lay down pipes, etc. Numbering houses. Record of streets. Settling boundary under streets or public squares, subject to such regulations as the council sees tit, and for acquiring stock in or lending money to any such company: (2.) For numbering the houses and lots along the street of the municipality, and affixing the numbers to the houses buildings or other erections along the said streets and for charging the owners or occupants of each house or lot with the expenses incident to the numbering of the same. (3.) For keeping a record of the streets and numbers of the houses and lots numbered thereon respectively, and entering thereon a division of the streets with boundaries and distances for public inspection; (4.) For surveying, settling and making the boundary lines lines of streets. Of all streets, roads, and other public communications and for giving names thereto, and affixing such names at the corners thereof on either public or private property; and no by-law for altering the name of any street, square, road, land or other public communication shall have force or effect, unless and until the by-law has been registered in the registry office of the county or other registration division; and the registrar shall be entitled to a fee of one dollar for any by-law so regis tered, and for the necessary entries and certificates in connection therewith; Rental of sewers. Regulating street traffic. Street railways. Immoderate driving, (5.) For charging all persons who own or occupy property which is drained into a common sewer, or which by any bylaw of the council is required to be drained into such sewer with a reasonable rent for the use of the same, and for regulating the time and manner in which the same is to be paid: (6.) For regulating the conveyance of traffic in the public streets, and the width of the tires and wheels of all vehicles used for the conveyance of articles of burden, goods, wares or merchandise; (7.) For authorizing the construction of any street railway or tramway upon any of the streets or highways within the city, and for regulating and governing the same, and for fixing the rates to be charged thereon. (8.) For causing vacant lots to be properly enclosed; (9.) For preventing immoderate and reckless driving in highways or streets, for preventing the leading, riding or driving of horses or cattle upon side walks or other places not proper therefor, and for preventing horses or mules in harness, during the winter season being driven without bells, and for preventing horses or other animals being left at large or standing on any of the streets of the city without being sufficiently secured to prevent them running away. (10.) For regulating public bridges and driving and riding Driving on public bridges thercon. vested in city, 116. Every public street, road, square, lane, bridge or Public streets other highway in the city shall be vested in the city subject etc. to any right in the soil which the individuals who laid out such road, street, bridge, or highway reserve and no such public street, road, square, lane or highway shall be interfered with in any way or inanner whatsoever, by excavation or otherwise by any gas or water works company now incorporated, notwithstanding that at the present time such companies have such powers, or by any company or companies that may hereafter be incorporated, or any other person or persons whomsoever, except having first made application to and received the permission of the city engineer in writing and it is hereby further provided that any Act or Acts passed by the Legislative Assembly of Manitoba vesting or purporting to vest in any company or companies, person or persons, any right in any public street, square, road, lane or highway of the city for any purpose whatsoever are hereby repealed and declared null and void. repair. 117. Every such public street, road, square, lane, bridge To be kept in and highway shall be kept in repair by the corporation. vation in (1.) All persons having made reservations in any street, road Private reseror bridge, shall apply within six months after the passing of streets. this Act to the city council in order to obtain a final settlement and adjustment under the provisions of this Act as hereinafter provided of such claim, otherwise such claim shall cease to exist. EXPROPRIATIONS. 118. The council of the city of Emerson shall have full Opening and widening of power and authority to order by resolutions the opening, streets. extending or widening of streets, lanes, public places, squares and highways, or the construction of such public buildings, drains or water courses or sewers, and to order at the same time that such improvements should be made out of the city funds, or that the cost thereof shall be assessed in whole, or in cost of, how part upon the pieces or parcels of land belonging to parties assessed. interested in, or benefitted by the said improvements, and to purchase, acquire, take and enter into any land, ground or real property whatsoever within the limits of the said city, either by private agreement, amicable arrangement between the council of the said city and the proprietors or other persons 46 & 47 VIC. Acquisition of interested or by complying with all the formalities hereinafter property for. prescribed for opening streets, squares, markets, or other public places, or for continuing enlarging or improving the same or a portion of the same, or as a city for any public building to be erected by the said council. Corporate bodies, etc., holding land selected for public pur poses may sell and convey. Compensation to owners of property, how to be fixed. Notice to par ty assessed. nature of. (1.) All corporations or bodies, and all husbands, guardians, executors, administrators, or trustees who are, or shall be seized or possessed of or interested in any piece or pieces, lot or lots of ground, or real property within the said city, selected and fixed upon by the said council for any of the purposes aforesaid, may not only for themselves, but for and on behalf of all persons whom they represent, or for whom, or in trust for whom they are, or shall be seized or possessed, or interested, whether minors, issue unborn, lunatics, idiots, feme covert, or other persons, contract for, sell and convey such piece or pieces, lot or lots of ground or real property to the said corporation, and such contracts, sales and conveyances shall be valid and effectual in law for conveying the estate or any interest therein to all intents and purposes whatsoever, any law or custom to the contrary notwithstanding; and the corporation of the City of Emerson shall not in any case be responsible for the application of the purchase money, and all corporations and persons whatsoever so contracting, selling or conveying as aforesaid, are hereby indemnified for and in respect of such sale or session which he, she or they shall respectively make by virtue of or in pursuance of this Act; without, however, diminishing in any manner whatever the responsibility of such corporation or persons toward those whom they represent, as regards the purchase money or compensation of such sale or conveyances. (2.) In case the council of the said city after having resolved upon undertaking and carrying out any of the said works or improvements for which it has been necessary to acquire one or more lots of ground or real property within the limits of the said city, cannot come to an amicable arrangement with the person seized or possessed of, upon any title whatsoever, or interested in said lots of ground or property, or any part thereof, or who may be absent or unknown as regards the price or compensation to be paid for the said lot of ground or property or any part thereof, (the said council, however, shall not be bound to take any step or proceeding toward securing such amicable arrangement), such price or compensation shall be fixed and determined in the following manner, to wit: (a) The council of the said city, by the attorney or counsel, how given and shall give special notice, addressed through the post-office, to the person in whose name the property was lastly assessed on the assessment roll as proprietor, at his actual or last known domicile, and shall also give public notice, by three insertions in at least one newspaper published in the said city, and by one insertion thereof in the Manitoba Gazette, that they will by or through their said attorney or counsel present, on the day and hour mentioned in the said notice, to the Court of Queen's Bench, at the said city of Emerson, sitting in term, or to any of the judges of the said court in chambers, or the Judge of the County Court a petition calling upon the said court or any one of the judges thereof respectively, to choose and nominate three competent and disinterested persons to act as commissioners to fix and determine the price or compensation to be allowed for each and every lot of ground or property or any part thereof, which may be required by the said corporation for the purposes of the said improvements, and which shall be designated in the said notice by a general description and by reference to a map or plan in the solicitor's office, and one week at least shall elapse from the date of the last insertion of the said notice in the said newspapers to the day appointed for the presentation of the said petition; and a copy of the said notice shall be posted near or in the neighborhood of the property to be expropriated; Provided always, that the said council may instead of publishing such notice Proviso in serve or cause to be served upon the owner or owners of any al service on such property personally such notice in writing, stating a time' (not less than one week) when application will be made to the court or judge for the appointment of such commissioners. case of person owner. point commis fix time for making report. (b) The court or judge, as the case may be, to whom the said Court to appetition shall have been presented, shall appoint three com- sioners and missioners as aforesaid and fix the day on which the said commissioners shall begin their operations, and also the day on which they shall make their report; Provided always, it shall be lawful for the said courts or any judge thereof, to extend the time in which the said commissioners shall make said report upon reasonable grounds being shown to that effect upon application of the said commissioners or counsel of the city of Emerson. sioners refus (c) The order embodying the said appointment shall be served Commiswith as little delay as possible upon the said commissioners, ing to act to be who shall be held to accept the said office and to perform the penalty. duties thereof, under the penalty of a fine of one hundred dollars, which it shall be competent for the said Court of Queen's Bench or any judge thereof or the Judge of the County Court, to inflict upon each of the said commissioners upon proof of his or their refusal or neglect to perform the said duties. be appointed. (d) If one or more of the said commissioners at any time after New ones may their appointment shall fail in the due performance of the duties assigned to them or him in and by this Act, or shall not fulfil the said duties in a faithful, diligent and impartial manner, it shall be lawful for the said council by its attorney City surveyor to furnish plans, etc. Oath of commissioners. Remuneration. Owner of land to allow in spection of commissioners may procure copies. to apply, by summary petition, to the said court of Queen's Bench or to a judge thereof or to the Judge of the County Court, as the case may be, to stay the proceedings of the said commissioners and to remove and replace the commissioner or commissioners who may have forfeited or violated his or their obligations, or neglected his or their duties, or to appoint one or more commissioners in the place of any whose services may have been or may be dispensed with for any cause; and upon such petition the said court or judge may make such order or orders as may be deemed comfortable to justices. (e) Immediately after the appointment of the said commissioners it shall be the duty of the city surveyor to furnish them with a plan or map showing the proposed improvement, as also the pieces or parcels of ground or real estate to be expropriated. (f) The commissioners before proceeding shall make and subcribe a solemn declaration under oath, in the manner and to the effect as provided in the nineteenth clause of this Act, and they shall be entitled to receive a remuneration not exceeding five dollars per day each, during the whole time they of necessity shall be occupied in the performance of the said duties; but the council may, if they think fit, have the bill taxed on this scale by the master of the court. upon (g) The said commissioners may, if they deem proper, call the proprietors or parties interested to give them inspectitle deeds or tion of their title deeds, and upon their failing to comply with such demands the said commissioners are hereby authorized to procure copies of said deeds at the cost of the said proprietors or parties interested; and the amount of said cost shall be deducted from the price or compensation to be finally awarded to the said proprietor or parties interested for the expropriation. Duty of commissioners as (h) It shall be the duty of the said commissioners to dilito appraisal gently proceed to appraise and determine the amount of the of indemnity. price, indemnity or compensation (if any) which they shall deem just and reasonable for each of the pieces or parcels of land or real estate the expropriation whereof shall have been resolved on by the city council, or for the damages (if any) caused by such expropriation; and the same commissioners may act and adjudicate upon the price or compensation for all and every the pieces or parcels of land or real estate, buildings or parts of buildings thereon erected, required for any improvement which the said council may have ordered to be made or carried out at one and the same time; and the said commissioners are hereby authorized and required to hear the parties, and to examine and interrogate their witnesses, as |