parish, for which such Commissioner may be appointed or elected
11. Every proprietor of marsh land, male or female, not less than sixteen years of age, may vote at such election, and each proprietor, for the election of a Commissioner for any district, shall have as many votes as he has acres of marsh in the district, exclusive of fractional parts : Should the number of votes be disputed by any other proprietor, the roter shall take the oath (B) in the Schedule ; but no proprietor shall vote upon any bog or marsh unless it yield the annual value of fifty cents per acre, or unless at the time of the election it has been assessed to that amount: Should the number of such votes upon bog or marsh be disputed by any other proprietor, the person claiming to vote shall before such rotes are entered, take the oath (C) in the Schedule, which oaths the presiding officer shall administer.
12. The presiding officer at the close of the poll shall forthwith open the poll book, ascertain the candidates elect, or in case of contest which candidate for any district has the majority of votes : Should two or more candidates have an equal number of votes, he shall then openly by lot determine which of such candidates shall be the Commissioner; in no case shall the election of any Commissioner be deemed void
because a majority of the acres in the district has not been voted on at such election.
13. The presiding officer having ascertained the candidates elect as aforesaid, shall certify the same on the poll book, and the persons so certified shall be the Commissioners for the Parish or division.
14. A copy of a certificate of return of the Commissioners elected, filed in the office of the County Secretary, certified under the hand and seal of his office, shall be prima facie evidence of the regularity and legality of all proceedings up to and at the election of such Commissioners.
15. The Commissioners elected shall be sworn to the faithful performance of their duties as such, by the presiding officer at the election, or by any Justice within one week after his election, or he shall be deemed to have refused the office
16. The oath of office, if administered by the presiding officer, shall be in writing in the poll book, but if by a Justice shall be in writing, and filed with the presiding officer, who shall attach the same to the poll book; which book, certifi cate, and oath, shall by him be forth with transmitted to the County Secretary.
17. Should the person elect die, or refuse to act, the proprietors of the district may apply to the Town Clerk of the Parish, who shall by advertisement in three or more of the most public places in the district, call a public meeting of the proprietors of the district to elect a Commissioner: The election shall be conducted in all respects as previously provided in this part of this Chapter, but the Commissioner elected shall hold office only until the next general election.
18. No rate shall be made without the consent of a majority of the Commissioners ; but one Commissioner so elected may superintend work in progress, and employ workmen for that purpose.
19. When the majority of the proprietors of acres in any district desire to withdraw the same from the jurisdiction of the Commissioners, they shall make application in writing to the County Council, who may allow the same to take effect at such time, not exceeding six nor less than three months, as they may direct; after which time the jurisdiction of the Commissioners over said district shall cease, but all rates made before the date of such order shall be enforced ; and such jurisdiction may be restored by the written consent of the proprietors of a majority of acres therein or by their roting at any election of Commissioners of Sewers.
20. The Commissioners at the expiration of their term, and after the election of their successors, shall deliver up to them all books, accounts aud documents relating to their proceedings while in office; and all rates imposed by them, not collected, shall be valid, and may be enforced by their successors.
21. It shall be lawful for the County Council of the County of Westmorland, by and with the consent and upon the petition of a majority of the proprietors of any portion or district (no: being less than forty acres) of the Marsh land adjoining to and around Bay Verte, and the stream falling into such Bay, or of the Marsh situate in the Parish of Botsford on the easterly side of the Gaspereau River,and running from the Bay Verte shore northerly along said river to the mouth of Timber River, known as “' Berrage Point Marsh,” to divide and lay off such Marsh lands into districts or bodies of not less than forty acres each, the same to be distinguished by numbers; and the proprietors in each such district shall have the same power and authority as to the election of Commissioners of Sewers or otherwise as are given by this Part of this Chapter to the proprietors of two hundred acres of any other Marsh land in the said County.
PART III. DIVISION OF MARSH LANDS AND ELECTION OF COMMIS
SIONERS, IN THE PARISH OF SACKVILLE. 22. The Marsh land in the Parish of Sackville shall consist of seven districts, as follows:-Ram Pasture Marsh, to be district number one ; West Coles' Island Marsh, and East Coles' Island Marsh or Sunken Island Marsh, number two; the new and old West Marshes, number three; Bear Island Marsh, and Middle Village Marsh, number four; Spectacle Island Marsh, and Dixon's Island Marsh, number five ; the East Marsh, with the bogs and low lands lying to the northward and westward thereof, number six; and King's Marsh, number seven.
23. Districts, one, two, three, four, five, and seren, shall each elect one Commissioner, and district number six, two Coromissioners.
24. The proprietors of that body of marsh situate in Sackville above the Aboideau,known and distinguishedas“Frosty Hollow body of Marsh," and the proprietors of that body of marsh lands situate in Sackrille and known and distinguished as the “Upper Mill Creek body of Marsh," shall each appoint one Commissioner of Sewers.
25. If the proprietors of any marsh land in Sackville, containing not less than two hundred acres, not included in the division named in Sections twentytwo and twentyfour of this Chapter, desire the superintendence of a Commissioner,they shall make application in writing to the Town Clerk of the Parish, to call a public meeting of the proprietors to elect a Commissioner: The said Clerk shall give ten days notice of such meeting to be held in the Parish, by advertising the same in six or more of the most public places in the Parish : The election shall be conducted in all respects as provided for in this Chapter: The Commissioners elected and sworn in shall continue in office until the then next general election of Commissioners, when they shall be elected as other Commissioners of Sackville.
26. On the third Tuesday in April in every third year from the third Tuesday in April which was in the year of our Lord one thousand eight hundred and fifty nine, between eight and nine o'clock in the forenoon, the proprietors of the said districts shall meet at or near the residence of William Kinnear, (at the Four Corners), in the said Parish of Sackville, for the purpose of electing Commissioners.
27. The provisions of Sections seven to twenty, both inclu bive, shall, as far as consistent with this part of this Chapter apply to the election of Commissioners of Sewers in Sackville, and to their qualification, rights, powers, duties, and liabilities, as fully as though they were made part of this Part of this Chapter, and herein enacted in regard thereto ; provided, that the provisions of Section eleven, regarding bog and marsh lands, shall apply to district number six alone, and only the proprietors of district number six shall be required to take oath (C).
28. The Commissioners elected for the said districts shall, when sworn, be the Commissioners of Sewers for all the said districts, and shall continue in office for three years.