follows:-For the Counties of York, Saint John, Westmorland, Charlottte, and Northumberland, each, four Members; for the County of King's, three Members; for the Counties of Sunbury, Queen's, Gloucester, Kent, Carleton, Restigouche, Albert, and Victoria, each, two Members; for the City of Saint John, two Members. 66. The General Assembly shall continue for four years from the day of the return of the Writ for choosing the same, unless sooner dissolved, but shall not be affected by the demise of the Crown. 67. The word "Sheriff" herein shall mean Sheriff, Under Sheriff, or Deputy Sheriff; "Presiding Officer," the person presiding at the taking of the ballots; "District" shall mean electoral District; "County" shall mean County or any other place entitled to elect Representatives; "Election," the election of Members to serve in the General Assembly; "day of electing," or "of election," the day of polling the votes; "Municipality," the County Council or other governing body of any place. 68. On the first day of January in the year of our Lord one thousand eight hundred and fifty seven, the following Acts shall be repealed:-An Act made and passed in the eleventh year of the Reign of Her present Majesty, intituled An Act relating to the Election of Representatives to serve in the General Assembly; also an Act made and passed in the thirteenth year of the same Reign, intituled An Act to establish the Polling Places in the County of Gloucester; also an Act made and passed in the same year, intituled An Act to establish Polling Places in the County of Victoria; also an Act made and passed in the sixteenth year of the same Reign, intituled An Act in amendment of the Act relating to the Election of Representatives to serve in the General Assembly, so far as relates to the Polling Places in the County of Carleton; and an Act made and passed in the same year, intituled An Act to establish places for Polling in the Parishes of Glenelg and Hardwicke, in the County of Northumberland; also an Act made and passed in the seventeenth year of the same Reign, intituled An Act relating to the qualification of Freeholders in certain cases; and an Act made and passed in the same year, intituled An Act relating to the establishing of Polling Places in the Counties of Charlotte, Gloucester, York, Queen's, Saint John, Victoria, Northumberland, and Sunbury. 69. This Act shall come into operation on the first day of November which will be in the year of our Lord one thousand eight hundred and fifty five, but no proceeding shall be had thereon, except the election of Revisors, until the first day of January one thousand eight hundred and fifty six; and all Elections of Representatives to serve in the General Assembly, which shall be held before the first day of January one thousand eight hundred and fifty seven, shall be held under the laws now in force for election of Representatives to serve in the General Assembly. CAP. XXXVIII. An Act to provide for an improved system of Sewerage and Water suppply of part of the City of Saint John, and Parish of Portland in the County of Saint John. Section. 1. Commissioners, appointment of; 2. To be sworn. 3. Chairman, nomination of. 4. Compensation for services. 5. Meetings to be at least monthly. 6. Debentures for Water Company's Stock; transfer thereupon; liabilities. 7. Extension of water works by the Com- 8. Service pipes, at whose expense laid. 10. Streets. how to be surveyed and levels 11. Sewers with branch drains to be laid. 14. Right of entry on premises granted to 16. Sewerage and water supply to new buildings, how obtained. for 17. Superintendent of sewers and water, &c, appointment and pay of. 34. Amounts, where and when redeemable, authentication. 19. Cleansing and repairing of vaults and 18. Superintendent's duty. drains. 35. Appropriation of surplus of income over expenditure. Schedule. Passed 12th April 1855. WHEREAS an improved system of Sewerage and Water supply, would conduce to the health and comfort of the citizens and inhabitants of the City and Parish ; Be it enacted by the Lieutenant Governor, Legislative Council, and Assembly, as follows:— 1. The Common Council of the City of Saint John shall forthwith appoint, and shall also have power to remove and re-appoint from time to time as may be expedient, two discreet and proper persons to be Commissioners for the purposes of this Act; and the General Sessions of the Peace for the City and County of Saint John, or any Special Sessions for that purpose to be forthwith holden, shall in like manner appoint, and any General or Special Sessions for such purpose holden, shall also have power to remove and re-appoint from time to time one other discreet and proper person, to be a Commissioner with the said other two Commissioners for the like purposes; neither of which said three Commissioners shall be a member of the said Common Council or Sessions. 2. The Commissioners before entering on the duties of their office, shall severally take and subscribe an oath or affirmation before any Justice of the Peace of the said City and County, faithfully to perform the trust and duties required of them by this Act: which oath or affirmation such Justice is hereby authorized to administer; and he shall forthwith file the same in the office of the Common Clerk of the said City. 3. Whenever the said Common Council shall appoint or re-appoint the said two Commissioners, they shall at the same time nominate which of them shall be Chairman of the Board of Commissioners, whose duty shall be to preside at their meetings, and exercise a general supervision of all proceedings under this Act. 4. The Chairman shall have a salary of four hundred pounds per annum, and each of the other Commissioners shall have one pound for each day's actual attendance on the duties of his office, but so as not to exceed the sum of fifty pounds for each Commissioner in any one year. 5. The Commissioners shall hold a general meeting for the transaction of business at least once in each month. 6. Immediately after the passing of this Act, the Commissioners shall make and issue to the holders of preference stock in the Saint John Water Company, Debentures in the form hereinafter provided, to the amount of fifteen thousand pounds. New Brunswick currency, at par, in satisfaction of such stock; and like Debentures to the amount of thirteen thousand nine hundred pounds, at the rate of ninety two pounds ten shillings for each one hundred pounds of stock, to the holders of the other stock in the said Company, in satisfaction thereof; and thereupon the entire property, works, revenues, rights, and credits of the said Company, subject to the outstanding liabilities of the said Company, shall become vested in the said Commissioners and their successors, without any other act or conveyance whatever, with all the powers and privileges now held and enjoyed by the said Company under any law or laws of the Province; saving however to all and every person or persons, Company or Corporation, all legal rights and remedies in law or equity, and all actions or suits now pending or hereafter to be brought against the said Company for or by reason of any malfeazance or misfeazance, or any act or thing heretofore done or committed, or for or by reason of any covenant, contract, or agreement heretofore made, which rights and remedies shall continue, and the actions and suits be brought, prosecuted, and ended as if this Act had not been passed; and the present stockholders therein shall be liable in law and equity for the liquidation and payment of all such claims and damages recovered, or to be hereafter recovered therefor; provided that such claims and damages shall not be levied on any present stockholders, on account of any preference stock, unless the value received by the holders of the original stock, on account of such original stock, shall be insufficient to defray the same; and it shall be lawful also for the said Commissioners to proceed for recovery of any arrears or moneys due to the said Company at the time of such transfer, or which may subsequently fall due under or by virtue of any contracts or agreements made with the said Company prior to such transfer, by distress and sale in manner provided by the twenty second Section of this Act. 7. Upon such transfer being made it shall be the duty of the Commissioners to extend the present water supply as far as they may deem it practicable or expedient, by carrying a sufficient main or mains to Latimer's Lake and Loch Lomond, or either of them, and by laying down good and sufficient main and service pipes in the several Streets of the said City on the east side of the Harbour, not already supplied, and in and through the District in the Parish of Portland defined and described as follows, that is to say :-" Beginning at the Aboi deau where the City line strikes the line of the said Parish, thence southerly, easterly, and northerly along the Parish line to a point where the old Westmorland road intersects the road running along the front of Walker Tisdale's stone cottage; thence along the last mentioned road and a prolongation thereof crossing the Marsh Creek, to its northwestern bank; thence westerly along the said bank to a point where a prolongation of the division line between the property of Messieurs Gilbert and Wright would strike the said Creek; thence northwesterly following the said prolongation and line to Wright Street (so called); thence westerly along the said Street to its termination. in front of William Jack's property; thence in a straight line to the River Saint John, at the point where the Albion Mills now stand; and thence following the Parish line southerly and easterly in its various courses to the place of beginning;" as laid down and defined in a Plan signed by the Commissioners appointed under the Act of Assembly made and passed in the eighteenth year of Her present Majesty's Reign, intituled An Act for the appointment of Commissioners of Sewerage and Water supply for that part of the City of Saint John lying on the eastern side of the Harbour and the Parish of Portland, and filed in the Common Clerk's Office of the City of Saint John; when the same shall have been submitted to the Common Council and Sessions, and approved of by them. 8. The service pipes for water supply to houses, buildings, or establishments, shall be carried from the main to the side line of the street by the Commissioners at the public expense, when required so to do by notice in writing from the owner or owners of any house or building, and all beyond that distance at the expense of the owners or leaseholders for renewable terms of the premises so supplied. 9. Wherever good and sufficient mains for the supply of water to dwellings or other houses or establishments already exist, and likewise wherever the same shall be laid down and ready for the use of such dwellings, houses, or establishments within the said City, on the east side of the Harbour, or the said District in the Parish of Portland, the owners in fee, or leaseholders for renewable terms of any lands or tenements through or along which such mains shall pass, shall, whether the water be taken or used on the premises or not, be respec |