Sale of land authorized. purposes of a normal school: that the provision contained in the said letters patent as to the said three acres, two roods and eleven perches, was inserted therein at the request of the said municipal council for the purpose of enabling them, in the event of there being, (as at the time the said purchase was made, was believed to be contemplated,) a Provincial Normal School, established and erected at the said city of London, to provide a suitable site therefor: that the said contemplated object cannot be carried out, and that the said municipal council are desirous of obtaining authority to sell the said lands and to apply the proceeds of the sale thereof in constructing sewers, or for such sanitary or other purposes as the said municipal council may deem expedient, and have prayed that an Act may be passed to enable them so to do, and it is expedient to grant the prayer of the said petition; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. So far as the Legislature of Ontario has authority so to enact, the said corporation of the City of London is hereby authorized and empowered to sell, absolutely dispose of, and convey the said block, tract, or parcel of land, which is described in the said letters patent, as "that certain parcel or tract of land, of an oblong figure, formerly occupied by the Royal Artillery Barracks, Commissariat, and other buildings, bounded northwesterly by Bond street produced, south-easterly by Duke street, to the south-west by Wellington street, and north easterly by Waterloo street, containing by admeasurement six acres and eleven perches, more or less," and which may be better described and known as that block of land in the said city of London, bounded on the north by Bond street, on the east by Waterloo street, on the south by Dufferin avenue, formerly called Duke street, and on the west by Wellington street, excepting the easterly two and one-half acres thereof, freed and discharged from the trust created by the said letters patent, and so far as the same is within the legislative authority of the Legislature of Ontario, from all claims and rights whatsoever Application of of Her Majesty and her successors, and to apply the proceeds proceeds of of the sale of the said lands in constructing sewers in the said city of London, or for such sanitary or other purposes of the said city of London as the said municipal council may deem expedient. sale Purchasers not 2. The purchasers of the said lands shall not be bound to application of see to the application of their purchase money. bound to see to purchase money. Terms on which land 3. The said lands may be sold either for cash or on credit, or partly for cash and partly on credit, and mortgages on may be sold. real estate may be taken by and in the name of the said corporation to secure the unpaid purchase money. CHAPTER CHAPTER 41. An Act to authorize the Village of Iondon East to construct and maintain Water-Works, and to incorporate said Village as a Town. WE [Assented to 4th March, 1881.] WHEREAS, the population of the village of London East, Preamble. in the county of Middlesex, is rapidly increasing, and the council of the said village have by their petition represented that the construction of water-works and a supply of water for the said village would promote the comfort of its inhabitants, and afford means for the protection of property from fire, that it is desirable to increase the limits of the said village, and that the incorporation of the said village as a town would promote its future progress and prosperity, and have prayed that power may be given to said village to construct and maintain water-works, and to incorporate said village as a town; and whereas, it is expedient to grant the prayer of the said petition; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: to authorized. 1. The corporation of the village of London East, by and Construction through the agency of commissioners and their successors, of water works be elected and appointed as hereinafter provided, may and shall have power to design, construct, build, purchase, improve, hold and generally maintain, manage and conduct, waterworks, and all buildings, matters, machinery and appliances therewith connected or necessary thereto, in the village of London East, and parts adjacent, as hereinafter provided. 2. The commissioners and their successors shall be a body Water comcorporate, under the name of the "Water Commissioners for the missioners. village of London East," and shall be composed of three members, of whom the reeve of the village of London East for the time being, shall be ex officio, one, and the said commissioners shall have all the powers necessary to enable them to build the water-works hereinafter mentioned, and to carry out all and every, the other powers conferred upon them by this Act. 3. It shall be the duty of the said commissioners to examine, Duty of comconsider and decide upon all matters relative to supplying the missioners. said village of London East, with a sufficient quantity of water for the use of its inhabitants, for the protection of property from fire or for any purpose. 4. The commissioners shall have power to employ engineers, Powers of comsurveyors and such other persons, and to rent or purchase such missioners. lands, Power to enter on lands, Divert and appropriate streams, etc. Arbitation. lands, buildings, waters and privileges as in their opinion may be necessary to enable them to fulfil their duties under this Act. 5. It shall and may be lawful for the said commissioners, their agents, servants and workmen, from time to time, and at such times hereafter as they shall see fit, and they are hereby authorized and empowered to enter into and upon the lands of any person or persons, bodies politic or corporate in the village of London East, or within ten miles of the said village, 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 river, pond of water, spring or stream of water therein as they shall judge suitable and proper, and to contract with the owner or occupier of the said lands, and those having a right in the said water, for the purchase thereof, or of any part thereof, or of any privilege that may be required, for the purposes of the said water commissioners; and in case of any disagreement between the said 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 as aforesaid respecting the amount of purchase or value thereof, or as to the damages such appropriation shall cause them or otherwise, the same shall be decided by three arbitrators, to be appointed as hereinafter mentioned, namely; the commissioners shall appoint one, the owner or owners shall appoint another, and 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, the judge of the county court of the county of Middlesex shall, on application of either party, appoint such third arbitrator; in case any such owner or occupier shall be an infant, married woman, or insane, or absent from this Province, or shall refuse to appoint an arbitrator in his behalf, or in case such land or water privileges be mortgaged, or pledged to any person or persons, the judge of the county court of the county of Middlesex, on application being made to him for that purpose, by the commissioners, shall nominate and appoint three indifferent persons as arbitrators; the arbitrators to be appointed as herein before mentioned, shall award, determine, adjudge and order the respective sums of money which the said commissioners shall pay to the respective persons entitled to receive the same, and the award of the majority of the said arbitrators in writing shall be final; and said arbitrators shall be, and they are hereby required to attend at some convenient place, at or in the vicinity of the said village, to be appointed by the said commissioners, after eight days' notice given for that purpose by the said commissioners, there and then to arbitrate and award, adjudge and determine such matters and things as shall be submitted to their cousideration by the parties interested, and also the costs attending said reference and award; and each arbitrator shall be sworn before some one of Her Majesty's justices of the peace, in and for the said county of Middlesex, well and truly to assess the value or works vested East. 6. The lands, privileges and water which shall be ascer- Lands, privitained, set out or appropriated by the said commissioners, for leges and the purposes thereof as aforesaid, shall thereupon and forever in corporation thereafter be vested in the corporation of the village of London of London East and their successors, and it shall and may be lawful for the said commissioners and their successors to construct, erect and maintain in and upon the said lands all such reservoirs, waterworks and machinery requisite for the said undertaking, and to convey the water 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 or ponds or water from which the same are procured and the said village of London East, by one or more lines of pipes as may, from time to time, be found necessary; and, for the better effecting the purpose aforesaid, the said commissioners, and their successors and servants, are hereby empowered to enter and pass upon and over the said grounds, roads, highways, railways and lands intermediate as aforesaid, and the same to cut and dig up if necessary, and to lay down the said pipes through the same, and in, upon, over, under and through the highways, railways and roads within ten miles of the village of London East, and in, through, over and under the public ways, streets, lanes, railways or other passages within the said village of London East, and in, upon, through, over and under the lands, grounds and premises of any person or persons, bodies corporate, politic or collegiate, or any lands of the Crown, and to set out, ascertain, use and occupy such part or parts thereof as they, the said 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 Payment of compensation into court. sons entitled to money in court. the inhabitants of the village of London East, or for the uses of the corporation of the said village, or of the proprietors or occupiers of the lands through or near which the same may pass, and, for this purpose, to sink and lay down pipes, tanks, reservoirs and other conveniences, and, 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 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 adequate satisfaction to the proprietors, to be ascertained in case of disagreement by arbitration, as aforesaid; and all such water-works, pipes, erections and machinery requisite for the said undertaking shall likewise be vested in and be the property of the said corporation of the village of London East. 7. If any of the owners or occupiers of, or persons interested in any land, right or privilege entered upon or taken under the provisions of this Act, is an infant, insane, or absent from this Province, or if any person interested in the moneys awarded as compensation therefor, refuses or is unable to execute the proper conveyance, or if for any other reason the commissioners deem it advisable so to do, the commissioners may pay the amount of such compensation, with interest for six months, into the Court of Chancery, for the purpose of the same being distributed between and paid to the persons entitled thereto according to their several and respective interests therein, and thereupon the lands, rights and privileges in respect of which such compensation is awarded, shall be vested in the corporation of the said village of London East, its successors and assigns, and the award shall be deemed the title of the corporation, and may be registered in the proper registry office. Publication of 8. A notice, in such form and for such time as the said notice to per- court appoints, shall be inserted in some newspaper published in the county in which the lands are situate, which shall state that the title of the corporation, that is, the conveyance, agreement or award, is under this Act, and shall call upon all persons entitled to the land, or any part thereof, or representing or being the husbands of any parties so entitled, to file their claims to the compensation, or any part thereof, and all such claims shall be received and adjudged upon by the court, and the said proceedings shall forever bar all claims to the lands, rights or privileges, or any part thereof, including dower as well as all mortgages and incumbrances upon the same, and the court shall make such order for the distribution, payment or investment of the compensation, and for securing the rights of all parties interested as to right and justice, and according to the provisions of this Act and to law appertain. Costs. 9 The costs of the proceedings, or any part thereof, shall be paid as the court deems it equitable to order. |