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Les cartes, planches, tableaux, etc., peuvent Atre fiimAs * dr» taux de reduction difftrents. Lorsque le document est trop grand pour Atre reproduit an un seul clichA, 11 est film* A partir de i'angle supArieur gauche, de gauche A droite, et de haut an bas, an prenant le nombre d'images nAcessaire. Las diagrammes suivants illustrent la mAthoda. 1 2 3 5 6 ^!?w^Hjn^5f* A nAOA I'l'Bl K ARCHIVl.S AK( HIV( S PllBllUliLS •4; J ( AN ACT TO REPEAL CERTAIN ACTS THEREIN MENTIONED. a AND TO MAKE BETTIR PBOTISIOR RBSPBOTIRa TIE ADMISSION OF LAND SURVEYORS AND THE SURVEY OF LANDS IN THIS PROVINCE. 12 Victoria, Chapter 35. QUEBEC : PRINTED BY AUGUSTIN CdTfi. 1855. Ulo) ■e 9oa53 ANNO DUODECIMO VICTORIiE REGINJE. P CAP. XXXV. An Act to repeal certain Acts therein mentioned, and to make better provision respecting- the admission of Land Surveyors and the Survey of Lands in this Province. [30^/t May, 1849.] WHEREAS the Laws now in force in this Province respecting Land Surveyors and Preamble. the Survey and Admeasurement of Lands are in many cases, owing to the changes which have taken place in the method of surveying lands, found to be inapplicable : And whereas it is ex- pedient to consolidate and amend them : Be it there- lore enacted by the Queen's Most Excellent Ma- jesty, by and with the advice and consent of the Legislative Council and of the Legislative As- sembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the Quolioc, •if) 0. .1 c 3. — 4 — United Kingdom of Grcnt Britain and Irelund, nnd intituled, An Act to re-nnite the Provinces of Upper and Loitwr-Cafiada, and for the Go- vernmcnt of Canada, nnd it is hereby enacted by ('. riiiin Ordi- \\\q authority of tlic same, That the Ordinance iiaiK'o*! and AiM rcpooied. passed in the twenty-fifth year of the Reign of His late Majesty King George the Third, by the Lieutenant-Governor nnd Legislutii'e Council of the late Province of Quebec, intituled, An Ordinance concerning Land Surveyors and the Admeasurement of Lands, — and the Act of the Le- gislature of the late Province of Upper-Canada, passed in the thirty-ciglh year of the Reign of His said late Majesty King George the Third, inti- tuled, An Act to ascertain and establish on a per- vianent footing the boundary lines of the different Ihivnships of this Province, — and the Act of the said Legislature, passed in the fifty-ninth year of the Reign of His said late Majesty King George the Third, and intituled. An Act to repeal an Of' dinance of the Province of Quebec, passed in the twenty-fifth year of His Majesty'' s Reign, intituled : ' An Ordinance concerning Land Surveyors and * the Admeasurement of Lands, ' and also to extend the provisions of an Act passed in the thirty-eigth '/ear of His Majesty's Reign, intituled, ' An Act to ascertain and establish on a permanent footing the * boundary lines of the different Townships of this ' Province, and further to regulate the manner in ' which Lands are hereafter to be Surveyed, ' — and the Act of the said Legislature, passed in the se- cond year of Her Majesty's Reign, and intituled, ir i). ;>'8 0co. 3. c 1. ((. v.. Ti!) v.. 3. c. 14, \ — 5 — 17 t( (I An Act to extend the jtrovisions of an Act passed in the fiftif-ninth yearof tlie lieif^n of Ilis late Majesty i' «' Kin^ (ieorf^e the IVurd, intituled, * An Act to re- * ptal an Ordinance of the Province of Quebec^ * passed in the twenty-fifth year of His late Ma- * jesty's Reifin, intituled^ " An Ordinance concer- " wiwir Land Purveyors and the Admeasunment of " Lunds^ and also to extend the proinsions of an Act passed in the thirty-eighth year of Ilis late Majesty's Reign, intituled, " • An Act to ascertain * " and estMish on a permanent footing the boun- * " dary lines of the different Townships in this * " Province, ' " and further to regulate the manner in ivhich Lands are hereafter to be surveyed, " — and the Act of the l^egishvtureuf this Province, passed in the Sension hehl in the fourth and hfth years of canais. Her Majesty's Reign, and intituled, An Act /"cV^'^ grant authority to licensed Surveyors, in that part of this Province called Upper-Canada, to adminis- ter an Oath in certain cases, and to protect them while in the discharge of their duty in Survej/ing Lands, — shall be and the said Acts are hereby re- Proviso, pealed : Provided always, that no Ordinance, Act nouo?r*livo*' or provision of law repealed by those hereby re- pealed, or by any of them, shall revive, but shall Provibo. be and remain repealed ; And provided also, that ™°f^ g*^,^, '" all the boundary or division lines legally esta- blished, and ascertained under the authority of the Ordinance or Acts hereby repealed, or any of them, shall remain good, and all other acts, and things legally done and performed under the au- thority of the said Ordinance and Acts, or any of — 6 — •horn, nnd in conformity to the proviHionH thereof, hhall remain (;oo(1 anpr»ii lic'l'<'llip Proviso MS t« porsonn iilren- (ly mlinittfld in one pnrt t)f tbn I'rovinco an uy to the said Secretary ten shilling-s as his fee upon the Certificate. VIII. And ho it enacted, That each applicant f'">V'''"y"'°*" * * wards tho ex- receivinff a Certificate as aforesnid, shall pay to 1'«"^oh i.i tbc the Secretary a sum of two pounds ten shillings, currency, for the same, out of which sum the ex- penses attending tin? examina tion of such anpli- (i) cant (if any) shall first he paid, and the remainder slmll he divided ecjually among such Memhers of the I?oard as shall have attended the examination of such applicant, and shall not be salaried uUiccrs of the Government. IX. And be it enacted, That each applicant af- Camiidatcs ad- 11 ■ 1 /-I r- 1 11 '"'"cd to givo tev receiving the above mentioned Certilicate, sliail security. enter into a bond jointly and severally with tAvo sufficient sureties to the satisfaction of the said Board of Examiners, in the sum of two hundred and fifty pounds cuirency, to Her Majesty, Hei Heirs and Successors, conditioned for the due and faithful performance of the duties of his office, and And take tho shall take and subscribe the oath of allegiance, gianco and of and the f()llowin,>; oath, before the Board of Exa- "'^'"^ miners who are hereby empowered to administer the same : " I, A. B. do solemnly swear {or afinn), as the Tho oath of office case may be) that I will faithfully discharge the duties of a Land Surveyor, agreeably to law, without favour, afiection or partiality. So help me God. " (I) Amondod by Hth and 5th Vic. Cap. 4. 12 — (1) Unnnl may siis- f innil or roiiiovo u Surveyor. f i oatlT'" ^Andoi And the said oaths shall be deposited in the of- .ue coriiHo.ne. ^^^^ ^^^ ^j^^ Commissioner of Crown Lands, and the said bor.d shall be deposited and keep in the man- ner by livw prescribed with regard to the bonds given for like purposes by other public officers, and shall enure to the benefit of any party sustaining damage by breach of the condition thereof, and the certificate shall be registered in the office of the Registrar of the Province. X. And be it enacted, That it shall be lawful for the Board of Examiners to suspend or dismiss any Land Surveyor from the practice of his pro- fession, as they shall in their discretion deem pro- per whom they shall find guilty of gross negligence Proviso : tho ^,f corruption in the execution of the duties of his party accused ' tobesummonod office : Provided nevertheless, that the Board shall and heard. not suspend or dismiss such Laud Surveyor, without having previously summoned him to appear in order to be heard on his defense, nor without having heard the evidence, which shall have been offered either in support of the complaint or in be- half of the Surveyor inculpated. XL And be it enacted. That each and every chain-bearer, whether acting in Upper or iu Lo- wer Canada, shall, before he commences his chai- ning or measuring, take an oath or affirm, to act as such justly and exactly according to the best of his judgment and abilities, and to render a true ac- count of his chaining or measuring to the Sur- veyor by whom he may have been appointed to such duty, and that he is absolutely disinterested in the survey in question, and is not related or al- ii) Amended by the 14th and 15tli Vio. Cap. 4. Chain - bearers to be sworn. I i 1 i i — 13- lietl to any of the parties interested in the survey JJ.|J\*^ (^ '"["; within the fourth degree, according to the "om- »'«" putation of the civil law, that is to say, within the degree of Cousin Germain, which oath the Sur- veyor employing such chain-hearer is hereby au- thorized and required to administer ; nor shall any person related or allied to any of the parties within the said degree, be employed as a chain-bearer on any survey. XII. And be it enacted, That the Commissioner standard meii- ,. ^ T 1 1 It c. 1 1 <• T. suros to be kept ot Crown Lands shall procure a btandard oi Ln- by the Commis- glish Measure of length, and a Standard of the old Lands. French Measure of length, compared with and corrected by the Standards for such Measures es- (i) tablished in this Province, which shall remain in his office for the purpose of comparing therewith the Standards to be kept by each Surveyor as hereinafter provided. XIII. And be it enacted. That each and every Survoyora to Land Surveyor duly admitted, and practising, or ard to cheek who shall be hereafter admitted for Upper and by. Lower Canada, shall procure and shall cause to be examined, corrected and stamped or otherwise certified, by the Commissioner of Crown Lands, or some one by him deputed lor that purpose, a Standard Measure of length, under the penalty of the forfeiture of his License or Certificate, and shall, previously to proceeding on any survey, ve- rify the length of his chains and other instruments for measuring by such standard. XIV. And be it enacted. That from and after Punishment of .„ persons moloe- the passing of this Act, il any person or persons ting Surveyors on duty. (I) Amended by 14th and 15th Vic. Cap. 4. — 14 — m shall, in any part of this Province, interrupt, mo- lest or hinder any Land Surveyor, M'hile in the dischari^e of his duty as a Surveyor, such person or persons shall be deemed to have been guilty of a misdemeanor, and being thereof lawfully con- victed in any Court of competent Jurisdiction, may be punished either by fine or imprisonment, or both, in the discretion of such Court, such impri- sonment being for a period not exceeding two months, and such fine not exceeding five pounds, without any prejudice to any civil remedy which Civil remedy sucli Surveyor or any other party may have against iiottukcnawny. ^^^j^ offender or offenders, in damages by reason of such offence ; and any Land Surveyor, when engaged in the performance of the duties of his profession, shall be, and he is hereby authorized er to Siir- ^^^ empowered to pass over, measure along and voyor to ox- ascertain the bearings of any Township line, eon- uuiiue certain '^ •' *' linos ; doing ccssiou or range line or other governing line or no iwtual da- ° " ° nia|e. Side line, and lor such purposes to pass over the lands of any person whomsoever, doing no actual damage to the property of such person ; any law to the contrary nottvithstanding. Mode of houn- XV. And be it enacted, That every such Land Lowcr-Canad!" Surveyor who shall survey or admeasure lands in Lower-Canada shall, when thereuntt) required by the parties, place one or more boundary marks of stone, either to mark the boundary of any property or to show the course of any line of division, of which boundary marks, the length above ground shall be six inches at least, between Seigniors or between Co-Seigniors, or between two Townships, I — 15 — or brtwocn a Seigniory and a Townliip, or be- tween the Waste Lands of the Crown and a Sei- pnioiy or Town.shi]>, and at least three inches abo?e the ground between persons hoklinpf fjrants in a Seif^niory or Township, and at least twelve inches in the ground in every case ; and under such boundary marks he shall places pieces ol' brick, or delf, or earthenware, slag of iron, or broken glass, and in the country parts and open ground, before every boundary mark, a post of squared timber. XVI. And be it enacted, That each and every such Land Surveyor who shall hereafter be em- ployed in any survey in Lower-Canada shall, as soon as his operations shall be finished, if he have placed any boundary mark, or if thereunto required by any party employing him, or by the Court under whose order he shall act, draw up a Proccs- Verbal, in which he shall on pain of nullity and under the penalty imposed for any contravention of this Act, insert the date of the said Prncis-Ver- bal, and shall mention by the order of what Court or at whose desire and at what time or times he shall have operated, the residence of the parties and their additions and his own name and resi- dence : And in such Prods-Verbal the Surveyor shall, under the penalty last aforesaid faithfully detail what he shall have done, according to the nature of the survey required of him, stating whe- ther any and what title deeds were produced to him, according to which he may have guided his operations, — what is the form and the area of Certain sab- Sit uncos to be li Purvey miu\t' before or within three mouths after the passing of this Act, which shall substantially contain such paiticulars as may hy requisite for the full unders- tanding of the Survey or operation to which it re- lates, and of the doings of the Surveyor and the intention of the parties interested with regard to the same, shall be held to be authentic and valid and shall have effect according to the tenor thereof whatever be the form in which the same may have been drawn up. XVIII. And whereas it hath also happened that boundary stones and other bf)undary marks have been placed hy Surveyors, which have not the di- mensions, or are not of the materials, or are not accompanied by the marks prescribed by the said Ordinance, and law-suits and difficulties might arise in consequence : For remedy thereof — Be it enacted. That every such boundary mark in Lower- Canada, placed by a Surveyor before or within three months after the passing of this Act, and re- ferred to in his Proces Verbal, shall be held to be effective and valid, if its place can be ascertained from such Proems Verbal, whatever be the form, dimensions or material thereof: Provided always, that nothing contained in this Section or in that next preceding it, shall be construed to render valid or effective any Proems Verbal, or boundary made or placed more than three months after the passing of this Act, and with regard to which the absolu- te requirements of this Act, on pain of nullity, shall not have been complied with, but such Pro- — 19 — y made ling of such unJers- i it re- nd the gard to d valid thereof ay have nicd that •ks have )t the di- Y are not y the said es might i;ol— Bo it in Lower- or within ct, and ve- held to he iscertained the form, ed always, or in that ender valid lulary made the passing the absolu- of nullity, t such Pro- ves Verbal or boundary shall be null and void and of no effect, except only that in places where stones of the proper size cannot be procured, (which fact shall appear by the P races- Verbal ,) boundary marks of wood or other material may be used, and they shall have the same effect as the boundary marks of stone mentioned in this Act. XIX. Provided always, and be it enacted, That Provision as t.. m Cities, lowns and places in Lower-Canada citio* and , r 1 1 • 11 To\vu3 in L. C, where, from local circumstances, boundary stones or marks cannot be placed, the Surveyor shall in his Proc^- Verbal mention the fact, and shall fix the boundaries and describe his operations, by re- ferring to streets, neighbouring properties and other fixed objets, so as to enable any other Sur- veyor from such Procis- Verbaly to repeat the ope- rations, and ascertain the boundaries, points, lines and other particulars therein mentioned. XX. And be it enacted, That the Surveyor em- By what rules o imir Surveyors ghall ployed to make any Survey in the Townships of bo governed in Lower-Canada shall govern himself by the Sur- in the Town- t 111 1 • . . • • • ships of Lower- veys made under the plans and instructions issuing Canada. from the Surveyor-General's Office, or that of the Commissioner of Crown Lands, or other Officer performing the duties of Surveyor-General as afore- said, and whenever it shall happen that the posts or boundary marks between any lots or ran- ges of lots shall be effaced, remolded or lost, such Surveyor may examine witnesses on oath, (which he is hereby authorized to administer) for the (I) (1) See 18th, Vio. Cap. 81, Sec. 11. — 20 — I ' i i I j purpoRo of nnocrtnining the former bouiulnries, hut if the 8nme cannot ho nsccrtnincd, then the Surveyor shuU tneiisure the true diHtancc ])otweeu the nearest undisputed posts, limitH orhoundnrics and divide Huch distance into such nuinher of lots as the same contained in the original Survey, of a hrendth proportionate to that intended in sueh original Survey, as shown on the phm and field- notes thereof of record in such Public OflBcc as afore- said, und when any part of any Concession or Range Line, intended in the original Survey to he straight, shall be obliterated or lost, then the Surveyor shall run a straight line between the two nearest points or places where such line can be clearly and satisfactorily ascertained, and shall plant all such intermediate posts or boundaries as he may be required to plant in the line so ascer- tained, and the limits of each lot so found shall he taken to be and are hereby declared to be the true limits thereof ; any law or usage to the con- trary thereof in any wise notwithstanding. (luvorm.r may XXI. And be it cnactcd, That the Governor of if he thinks it , .#1111 . 1 uooewnry have this Troviuce may, II he shall nt any time deem it meridian linos ,, .. ..... . , drawn. expedient, direct a meridian Ime to be properly drawn and marked, or the bearings between cer- ts u fixed points and objects to be so ascertained as to enable a Surveyor thereby to ascertain the variation of his instrument from the meridian, in or near the Cities of Quebec and Montreal, ar I the Town of Three-Rivers, and the Towns . f Sherbrooke and New Carlisle, by some Land Sui- T?-; or whom the Governor may appoint, and by — 21 — which the liRnd Surveyor, opcratMip in Mich DistrictH, may verify their instruineni wli^n ne- fcssury. XXir. And be itenncteil, That tin inna«uie for **''**'"^"'' f" Livnrl in Lower-Canada shall be tnr nne as ii \ s • unii* >jxi«i ])efore the Year of Oiir Lonl one thousand so v«'n hn u- drcd and sixty, in all ^^rants of Scifi^niorics, and in the Concessions which have therein been made up to the pies* nt time, but in the Townships of Lower '^ Jin la the measure for Land shall be Ev.jolish nieahHiC. XXUl. And be it enacted, That every Land ^"""^''y '"•" hurveyor who shall, in Lowcr-Lanaaa, after the per (-uiKtamon . , 1 j> 1 • .under bouniln- ex pirn ti'^n of three months Iroin the passing otii«iinL. ( this Act, put as evidence or indications of his boundary marks, any other matter than is order- ed by the Fifteenth Section of this Act, shall for each offence incur a penalty of Five pounds. XXIV. And be it enacted, That each Land Sur- Sunuyofs in veyor practising in Lower-Canada shall collet and thoir 7'/-wt.s- place in regular and due order, all and every the proper order minutes of Profes- rer/^aw.^ that may have been, or may be drawn up by him, in the order of time in which such Proems- Verbaux may have been drawn up ; and shall collate and put up minutes of his Proch-Verbaux of every year in separate bundles, folded and covered with strong paper in the manner of a register, on the back ol which shall y> ^ endorsed the general contents of each bundle, and he shall make a repertory and index thereto. — 22 — u i Art to theoffi. XXV. And be it enacted, That when any Land dary line of the concession in which such lands are Proviso. situate, from whence the lots are numbered as afo- resaid, provided always, as aforesaid, that such division or side-lines, were intended, in the ori- ginal survey performed under such competent au- Provifo. thority as aforesaid, to run parallel to the said boundary ; Provided also, that when that end of a concession, from which the lots are numbered, is bounded by a lake or river, or other natural boundary, or when it has not been run in the ori- ginal survey performed under such competent au- thority as aforsaid, or when the course of the di- vision or side-lines of the lots therein was not in- tended in the original survey performed as aforesaid, to run parallel to such Boundary, the said division or side-lines shall run parallel to the boundary line at the other extremity of such concession, pro- vided their course was intended, in the original survey performed as aforesaid, to be parallel the- reto, and that such boundary line was run in the I'loviso, original survey j Provided further, that when in the original survey, performed under such com- petent authority as aforesaid, the course of the di- vision or side-lines in any concession was not inten- ded to be parallel to the boundary line at either endof such concession, they shall be run at such — 31 — Qiigle with ilie course of the boundary line i\t that end of the said concession from which tlie lots are numbered, as is stated in the plan and licld-notes of ihe original survey, of record in the office of the Commissioner of Crown Lands of this Province, provided snch line was run in the original survey us aforesaid, or with the course of tine boundary line at the other extremity of the said concession, if the boundary at that end of the concession from which the lots are numbered was not run in the ori- ginal survey as aforesaid ; or if neither of the aforesaid boundaries of the concession were run in the original survey, or if it be bounded at each end by a lake or river or other natural boundary, then at such angle with the course of the line in front of the said concession, as is stated in the plan and pmiso held-notes as aforesaid , Provided nevertheless, that if any division or side-line between lots, or proof-line intended to he parallel to the division or side-lines between lots, shall have been drawn in any such concession in the original survey thereof, the division or side-lines between the lots therein shall be drawn parallel to such division or side- line or proof-line ; and when two or more such di- vision or side-lines or proof-lines have been drawn in the original survey of such concession, that di- vision or side-line or proof-line which is nearest to the boundary of the concession from which the lots are numbered, and shall govern the course of the division or side-lines of all the lots in such concession between the boundary of the conces- sion from which the lots are numbered aud the I . ) ; if ■J I* — 32 — next division or sidt-lino or j)i()of-liiic diawn iu tli(> ori^'iniil survey, wliich shall govern the course ol' the division or sicK'-lincs of all the lots up to the \'ro\m next division or side-line ov prool-line drawn in tlie orif^inul sinvey ; or to the boundary ol the eon- cession towards which the lots arc numbered, as the ease may be : Provided further, that in all those townships in Upper-Canada, wiiich in the orif^inal survey have been divided into sections agreea])ly to an Order in Council bearing dat(;the twenty seventh day of March, one thousand eight hundred and twenty-nine, thedivisionor side-lines in all concessions in any secticm shall be govern- ed by the boundary lines of such section, in like manner as the divison or side-lines in town- ships originally surveyed before the said day are governed by the boundary lines of the concession in which the lots are situate. wimi shall be XXXVL And be it enacted, That the {v(vi of (IciMllcd tho 1 . _ . rp 1. • • 1 " /-I front of aeon- each concession in any lownship in upper-Ca- tain"ca3c/*u. *^"'^-^» whcrc ouly a single row of posts has been ^ planted on the concession lines, and the lands have been described in whole lots, shall be consi- dered to be, and the same is hereby declared to be that end or boundary of such concession which is nearest to the boundary ol the township from which the several concessions thereof are numbered : Provided always, that in those town- ships in Upper-Canada which are bounded in front by a river or lake where no posts or other boun- daries were planted in the original survey on the bank of such river or lake to regulate the width in •H 1 li ; — 33 — front of the lots in the broken front concessions, the division or side-lines of the lots in such broken iront concessions shall be drawn from the posts or other boundaries on the concession line in rear thereof, parallel to the governing line determined as aforesaid to the river or lake in front : Provided also, that when the line in front of any such con- ProviKo: wh«n cession has not been run in the original survey, of^any^^concM- the division or side lines of the lots in such con- J^^ -^J!^^^ ","! session shall be run from the original posts or monu- k'"*' """"'y ments placed or planted on the rear line thereof parallel to the governing line determined as afore- said to the depth ol the concession — that is, to the centre of the space contained between the lines in front of the adjacent concessions, if the concessions were intended in the original survey to be of and equal depth, or if the were not so intended, then to the proportionate depth intended in the original sur- vey, an shewn on the plan and field-notes thereof of record in the Office of the Commissioner of Crown Lands of this Province, having due respect to any allowance for a road or roads made in the original survey ; and that a straight line joining the ex- tremities of the division or side-lines of any lot in such concession drawn as aforesaid, shall be the true boundary of that end of the lot which has not been run in the original survey. XXXVII. And be it enacted. That in those Fronts of con- Townsh.ps in Upper-Canada in which the conces- toin other ca- sions, have been surveyed with double fronts, that lote,' etc!*u! c. is, with posts or monuments planted on both sides of the allowances for roads between the concessions, I -34 — i! ii (1) ki to concei- «ioDfi in cnsufl whore altemato ODUUCSHiODM liuoH only have bcuii run. U. C. Uulo whon a line is to be drumi parallel to a ffoverniiig lino. U C. and the landH Nhall liave been described in half lotH, the (livibion or side-lines shall be drawn from the posts at both ends to the centre of the conces- sion, and eiich end oi such concession shall be and the same is hereby declared to be the front of its respective half of such concession, and that a straight line joining the extremities of the division or side-lines of any half lot in such concession, drawn as aforesaid, shall be the true boundary of that end of the half lot which has uoi been bounded in the original survey. XXXVIII. And be it enacted. That in those Townships in Upper-Canada in which each al- ternate concession line only has been run in the original survey, but with double fronts as aforesaid, the division or side-lines shall be drawn from the posts or monuments on each side of such alternate concession lines to the depth of a concession, that is to the centre of the space contained between such alternate concession lines, if the concessions were intended in the original survey to be of an equal depth, or if they were not so intended, to the proportionate depth intented in the original survey, as shewn on the plan and field-notes thereof of record in the office of the Commissioner of Crown Lands of this Province ; and each alternate Concession line as aforesaid shall be and the same is hereby declared to be the front of each of the two concessions abutting thereon. XXXIX. And be it enacted, That every Land Surveyor, when and as often, as he is employed in Upper-Canada to run any division-line or side-line (1) See I8th Vic Cap. 83. Sec. 9. ■ i i i I mil — 35 — in half n from conccs- be and t of its that a division cession) idary of )ouuded in those each al- ii in the ^foresaid, from the alternate iion, that between )nce88ion» be of an tended, to e original field-notes aissionerof h alternate I the same ftch of the every Land mployed in or side-line between lots, or any linr re<|uiiiMl to run parallel to any division-line or side-line in the concession in which the land to be surveyed lies, ghall, if it has not been done before, or it it has been done, but the course cannot at such lime be ascertained, de- termine by astronomical observation, the true course of a straight line between the front and rear ends of the governing boundary line of the conces- sion or section, and shall run such divi8ion-line or side-line as aforesaid, truly parallel to such straight line, if so intended in the original survey, or at such angle therewith as h stated in the plan and field notes as aforesaid, which shall be deemed to be the true course of the said governing or boun- dary line for all the purposes of this Act, although such governing or boundary line as marked in the field be curved or deviate otherwise from a straight course ; and the same rule shall be observed, if a line is to be run at any angle with a.front line or other line, which may not be straight. XL. And be it enacted, That in all cases when Caso where tiie any Land Surveyor shall be employed in Upper- monumentoan Canada to run any side-line or limit between lots, provided for! and the original post or monument from which such line should commence cannot be found, he shall in every such case, obtain the best evidence that the nature of the case will admit of, respecting O such side-line, post or limit ; but if the same can- not be satisfactorily ascertained, then the Surveyor shall measure the true distance between the near- est undisputed posts, limits or monuments, and (1) Repealed by 18th Vic Cap. 83, Sec. 10 — 36 — t divide such disUince into such number of lots as the same contained in the original survey, assign- ing to each a breadth proportionate to that in- tended in such original survey, as shewn on the plan and field-notes thereof of record in the Office of the Commissioner of Crovi'n Lands of this Pro- vince ; and if any portion of the line in Iront of the concession in which such lots arc situate, or boundary of the Township in which such conces- sions are situate, intended in the original survey to be straight, shall be obliterated or lost, then the Surveyor shall run a straight line between the two nearest points or places where such line can be clearly and satisfactorily ascertained, and shall plant all such intermediate posts or monuments as he may be required to plant in the line so ascer- tained, having due respect to any allowance for a road or roads, common or commons, set out in such original survey ; and the limits of each lot so found shall be taken to be and are hereby declared, to be, the true limits thereof ; any law or usage to the contrary thereof in any wise notwithstanding. XLI. And whereas many Towns and Villages in Upper-Canada have been surveyed and laid out by companies and individuals, and by diffe- rent owners of the lands comprising the same, and lands have been sold therein according to the surveys and plans thereof: Be it therefore enacted lages laid out That all allowauccs for road, street or streets, by private par- common or commons, which have been surveyed ties. I . V. ' • in such Towns and Villages in Upper-Canada, and laid down on the plains thereof, and upon Re vital As to allow- ances for road or streets in Towns or Vil- m — 37 — which lots of land fronting on or adjoininp^ such allowances for road, street or streets, coniiiion or common have been sold to purchasers, shall be and the same are hereby declared to be public highways, streets and commons ; and all lines which have been run, and the courses thereof given in the survey of such Towns and Villages, and laid down on the plans thereof, and all posts or monuments which have been placed or planted in the first survey of such Towns and Yillajres to designate or define any such allowances for road, street or streets lot or lots, common or commons, shall be and the same are hereby declared to be the true and unalterable lines andboundaries of all such allowances for such road, street or streets, lot or lots, common or commons, in such Towns and Villages, respectively : Provided always, that no lot or lots of land in such Towns and Villages shall be so laid out as to interfere with, obstruct, shut up, or compose any part of any allowance for road, common or commons, which was surveyed and reserved in the original survey of the Town- ship or townships wherein such Towns or Villages are or may be situate. Provided also, that any Proviso owner or owners of any such Towns and Villages, or the owner or owners of any original division thereof, shall have lawful right to amend or alter the first survey and plan of any such Town or Vil- lage, or any original particular division thereof, provided no lots of land have been sold fronting on or adjoining any street or streets, common or commons where such alteration is required to be — 38 — rrovuo. Original own- era or thoir hoirs, &,o. to deposit plans of Towns, ic. Villages laid out liy them. U.C. IMan to be cer- tified. ii: f made : Provided also, that from and after the pass- ing of this Act, no such private survey shall be valid, unless performed by a duly authorized Sur- veyor. XLII. And be it enacted, That the original owner or owners of the lands forming the site of any Town or Village in Upper-Canada, mentioned in the next preceding Section of this Act, or the agent or agents, heirs or other legal representatives of the original owner or owners of any such Town or Village, or any original division thereof, shall, within one year from and after the passing of this Act, make or cause to be made and deposited in the Registry Office of the County wherein such Town or Village is situate, a fair and correct plan or map of such Town or Village, or original divi- sion thereof, on a scale of not less than an inch to every four chains, and lay down thereon, or cause to be laid down thereon, all roads, streets, lots and commons within the same, with the cour- ses and tvidth of the roads, streets and commons, and the width and length of all lots, and the courses of all division-lines between the respec- tive lots within the same, together with such in- formation as shall show the lot or lots, concession or concessions, tract or tracts, block or blocks of land of the Township wherein such Town or Vil- lage shall be situate, and every such plan or map of every such Town or Village or original division thereof, shall be certified by some Land Surveyor, and also by the original owner or owners thereof, or the legal representative or — 39 — representatives of such o\nier or owners, as being a correct plan or map of the same ; and every copy of such plan or map obtained from such Registry Office, and certified as correct by the Registrar of such County, shall be taken as evi- dence of the original plan and survey of such Town or Village in all Courts of Record ; and if any such owner or owners of any such Town or Penftity for Village, or any original division thereoi, or their agents, heirs, or other legal representatives, shall refuse or neglect to make or cause to be made, any such plan or map of any such Town or Vil- lage, or original division thereof, and deposit the same in a Registry Office of the County wherein the same is situate, within one year from and after the passing of this Act, he, she, or they shall for- feit and pay for such refusal or neglect, the sum of two pounds ten shillings, and a like sum for every year thereafter until such plan or map shall be made and deposited in the Registry Office of the County wherein the same is situate ; and the pay- ment of any such penalty or penalties shall not Effect of pay- be held to free or discharge such owner or owners, pelliity. *"^ their agents, heirs or other legal representatives, from any such penalties which may not have been paid at the time of such payment ; and all such penalties, fines and forfeitures may and shall be Recovery aud ,, 5 . . J !• 1 1 application of collected in the same manner and applied to the penalties. same purposes as like penalties, fines and forfei- tures are required to be collected and applied un- der and by authority of the sixth and seventh Sec- tions of the Act passed in the eighth year of Her 8 Vic. c. 59. Duty of the B«j;i8trar in whoso office any such plan 8ball be depo- sited. U. C. — 40 — Majesty's Reign, and intituled, Ah Act to declare certain Land in Upper-Canada liable to Assessment ^ and to oblige the owners of such Lands to make Re- turns thereof to the District Treasurer. XLIII. And be it enacted, That whenever any- such plan or map of any such Town or Village, in Upper-Canada, or original division thereof, shall be made and deposited in the Registry Office of the County wherein the same shall be situate, it shall be the duty of the Registrar of such County to make a record of the the same, and enter the day and year on which the same shall be deposited in his office ; and for such service the said Regis- trar shall be entitled to charge the same fees, and no more, than are by law established for making a record of any other document, which is by law required to be entered of record in such office ; and such Registrar shall thereupon keep a sepa- rate book for the registering of title deeds of lands situate in such Town or Village, in the same manner as is by law required for registering of title deeds forlands situate in Townships. Astounds in XLIV. And for avoiding all doubt as to the aii^oining con- ° cessions inoiud- application of the foregoing enactments in the ed in the same *^* it» grant, u. c. cases hereinafter mentioned : Be it declared and enacted, That in all cases where any Letters Pa- tent of grant, or other instrument, has issued for several lots or parcels of land in Upper-Canada, in concessions adjoining each other, the side-lines or limits of the lots or parcels of land therein mentioned and expressed, shall commence at the front angles of such lots or parcels of land respec- i: ".:^:i — 41 — lively, and shall be run as hereinbefore provided, and shall not continue on in a straight line, through several concessions, unless the side-lines or limits, when run as aforesaid, shall in intersect the corresponding- post or monument in the front of the concession next in rear, that is to say, each such lot or parcel of land shall be surveyed and bounded according to the provisions of this Act, independently of the other lots or parcels men- tioned in the same grant or instrument. XLV. And be it enacted, Thai each and every u^'^^^^kej" Land Surveyor in Upper-Canada shall keep exacl regular jour- •' '*^ *^ nals and field- and regular journals and field-notes of all his sur- notes, and fur- veys, and file them in the order of time in which parties intor- the said surveys have been perfoimed, and shall give copies thereof to the parties concerned when so required, lor which he shall be allowed the sum of five shillings currency, for each copy, if the number of words therein do not exceed four hun- dred words, but if the number of words therein exceed four hundred, he shall be allowed six pence additional for every hundred words therein, over and above four hundred words. XLVI. And be it enacted, That for better as- g"'^Y;"adml certaining the original limits of any lot, conces- ^^^^. •"**'" ^'^'^ sion, range, township or tract of land in Upper- poses. Canada, every Land Surveyor acting in that por- tion of this Province, shall be and he is hereby (i) authorized and required to administer an oath or oaths to each and every person whom he may ex- amine at any time concerning any boundary, post (1) See 18th Tie. Cap. 83, aeo. 7. ■i i ;■ I- — 42 — or monument, or any original land murk, line, li- mit or angle of any township, concession, range, lot or tract of land which such Surveyor may be employed to survey. EvidoncoUken XVLII. And bc it enaued. That all evidence by Surveyors in • -j • tt u. c. to be re- to be taken by any Surveyor as aloresaid, m Up- ting and si- pcr-Canada, shall be reduced to writing, and shall be read over to the person giving the same and signed by such person, or if he cannot write, he shall acknowledge the same as correct before two witnesses, who shall sign the same with the Sur- veyor ; and such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Surveyor, with refer- ence to any Survey by him performed, may be filed and kept in the Registry (Mceof the Coun- ty in which the lands to which it relates shall be situate, subject to be produced thereafter in evi» dence in any Court of Law or Equity within Upper-Canada ; and for receiving and filing the same, the Registrar shall be entitled to one shill- ing and three pence currency ; and the expense of filing the same shall be borne by the parties in the same manner as other expenses of the survey. Wilful false XLVIII. And be it enacted. That if any person swearing under , ,, . c ^ • -n • •!/< n this Act to bi shall, m any part ot this Province, wiltuUy swear ^' or affirm falsely concerning any matter with regard to which an oath may be required under this Act, such person shall be deemed guilty of wilful and corrupt perjury, and being thereof convicted before any competent Court shall be liable to be punish- ed accordingly. i i 1 ^ i — 43 — XLIX. And be it enacted, That if any action As to riue» in of ejectment shall be brought against any person from unokiifui or persons, who, after any line or limit shall have m^' have S been established according to this Act, in Upper- X^'ni*"''*' Canada, shall be found, in consequence ol unskilful [;;"y/"„gf!h">' survey, to have improved on lands not his, her or '^"f their own, it shall and may be lawful for tlic Judge o/ Assize, before whom such action shall have been tried, to direct the Jury to assess such da- mages for the defendant or defendants for any loss he, she or they may sustain in consequence of any improvement made before the commencement of such action, and also to assess the value of the laud to be recovered ; and if a verdict shall be found for the plaintiff or plaintiffs, no Writ of PoiBsession shall issue until such plaintiff or plain- tiffs shall have tendered or paid the amount of such damages as aforesaid, or shall have offered to re- lease the said land to the defendant, provided the said defendant should pay or tender to the plain- tiff the value of the land so assessed, before the fourth day of the ensuing term. L. And be it enacted. That from and after the Piaintiflfnot to ' havo coste in passing of this Act, in all cases in which the Jury 8«cb oases from 1 r 1 •; rue time defon- before whom any action oi ejectment shall be tried "iaat offers to in Upper-Canada, shall assess damages for the lands on recei- defendant as provided in the next preceding sec- ofWs improve- tion, for improvements made upon land not his thramoun**"'^ own, in consequence of unskilful survey, and when it suall be satisfactorily made to appear that the defendant does not contest the plaintiff's action for any other purpose than to obtain the value of rnlcsn tlio Jury shall aa- .seu th« impro- vomenta at less than the sum UemiiDded. Proviso : that no proof of PlaintiflTs Les- sor's titl* be re- quired. . —44 — the improvements made upon the hind previous to the alteration and establishing of the lines accord- ing to law, it shall and may be lawful for the Judge before whom such action shall be tried, to certify such fact upon the record, and thereupon the de- fendant shall be entitled to the costs of the de- fence, in the same manner as if the plaintiff had been non-suited on the trial, or a verdict rendered for the defendant ; provided the defendant shall, at the time of entering into the consent rule, have given notice in writing to the lessor or lessors of the plaintiflF in such ejectment, or to his Attorney named on the Writ or declaration of the amount claimed for such improvements on payment of which amount the defendant or person in posses- sion will surrender the possession to such lessor or lessors, and that the said defendant does not intend at the trial to contest the title of the lessor or lessors of the plaintiff; and if such notice shall on the trial be found not to have been given as aforesaid, or if the jury shall assess for the defen- dant a less amount than that claimed in the no- tice, or shall find that the defendant has refused to surrender possession of the land claimed, after tender shall have been made of the amount claimed then in any of such cases the Judge shall not cer- tify, and the defendant shall not be entitled to the costs of the defence, but shall pay costs to the plaintiff ; any thing herein contained to the con- trary notwithstanding ; Provided always, that upon the trial of any such cause no evidence shall be required to be produced in proof of the title of the lessor or lessors of the plaintiff. — i5 — LI. And be it enacted, That the words " Go- Tntcrpretation vernor of this Province" or "Governor" wher- ever they occur in this Act, shall be understood to include the Lieutenar' Jovernor or person Ad- ministering the Government of this province ; and the words " Upper-Canada " shall be understood to mean all that part of the Province which f(»rmer- ly constituted the Province of Upper-Canada ; and the words " Lower-Canada " shall be under- stood to mean all that part of this Province which formerly constituted the Province of Lower-Ca- nada ; and the words " Commissioner ol Crown Lands " shall be understood to mean the person discharging the duties of that officer ; and words importing the singular number only shall be un- derstood to in<;lude several persons, matters or ^ things of the same kind, as well as one person, matter or thing, unless it be otherwise specially provided, or there be something in the subject or context, repugnant to or inconsistent with such construction. LII. And be it enacted. That a copy oi this Copy of this Act shall be sent to every Land Surveyor in this to surveyor*" Province, in the same manner as the other Sta- tutes are sent to the parties entitled to receive the same. — 40 — SCHEDULK A. Form of a Certificate of Admission as a Provincial Land Surveyor. This is to certify to all whom it may concern, that A. B.,of in the District of hath duly passed his Examination before the Board of Examiners, and hath been found quali- lied to fill the office, and perform the duties of a Provincial liand Surveyor in and foi Upper (or Lower) Canada, he having complied with all the requirements of the Law in that behalf. Where- fore the said A. B. is admitted to the said Office and is by Law authorized to practise as a Land Surveyor in Upper (or Lower) Canada. In witness whereof, We have signed this Cer- tificate at in the District of Province of Canada, the day of one thousand eight hundred and Signature of the President, C D. Signature of the Secretary , E. F. ANNO DECIMO QUARTO A UECIMO QIINTO VICTORIiE REGINyE. CAP. IV. An Act to amend the Act concerning Land Sur- veyors. [2nd Avgiist, 1851.] WHEREAS it is expedient to amend the Proamiio. Act hereinafter mentioned in certain par- ticulars : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, (constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada^ and for the Government of Canada^ and it is hereby enacted by the autho- rity of the same, That so much of the Act passed in the twelfth year of Her Majesty's Reign, and inconsiBtent intituled, An Act to repeal certain Acts therein men- 12 Vict. c. 35, Honed, and to make better provision respecting the^^^'^ ^ ' admission of Land Surveyors and the survey of Lands in this Province, as may be inconsistent with this Act, shall be and is hereby repealed. II. And be it enacted, That for and notwith- ^^"^"'^'[J'^"^ standinsT anything: in the said Act, there shall pointed j of be two Boards of Examiners for the examination I I — 48 — ofCnndiduts for admission to practise as Laud Surveyors, one to consist of the CotntniHgioncr of Crown Lands, and eight other competent persons to be appointed from time to time by the Governor, nnd to meet at the City of Quebec for the exami- nation of Candidates for admission to pratisc ast Land Surveyors in Lower Canada, anJ the other to consist of the said Commissioner of Crown Lands, and eight other competent persons to be ap- pointed from time to time by the Governor, and to meet at the City of Toronto for the examination of Candidates for admission to practise as Land Surveyors in Upper Canada: and the present Kivod""*"^ Board of Examiners shall be dissolved ; and any three of the Members of either of the said Boards shall form a quorum ; and each of the said Boards or a majority thereof shall appoint a Secretary ; and the said Boards shall meet at the places herein- before mentioned respectively, on the days ap< pointed in and by the said Act for the meeting of the Board therein mentioned ; and each of the said Boards and the Members and Secretary thereof shall, as regards the examination of Candidates for admission to practise in that section of the Pro- vince, in and for which such Board shall sit, and as regards Surveyors practising therein, have the same authority, powers and duties as are by the said Act vested in the Board therein mentioned and its Secretary, and shall be bound by the same rules in the exercise and performance thereof. Quorum. .Secretary Meetings. Powers and '"»''*"" *" Htanding any thni^ in the hukI Act, every person piukatu fur cHirin^ to be exainincd IxMorc eitnor ot the hukI Buurds shall jfivo due notice thereof in writing; to the Secretary of such Jioard, at least one month previous to the nieetin;; thereof, and shall then pay ''^ to the Secretary the fee of five shillinfrs in the said Act mentioned ; and each applicant obtaininfjf a certificate shall pay to the Secretary the feeol Ten Shillings in the said Act mentioned. IV. And be it enacted, That for and notwith- P«« f'"- ""»>»- Standing any thing in the said Act, the sum paya- . ble by each applicant receiving a certificate shall ' be Five Pounds Currency, and not Two Pounds . Ten Shillings Currency, as in the said Act men- ' tioned ; and the said sum shall be applied and di- Application vided in the manner and to the purposes to which the said sum of Two Pounds Ten Shillings is by the said Act directed to be applied and divided. V. And be it enacted, That for and notwith- Oath of aii« , . . , • 1 » 1 -gi'^'X"* where Standing any thing in the said Act, the oath of to be depumt^ir allegiance and nf otfi<;e to be taken by persons ad- mitted as Surveyors shall, if taken in Lower Ca- nada, be Je|^»!!tited in the office of the Prothono- tary of xh» Superior Court in the District of Quebec i and if taken in Upper Canada, in the Registry Office in the County of York. VI. And be it enacted, That no instrument in article" of ap- writing under which any applicant ff" admission be'^'aiefi wltti to practise as Surveyor shall claim to have served J^thUi^a'SwB with some practising Surveyor the period of three ^'™^ (1) See 18 Vic. Cnp : 83. (2) See 18th Vic. Cap : 83. {■i) 1 I- — 50 — i ^ years, one year, or six months mentioned in the third section of the said amended Act, shall avail to authorize the admission of such applicant, un- less such instrument if executed before witnesses, or a notarial copy thereof, if it be a notarial ins- trument, shall have been t nsmitted to the Secre- nv tary of the Board before wliom the applicant is to be examined, within two months next after the date thereof if it be executed after the passing of this Act, or before the first day of January now next if it shall have been executed before the pas- sing of this Act ; and the said Secretary is hereby required to acknowledge by post the receipt ol all such instruments or copies thereof transmitted to him, and carefully to keep the same in his office. Recital. "VII. And whcrcas, owing partly to certain delays which have occured in the distribution of the Statutes and partly to other causes, many Proems- Verbaux of Survey in Lower Canada hare been drawn up in a manner substantially correct, but not in the precise form required by the said Act, and law suits and vexatious proceedings might Certain Prods grow out of the Same ; For remedy thereof, Be it firmed"^^ ^ "' enacted, That any Proems- Verbal now existing in Lower Canada which shall substantially contain such particulars as may be requisite for the full understanding of the Survey or operation to which it relates, and of the doings of the Surveyor, and the intention of the parties interested with regard to the same, shall be held to be authentic and valid, and shall have effect according to the tenor thereof, (1) Amended hj 18th Vic : Cap : 83 sees : 3. 4 and 5. i '■ < — 51 — whatever be the form ia which the same may have been drawn up. YIII. And be it enacted, That the Standard English Measures of I|ili- expenses (if any) attending the Examination, shall «int« 'or «"'- • 1 1 /^ • • ' ^ T 1 ra'ssion as be paid over to the Commissioner ol Crown Lands Land Survey and accounted for by him in like manner with other paid. moneys received by him, and it shall be lawful for the said Commissioner to pay to each Member of ;i "h Board attending any Examination and not ij---'ii. a salaried Officer of the Government, the sum ot one pound five shillings for each day's attend- ance, and to charge the same in his account as part of the expenses of his Office. II. No person shall, after the passing of this Act, act as a Surveyor of Lands within this Province unless he shall be dulv authorized to practise as a None but iicen- " sed persons to Land Surveyor according to the provisions of this a«t as Survey- Act, or shall have been so authorized before the passing thereof, according to the Laws then in force. III. Each apprentice to a Licensed Surveyor shall pay a fee of ten shillings to the Secretary of the proper Board at the time of transmitting to him „ *^ * /• • 1 1 ^®® ""* trans- his Indenture oi* Articles, in conformity with the mission of Ar- . , . /• 1 . 11 • 1 ■ 1 titles to Secre- sixth section oi the Act secondly cited m the tarjr. — 54 — preainble of this Act, nor shall such instrument be deemed to have been transmitted to the Secre- tary until such fee shall have been paid. Applicants U) jy Prom and after the passing of .this Act, no be examined r r> i before thoy can | ,,jon shall be admitted as an apprentice with any become appren- • _ _ ' ' •' tices to Survey- ji'rovincial Land Surveyor, unless he shall have previously passed an examination before one of the Boards of Examiners, or before one of the Mem- bers of the said Board, or before some Surveyor deputed by the said Board for the purpose, as to his knowledge of V'llgar and Decimal Fractions, the extraction of the Square and Cube root, of Geometry, Plane Trigonometry, Mensuration of Superficies, and the use of Logarithms, and shall have obtained a Certificate of such examination and of his proficiency, from the Board, and before Fees onexami- he shall be SO examined he shall pay into the Fee "ificate of\*uT Fund the sum of ten dollars as the fee due by him iifi(;ation, q^ ^xiiih examination, and a further sum of ten shillings to the Secretary for the said Certificate ; and applicants for such examination previous to apprenticeship, shall give one month's notice to the Secretary of the proper Board, of their intention to present themselves for examination, and pay to such Secretary a fee of five shillings for receiving and entering such notice. Appiicanta ha- y^ j^Jq applicant for admission as a Land Sur- ving served ' * fheir appren- vevor claiming to have served previous to the pas- ticeship before •' -, , . . , . , . , -i i i this Act, not sing of this Act, during the period prescribed by to be rejected ,,., . ri.n -i-i fir mere infer- the thu'd section ot the Act nrst cited m the pre- ' ^' ^ amble to this Act, shall be rejected for mere in- formality in or technical objection to the " instru- ct li'i Wl 'Hi — 55 — ment in writing, " under which he shall claim to have served, or to the date of the transmission or deposit thereof with the Secretary of the proper Board of Examiners, if he shall prove to the sa> tisfaclion of the Board of Examiners, that he has so served bond fide^ VI. Any Surveyor who shall be summoned to Allowance to 1 /-■■ ... . • 1 !• 1 Surveyors sum- attend any Court, civil or cnminul, for the purpose moned a^ wit- ol giving evidence m his professional capacity as a Surveyor, shall be .illowed for each day he shall so attend, the sum of twenty shillings (in addition to his travelling expenses, if any,) to be taxed and paid in the manner by law pro\ ided with regard to the payment of witnesses attending such Court. VII. When any Surveyor shall be in doubt as to Proceedings ,*,.." rrt 1 • c\ • when a Suivey- the true boundary or limit oi any lownship, Seig- ors shall re- gniory, ConcdSsion, Range, I;Ot or Tract of Land**mation^or lo- which he may be employed to survey, and shall ^"*on ofa ^ * have reason to believe that any person is possessed win^'noru.nin- of any important information touching such boun- **^^(./^h^ "' dary or limit, or of any writing, plan or document ^a^o. tending to establish the true position of such boundary or limit, then if such person shall not willingly appear before and be examined by such Surveyor or shall not willingly produce to him such writing, plan or document, it shall be lawful for such Surveyor or the party employing him, to file in the Office of the County Court, if the Survey be in Upper Canada, or of the Circuit Court, if the Survey be in Lower Canada, a Pracipe for a Subpoena or Subpana duces tecunij as the case may require, accompanying such appli- cation by an affidavit or solemn declaration to — 56 — be made before a Justice of the Peace, of the facts on which the application is founded, and the Judge may order a Subpccna to issue accordingly, com- manding such person to appear before the Sur- veyor, at a time and place to be mentioned in the saif^ S?'Z>pa?na, and to bring with him any writing, pi ji document mentioned or referred to therein ; and Huch Subpana shall be served on the person named therein, by delivering to him, or leaving for him with some grown person of his iamily at his residence, a copy thereof, and exhibiting to him or to such grown person, the original ; and if the person commanded so to appear by such Sub- poBna, shall, after being paid his reasonable ex- penses, or having the same tendered to him, refuse or neglect to appear before the Surveyor at the time and place appointed in the Smbpeena, or to produce the writing, plan or document (if any) therein mentioned or referred to, or to give such evidence and information as he may possess tou- ching the boundary or limit in question, such per- son so summoned shall be deemed guilty of a con- tempt of the Court out of which the Subpcena shall have issued, and an Attachment may be issued against him by the Judge of the said Court, and he may be punished accordingly, by fine or impri- sonment, or both, in the discretion of such Judge. Municipal VIII. Whenever the Municipal Corporation of l;l^uMthobI)un- any Township, City, Town or Incorporated Yil- unf~as*ion" lagc in Upper Canada shall adopt a resolution on * rtained*lnd' application of one half the resident Land-holders ""f'tf "2 v' •■" ^® affected thereby, that it is desirable to place (" '^^ stone or other durable monuments at the front or — 57- at the rear, or at the front and rear anjjlcs of iho lots in any Concession or Range, or part of a Con- cession or Range in their Township, City, Town or Incorpored Village, it shall and may he lawful for such Municipal Corporation to make a])])li- cation to the Governor, in the same manner as is provided in the thirty-lirst section of the Act firbt cited in the preamble to this Act, praying him to cause a survey of such Concession or Range, or part of a Concession or Range to he made, and such boundaries to he planted, under the autho- rity of the Commissioner of Crown Lands ; and the person or persons making such survey shall accordingly plant stone or other duiable monu- ments at the front, or at the rear, or at the front and rear angles of each and every lot in the said Concession or*Rangp, '»r part of a Concession or Range, and the limi' jf each lot so ascertained Expense-', iii>w and marked shall be taken to be and are hereby ^"^'^ declared to be the true limits thereof, any law or usage to the contrary notwithstanding; and the cost of the said survey shall he defrayed in the manner prescribed by the thirty-first section of thf Act first cited in the preamble to this Act. IX. And whereas some of the double front Con- MoiIo of .imw cessions in the Townships in Upper Canada, are [foubirfront.vi not of the full depth, and doubts have arisen as to the manner in which the division or side lines in such Concessions should be established : Be it therefore enacted. That in such Concessions the division or side lines shall be drawn from the posts at both ends thereof, to the centre of the Con- concessions n — 58 — cession, as provided in the thirty-seventh section of the Act first cited in the preamble to this Act, without reference to the manner in which the lotN or parts of lots in such Concession shall have been described for Patent. i;.i..c whoro tho X. In all cases when any Land Surveyor shall inonumont can- be employed in Upper Canada to run any side- not be fuuD(i, ,. T.» 1 11 ••! provided for in line or limits between lots, and the original post or monument from which such line should roin- mence cannot be found, he shall in every such case, obtain the best evidence that the nature of the case will admit of, respecting such side-line, post or limit ; but if the same cannot be satisfacto- rily ascertained, then the Surveyor shall measure the true distance between the nearest undisputed posts, limits or monuments, and divide such dis- tance into such number of lots as the same con- tained in the original survey, assigning to each a breadth proportionate to that intended in such ori- ginal survey, as shewn on the plan and field-notes thereof, of record in the office of the Commis- sioner of Crown Lands of this Province ; and if any portion of the line in front of the concession in Wh. oh such lots are situate, or boundry of the township in which such concession is situate, shall be obliterated or lost, then the Surveyor shall run aline between the two nearest points or places where such line can be clearly and satisfactorily ascer- tained, in the manner provided in this Act and in the Act first cited in the preamble to this Act, and shall plant all such intermediate posts or monu- ments as he may be required to plant, in the line — 59 — 80 ascertained, havinji^ due respect to any allow- ance for a road or roails, common or commons, set out in such original survey ; and the limits of each lot so found shall be taken to be and arc hereby declared to be the true limits thereof ; any law or usage to the contrary thereof in any wise notwilh- standing. XI. The provisions contained in the thirty-first j^j|^''^ "^^"^, section of the Act first cited in the ureambule to ""^i section 8 ' _ of this Act ox- the Act, as well as those contained in the eighth tended to lands section of this Act, shall extend to, and apply as ships of l c. we'.l to the lands held in free and common soecage in the Townships of Lower Canada as to lands in Upper Canada, and the powers in said sections conferred upon District, Township, City, Town and Village Councils for carrying out the pur- poses of said sections in Upper Canada, shall be vested in, and exercised by Township, Parish, Town and Village Councils in Lower Canada, as the case may be, within which the lands, to which snch provisions apply, may be situated ; And the expenses of any survey made under the cost how paid. provisions of said sections shall be paid by the Secretary-Treasurer of the Township, Parish* Town or Village Council within which such Sur- vey, is made, upon the certificate and order of the Commissioner of Crown Lands. i LIST or I/X:\l, ACTS UKI.ATINO TO 8URVKVS IN UPl'KU CANADA. AMI'orou;;!!,— Survey or ostaliliKlii-il • ■ •. • ■ • Ainulia<(l)iir^h, — Wilimil'H imrviiy L'ft.il)lish(!i|' • Aiioa.itor.l l''laiuli()ri)Uj{li Wi'hI, v.stikl>HHliin,u; iliviHion lincx LotWUUU TdlVllKllipM- ■ • • Iliiiir>ril, -Itciiaon's Hiirvciy In oHtiilili.^hnd.. Ilovorly,— Kirkpiiiiiok's i-uivi'y in I'.-lalilishurl- ■ . ...... Hovi'il y, — Uilli Vif. Cap. '.i.iO revived, eoiiliniKul iiml illlli-llltuij Chiiiliiim uikI Camdun,— 'I'll ostiiblish boundary linoH in rriinl of IfiU on river Tluiniofl.- • • ■ <'i>ruw:ill, — Survey boUvuou 7 A 8 coneu.-Hiouit Ciiruwull, — Ka>t boundary Vetcrborough, — Lino of part lots in established A. 1). A. R. I8.').i 16 Vic. 1H,-)U 134 14 Vio. 1825 6 0. 4th 1H54 18 Vic. ld5,i 16 Vie. 1855 18 Vic. 18:;7 7 Wni. 4 1830 11 0. 4 184;} 7 Vie. 1850 13A14Viu. 1854 18 Vie. 1823 4 (J. 4th 1850 13A14 Vio. 1847 lOAUVic. 1349 12 Vio. 1826 7 a. 4th 1834 4 W. 4th 18:« 3 W. 4th 1846 9 Vic. 1855 18 Vic. 1855 18 Vio. 1835 5 W. 4th 1820 10 U. 4th 1834 4 W. 4th 185J 16 Vic. 1855 18 Vic 1847 lOAllVic. 1849 12 Vic. 1832 2 W. 4th 1855 18 Vio. 18.i5 5 W. 4th 1847 lOAllVio. 1850 13 A 14 Vic. 1822 2 0. 4th 1829 10 G. 4th 1853 16 Vic. CAP. 225 88 !> 25 230 173 BR 15 42 84 29 35 85 63 102 16 20 38 49 172 151 20 li 21 228 154 53 102 19 156 26 64 86 14 14 228 102 19 156 26 64 86 — (H — -*i 225 88 & 25 •iM 173 5S 15 42 84 29 35 85 6:i 102 A. U PeterlHWHuli,— Ri'penl of 16th Vl<'. rh. 229 Si»ltfltH!t k Hinl.nx.k,— ^i'illin)( (liUl.ultitfn in.. Saltflcot A |{iMlinH)l<,--.\i 1 iiuiKiulfil (■'milh, — C'mrito