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STATUTES

RELATING TO

SURVEYS AND SURVEYORS

ONTARIO.

ISSOED BY THE ASSOCIATION OF ONTARIO LAND SBRVETOBS,

1899.

TORONTO :
WARWICK BROS & RUTTKR, I'KINTKRS, 68 AND 70 FKONT STREET WEST.

HMK).

TA50I, A6,f^-.

TABLE OF CONTENTS.

'' The Ontario Land Surveyors' Act " ^^°^-

" The Surveys Act " ^

" The Ontario Land Sf rvpvnrc' a -■ , ^^

Chapter 18) . . . . ' """""''""''' '"■ '"i Vict. 1898,

An Act respecting Disp' 'tl: 'c^cerning Bou'nda,; Li„;,; 3'

ihe Und Titles Act." Extracts from

" The Municipal Act." Extracts from "

"The Railway Act of Ontario." Extracts fro.n '"

Koads m Incorporated Townships

Certificate (Crown Lands Plans, etc) '^^

List of Acts, etc., etc. ... ^^

[iii]

156232

AN ACT RESPFXTING LAND SURVEYORS.

(Chapter i8o, R.S.O. 1897).

AN ACT RESPECTING THE SURVEYS
OF LANDS.

(Chapter 181, R.S.O. 1897).

AN ACT TO AMEND THE ACT RESPECTING

THE ASSOCIATION OF ONTARIO

LAND SURVEYORS.

(61 Victoria, Chapter 18.)

r
c

5\N^

Chap. 180.

LAND SURVEYORS.

Sec. 1.

7. LA^'D SURVEYORS AND SURVEYING.

CHAPTER 180.
An Act respecting Land Surveyors.

Short Title, s. 1.

Intekpketation, 8. 2.

Who only may act a.s land Sur

VEYORS, s. 3.

Association of Ontario Land Sua

VEYORS, s. 4.

Powers of, hs. 5. (>.

Council of hianaoement and offi-
cers, .ss. 7-14.

Qualification of voters and offi-
cers, s. 15.

Term of office, s. 16.

Disputed elections, s. 17.

Annual meetiso, s. 18.

Board of examinerjs, ss. 19-21.

ADMIS.SION OF apprentices, 88 22-

24.

Qualifications for admission to

PRACTICE, ss. 25-29.
Transfer of apprentices, as. 30, 31.
Instrument of apprenticeship to

BE FILED, 8. 32.

Examination of candidates for

admission to practice, SB. 33-

35.

Security, s. 3(>.

Oath of allegiance and of office
8. 37. '

Suspension of surveyors, s. 38.
Fees to association, 8. 39.
Witne.ss fees, s. 40.

i^EQISTER OF PERSONS ENTITLED
88. 41-43. '

Publication of annual heoister,
8. 45.

Fraudulent registration, s8 46
47. '

Recovery of fees and penalties,

s. 48.
Notices and documents, s. 49.
Application and investment op

FUNDS, 8. 50.
A( • "NTS TO BE KEPT AND AUDITED,

a. 61.

TTER MAJESTY, by ami with the advice and consent of the '
i follows •!!! ^««^"^^^'y «f the Province of Ontario, enacts

AcC ^^55 v1 sTs'^ls'at ^' " ^''' ^"^'*''''' ^'''''^ Surveyors' Short title.

INTERPRETATION

5J.-(1) The expression " Comniis,sioner of Crown Lands " Interpre-
whereyer it occurs m this Act, shall mean the person autho- !f^™ •

rised to discharge the duties of that office
c. 152, s. 1.

R. S. O. 1887, "oner of
Crown
Lands

/'a\ rri- • iianas."

a ''Prnvtrfr'TQ" ^"^''"^ ^^"^ Surveyor" shall include "Ontario
a Provincial Land Surveyor." 55 V. c. 34 s 18 (2) Land Sur-

veyor.

Sec. 6 (2).

LAND SURVEYORS.

Chap. 180.

Who may act
as land tiur-
veyor.

REGISTRATION OF LAND SURVEYORS.

3. No person shall act a.s a surveyor of lands within this
Province unless he has ho.vn duly authorized to practise as a
land surveyor according to the provisions of this Act, or had
been so authorisi-d before the passing thereof, according to the
laws then in force, and shall have l)econie registered and shall
continue to be registered under the provisions of this Act,
under a i)enalty of $40. R. S. 0. 1887, c. 152, s, 2 ; 55 V. c.
34, s. 1 ; GO V. c. 27, s. 21.

ARBociation
of Ontario
Land
Surveyors.

Powers of.

By-law8

ASSOCIATION OF ONTARIO LAND SURVEYORS.

4. — (1) The A.ssociation of Ontario Land Surveyors is here-
by continued as a body corporate with perpetual succession and
a common seal ; and all persons who are now members of the
Association sliall continue members thereof subject to the
by-laws of the Association and the provisions of this Act.

(2) All persons who were prior to the 14th day of April,
1892, duly authorised to practise as land surveyors, and such
other persons as shall become hereafter duly authorised so to
practise under the ])rovi.sions of \his Act, shall, upon becoming
duly registered as hereinafter ]> ovided, become members of
the said Association. 55 V. c. 34, s. 3, ])ai-t.

5. The said Association shall have ower to acquire and
hold real estate not exceeding at any ;. e an annual value of
$5,000, and to alienate, exchange, morigfcge, lease or otherwise
charge or di.«!pose of the said real estate, or any part thereof, as
occasion may require, and all fines and fees payable under this
Act, or under any by-law which may be passed by the Asso-
ciation under the poweis heieby granted, shall belong to the
Association for the purpose of this Act. 55 V. c. 34, s. 3,
part.

6. — (1) The said Association may pass by-laws not incon-
sistent with the provisions of this Act for the —

(a) Government, discipline and honour of its members ;

(b) Management of its property.

study or practice of the profession ; and •

(rf) For all such other purposes as may be necessary
for the working of the corporation.

(2) All by-laws shall be prepared by the council herein-
after named, and be ratified by the Association at the annual
general meeting, or at a special general meeting, to be called
for the purpose. 55 V. c. 34, s. 3, part.

Chap. 180.

LAND SURVEYORS.

Sec. 7 (I).

1.— (1) There shall be a Council of Management of the ^'«>>cil of
Association consi.stinjjof the Oonunissionerof Crown Lands, the ^''''B'""^" •
rie.sident and Vice-Fresiilont of the A-s.^ociation, and six other
elective menilier.s, to be elected and hold oflice as hereinafter
provided.

(2) The Council shall elect annually one of its memV)ers as
its (yhairnian, and shall appoint fi'oni amongst the inendteri of
the Association such other oHiccrs as may be necessary for the
workiufj of this Act, who shall hold othce durinjf the pleasure
of the (Jouncil. 55 V. c. 34, s. 4, part.

8. The members of the Association shall elect annually OflScers.
from amongst their numher a I'rcisident, Vice-President, Secre-
tary-Treasurer two Auditors anil two mendx-rs of the Council
of Management, and the Secretary-Treasurer of the As.sociati()U
shall be the Registrar of the Association and Secretary of the
Board of Examiners, 55 V. c. 34, s. 4 (1).

(2) The said President, Vice-President. Secretary-Treasurer,
Auditors ami two meud)ers of the Council may be elected at
the annual general meeting in each year, provided their elec-
tion is unanimous. 55 V. c. 34, s. 4 (2) part.

9. — (1) Should th^ election of any of the officers mentioned Election by
in the preceding sc ''m not be made unanimously at the " ° '
annual general meeting, and a ballot be demanded for the
election of any of them by any member of the Association en-
titled to vote at such election, then and in every such case the
President, or in his absence, the Vice-President, shall appoint
two scrutineers to count the ballots, and the Secretary-Treas-
urer shall at such annual general meeting receive nominations
of candidates for the office or offices in respect of which such
ballot shall have been demanded, and the election shall take
place in the manner hereinafter provided. 55 V. c. 34, s. 4
(2) part.

(2) All elections under this Act shall be by ballot if de-
manded, and shall be conducted in the manner provided by the
by-laws of the Association. 55 V. c. 34, s. 4 ( 1 lb).

10. At least one week after the annual general meeting, at Voting
which a ballot was demanded, the Secretary-Treasurei", as P*P^''*
Registrar of the Association, shall send by post, to each
member of the Association, when his address is known, the
form of voting paper in Schedule B to this Act, with the list

of the names of all candidates nominated at the annual <'eneral

meeting, and also a list of the retiring members, and the vot-
ing for officers and members of the Council shall be limited to
the persons who have been so nominated. 55 V. c. 34, s. 4 (3).

1 1. The votes at an election by ballot for officers and mem- When to be
bers of the Council of Management shall be given by closed '«*""»«'*•

Sec. ]5(1).

LAND SURVEYORS.

Chap. 180.

Counting of.

voting papers, in .the form in Schedule B to this Act, or to the
like eflect, and .shall be delivered to the Secretary-Treasurer of
the A.ssociation at his office, between che hours of ten o'clock in
the forenoon and four o'clock in the afternoon, on any day
between the second Tuesday of March and the first Tuesday
of April in each year in which an election by ballot is held,
and any votino^ papers received by the Secretaiy-Treasurer by
post during the time aforesaid shall be deemed to be delivered
to him for the purposes of the election. 55 V. c. 34, s. 4 (4).

I'i. — (1) The voting papers shall upon the Thursday after
the first Tuesday of April be opened by the Secretary-Treasurer
of the Association in the presence of the scrutineers appointed
as above provided, who shall examine and count jhe votes,
and keep a record thereof in a proper book provided by the
Council.

(2) Any person entitled to vote at the election shall be
entitled, to be present at the opening of the voting papers.

(3) The persons who have the highest number of votes for
officers or members of the Council, as the case may be, shall
be declared elected. 55 V c. 34, s. 4 (5-7).

1 li. — ( 1 ) In case of an equality of votes between two or more
persons which leaves the election of one or more officers or
members of the council undecided, then the scrutineers shall
forthwith put into a ballot box a number of papers with the
names of the candidaves respectively having such equality of
votes written thereon, one for each candidate, and the Secre-
tary-Treasurer of the Association shall draw from the ballot
box, in the presence of the scrutineers, one or more of the
papers sufficient to make up the required number, and the
person or persons whose name or names are upon the papers
so drawn shall be the officer or officers or the member or mem-
bers of the Council as the case may be.

Deohration o! (2) Uoon the comp etion of the counting of the votes and
result. of t;ijg scrutiny, the Secretary-Treasurer shall forthwith declare

the result of the election, and shall as soon as conveniently
may be, report the saDie in writing, signed by himself and by
the scrutineers, to the President rf the Association. 55 V.
c. 34, s. 4 (8, 9).

Case of
equality of
votes.

Where voting
paper has too
many names.

Qualification
of voters.

1 4. In the event oi any elector placing more than the re-
(|uired number of names upon the voting paper for members
of the Council, the first names only, not exceeding the required
number, shall be taken for the members of the Council. 55 V.
0. 34, s. 4 (10).

ir». — (1) Th*^ persons qualified to vote at an election shall be
such persons as are members of the Association who have paid
all fees due from them to the Association under the provisions

111

Chap. 180. LAND SURVEYORS. Sec. 15 (1). 7

of tliis Act and of any by-law of the Association. 55 V. c. 34,
s 4 (11a), s. 8 (4;.

(2) No per.son shall be elif^fible for election to any office or Of officers,
to the Council, or qualified to fill any vacancy thereon, or to
a])p' itnient by the Council to any office, unless his fees
have been paid and he is duly (pialirted under the provisions
of this Act, and the by-laws of the Association. 55 V. c. 34,
s. 4 (12).

H». — (1) Except in the case of an appointment to fill a Term of office
vacancy caused by the resignation, death or dismissal of a comicU.^^" °^
member of the Council, all elected members of the Council
shall hold office for the term of three years, iind until their
successors shall have been elected.

(2) In case of the resignation, death or dismissal of the
President, Vice-President, or any elective member of the
Council, the other members of the Council shall have power to
fill any vacancy so caused. 55 V. c. 34, s. 4 (13).

I "3. In case o.'; any doubt or di.spute as to who has or have Disputed
been elected to any office, or as a member or members of the
Council, or as to the legality of the election of any such officer
or officei's, member or members of the Council, it shall be law-
ful for the other duly elected officers and memb'^rs to be, and
they are hereby constituted a committee to hola an enquiry,
and decide who, if any, is, or are, the legally elected officer or
officers, or member or members of the Council, and the person
or persons, if any, whom they decide to have been elected,
shall be and be deemed to be the officer or officers, or member
or members legally elected, and if the election is found to have
been illeg.al, the said committee shall have power to order a
new election. 55 V. c. 34, s. 4 (14).

1 8. The annual general meeting of the Association shall be Annual
held in the City of Toronto on the fourth Tuesday in February f^^^'^^ °"'^'-
in each year, and at such place as the Council may appoint.
Due notice of such meeting shall be given by the Secretary-
Treasurer, to each member of the Association, by circular letter,
posted to his registered address, at least ten davs before such
meeting. 55 V. c. 34, s. 4 (15), s. 8 (4).

isions

BOARD OF EXAMINERS.

19. — (1) There shall be a Board of Examiners for tie Board of
examination of candidates for admission to study, and also for Examiners
such other examinations as the Council may hereafter prescribe
for candidates for admission to practise as land surveyors,
which board shall consist of the Chairman of the Council, the
Secretary-Treasurer, four other members of the association,
to be appointed by the Council, and two to be appointed by
^\(i Lieutena-it-Governo'. in Council.

Sec. 22.

LAND SURVEYORS.

Chap. 180.

Oath of
Pkatr.iner.

Meetings
when and
where to be
held.

(2) The six members to be appointed as aforesaid shall
respectively hold office for a term of three years. In case of
the resignation, death or inability to act of any member of the
Board file Lieutenant-CJovernor in Council, if such meiuber
was appointed by him, and the Council of the Association
if such member was appointed by the Council, .shall appoint
a member of the A.ssociation to be a member of the Board of
Examiners for the unexpired portion of the term.

(3) The Chairman of the Council shall be the Chairman of the
Board of Examiners, and three niend)ers of the Board shall
form a quorum.

(4) The Council may also appoint competent persons to assist
the l)oard of Examiners in any of the subjects of examination,
and shall have the power to fix the expenses and fees to be
paid to any of the .said examiners, subject as hereinafter pro-
vided to the restrictions hereinafter contained in respect of
pavments to members of the Board. 55 V. c. S'i, s. 4 (IG, 17) ;
GO'V. c. 27,s. 22.

(5) Each member of the Board of Exiuninei-s .shall take the
followini;' oath of office before a Judge of a County Court, or a
Justice of the Peace :

T, of hiiving l)ii'ii ;ii)i)oiiite(l a member of thV Hoard of

Examiners for the admission of Ontario Land Surveyors for the Pro-
vince of Ontario, do sincerely iiromi.se and swear that J will faithfully
disch.u'ge the duties of such ottice witluut favour, att'ectiou or partiality.
So help me (iod.

Swurn before me at this day of 18

65V.C. 34,8.4,(18).

20. The said Board shall meet at the office of the Connnis-
sioner of Crown Lands, on the second Monday in the month
of February, in every year, imless such Monday be a holi-
day (in which case they sliall meet on the day next there-
after not being a holiday), and may adjourn such meeting
from time to time if thev deem it neccs.sary. R. S. O. 18(S7,
c. 152,.s. 6. GO V. c. 27. s."!.

Payment of
examiners.

*■£!. The Council shall, for each clay's attendance pay, out
of the funds of the As-sociation, to each member of the Board
of Examiners, who attends any exainiiiations, such sum, not
less than $G nor more than $H, as the Council iiuiy by by-law

determine, and his travelling expenses.
GO V. c. 27, s. 25.

55 V. c. 34, s. G.

APPRENTICES.

Qualification 852. No person shall be admitted as an apprentice with any
l^au^apnren- Ontario Land Surveyor unless he has previously pa.ssed an
tice, and ex- exanunati<jM to the satisfaction of the Board of E.xaminers. in
applican""^ pennuinshij), orthography, English grammar, arithmetic,
algebra, (including sipiare-ruot logarithms and (juadratic equa-

Chap. 180.

LAND SURVEYORS.

Sec. 22.

tions), Euclid, (first four books and deductions,) plane trigo-
nometry, spherical tii^ononietry as far as and including the
solution of right-angled triangles, mensuration, practical geo-
metry, (including the use of i-uling-pen and the construction of
plane and comparative scales) Canadian and general geography
and Canadian history, and has obtained a certificate of such
examination and oi his proficiency from the Board. 60 V.
c. 27, s. 2.

33. Every applicant shall before being so examined pay to Examination
the Secretary-Treasurer of the Association the fees chargeable «»^d certificate
as hereinafter provided for the said examination and certifi-
cate. R. S. O. lcS87, c. 152, s. 8.

34. Applicants for examination previous to apprentice- Notice to be
ship, shall give one month's nt)tice to the Secretary of the ^jjc™ t'^' "'^''
Board of their intention to present themselves for examina-
tion, and shall pay to the said Secretary the fee for receiving

and entering such notice.

R. S. 0. 1887,c. 152, s. 9.

QUALIFICATION FOR ADMISSION TO PRACTISE.

35. Except as hereinafter pnivided no person shall be ad- Qualification
mitted to practise a.s a land surveyor in and for Ontario until [l^practise!""
he has atta^ixcd the full age of 21 years, and has passed an
examination before the Board of Examiners in the following
subjects, viz., geometry, including the first six books of Euclid,
(with the exception of the last *V ^rteen propositions of the
fifth book) algebra, including progressions, plane and spherical
trigonometry, mensuration of superficies, laying out and
dividing of land, descriptions by metes and bounds for deeds
and other documents, the use and adjustment of surveying
and levelling instruments, the laying oxit of curves, practical
astronomy, including finding of time, latitude, longitude,
azimuth, variation of the compass, and drawing meridian lines,
the Acts relating to the survey of lands in Ontario, I'he Mines
Act, The Registry Act, .so far as it refers to plans, the Municipal ^^^i^, 13g';
Acts, so far as they relate to roads, surveys and drainage. The cc. 226, 285.
Drainage Act, The Ditches (ind Watercourses Act, the theory
and practice of levelling, the principles of evidence, drawing of
affidavits, taking of field notes and preparing plans, the rutli-
ments of geology and mineralogy, elementary botany and the
forest Mora of Canada, and the sufticiency of his survey- Apprentice-
iiyy instruments, and has served reuulai-lv and faithfuDv, si"!'-
for three successive years, except as is in this section
hereinafter provided, under an instrument in writing duly
ericcuted before two witnesses, as apprentice to an C)ntario Land —

Surveyor, duly admitted and practising therein as such, nor
until he has received from tlie said land surveyor a certificate
of his having .so served during the said period, or proves to the
satisfaction of the Board that he has so served. E. S. 0. 1887,
0.152,8.10. 60 V. c. 27, s. 3.

Sec. 29.

LAND SUllVEYORS.

Chap. 180.

Attendance of
apprentice
at School of
Practical
Science or
institution
with similar
course of
study.

Peraona quali-
fied in other
British domin-
ions may be
admitted to
practice in
Ontario.

36. Any person serving as an apprentice as hereinbefore
provided, may, with the permission of the Board of Examiners
attend tlie Ontario Scliool of Practical Science, or any school,
colle<;e, or university, the course of study in which is, in the
opinion of the Board, sufficiently similar to that in the Ontario
School of Practical Science, for the purpose of taking any
course of study -which includes any subjects required for the
final examination for admission to pi-actise as a land surveyor,
but the total period of such apprenticeship and of such course
of study shall not exceed tlu' period of four years from the
date of the articles of apprenticeship as above mentioried, and
not less than three years of the said period of four years shall
be passed in the actual .service of a practising Ontario Land
k5urveyor. 60 V". c. 27, s. 4.

*ZT . In case a person who has attained the full age of 21 years
and who has been practising as a land surveyor in any of Her
Majesty's dominions other than this Province, .shall satisfy the
Boaid of Examiners that the (jualifications for practising re-
quired of such person in the said dominion, were sufficiently
sinular to those re([uired in this Province, and shall pi'oduce
to the said Board his diplomas or certificates, such pei'.son shall
not be re([uired to serve as an apprentice, or shall only be
requii'ed to serve during such period not exceeding three years
as the said Board may consider requisite, after which such
per.son shall, on complying with the other requirements of this
Act, have the right to undergo the final examination, or such
portions thereof as the said J^(^ard may consider necessary,
and shall, if found (pialified, be admitted to practise as a land
surveyor in Ontario. 00 V. c. 27, s. fi.

'iH. The privilege of a shortened term of apprenticeship shall
also be accorded to any graduate of the Roval Military Colle<>-e
at Kingston, or of the Ontario School of Practical Science,
in civil euirinei'vinii' or in minin<>' enoineerincr, or of the McGill
College, Montreal, in civil engineering or in mining engineering,
and such per.son .shall not bo required to pass the pre-
liminary examination hereinbefore required for admission
to apprenticeship with a land surveyor, but shall only be
l)ound to serve under articles with a practising land sur\' yoi-,
duly filed as required by section 32 of this Act, during
twelve successive months of actual practice, after which, ou
complying with all the other re(|uirements, he may undergo
the examination prescribed by this Act. R. S. O. 18S7, c. 152,
- s. 14 60 V. c. 27, .s. 7(1).

Attendance at 'ii^. Such person at any time during his apprenticeship may,

certain schools ^yij;!^ I;]^g permission of the Board of Examiners, attend the

ticesiiii). Ontario School of Practical Science, or any school, college, or

university, the course of study in which is, in the opinion of

the Board, sutficiejitly similar to that in the Ontario School of

Practical Science, for the purposes of taking any course of

Graduates
of Royal
Military Col-
lege, Kinsrs-
ton, or of On-
tario School
of Practical
Science, and
McGill Col-
lege, Mon-
treal, to have
certain privi-
leges.

Chap. 180.

LAND SURVEYORS.

Sec. 29.

studj' which includes any subjects required for the final ex-
amination for admission to practise as a land surveyor, but
the total period of such apprenticeship, and of such course of
study, shall not exceed the period of two years from the date
of the articles of apprenticeship as above mentioned, and not
less than twelve months of the said period of two years shall
be passed in the actual service of a ])ractising Ontario Land
Surveyor. GO V. c. 27, s. 7 [^2).

150. If a sui'veyor dies or leaves the Province, or is sus- If surveyor
pended or dismissed, or ceases to practise, his appi'entice may service °'
complete his term of apprenticeship, under an instrument in i ..^y be com-
writing as aforesaid, with any registered surveyor in actual anoaler^iir
practice. R. S. 0. 1.SS7, c. 152, s. 15. 60 V. c. 27. s. 8. veyor.

3 1 . A surveyor may, by an instrument in writing, transfer an Instruments of
apprentice, with his own consent, to another registered may be trans'^
surveyor in actual practice with whom he may serve the ferred.
remainder of the term of his apprenticeship. R. S. 0. 1887,
c. 152, s. 16. 60 V. c. 27. s. 9.

3?8. No instrument in writing under which an applicant Instruments
for admission to practise as a surveyor claims to have served ^jc^io^e tird
with some practising surveyor for the re([uii"ed period shall avail etc. *

to authorize the admission of an applicant, unless the in-
strument, has been traaismitted to the Secretary of the Board
within two months next after the date thereof, nor unless the
fee in respect thereof mentioned in section 39 of this Act was
by the apprentice paid to the Secretary of the Board at the
time of transmitting the indenture or articles ; and the said
Secretary shall acknowledge l)y post the receipt of all such
instruments or copies thereof transmitted to him, and shall
carefully keep the same filed in his office. R. S. 0. 1887, c. 152,
s. 17. 60 V. c. 27, s. 10.

ADMISSION OF CANDIDATES.

lili. Every person desiring to be examined by the Board as Notice of

to his (lualification to be admitted as a land survevor, shall "ive examination
J. ,^i ,. . ... , ,1 r-i , ,.11^-. ,^ to be given by

notice thereof in writing to the Secretary of the Board, at least candidates for
one month previous to the meeting therof. R. S. 0. 1887, fidmisBiou.
c. 152,s. 18.

154. Every person applying for admission to practise as a The boaru t..
land surveyor shall produce to the Board satisfactorv certifi- req"''*' .^^'t-ifi-

1 , "^-1 . .' 1 ., 11., , •, „ cites of good

cates as to character tor probity and sobriety, and before a conduct, etc.

certificate is granted shall perform such practical operations in

the presence of the Board, and shall answer such tpiestions on

oath (which oath any member of the Board may administer)

with regard to the actual practice of such applicant in the field,

and with regard to his surveving instruments, as the said Board

may require. R. S. 0. 1887,"' c. 152, s. 19.

Sec. 38 (1).

LAND SURVEYORS.

Chap. 180.

If the examin- ;55_ If the said examiners are satisfied as to the qualifica-
th^oandidate tious of the Candidate, and his compliance with all the pre-
they are to liminary requirements of this Act, they .shall grant him a
certificate." Certificate in the form following :

This

Candidates to
give security,

to certify to all whom it may concern, that A. B. of
in the County of has duly passed

his examination before the Board of Examiners, and has been found
qualified to till the office and perform the duties of ;ni Cnbiriu I iind
Surveyor in and for Ontario, he having complied with all the re.juire-
ments of the law in that behalf. Wherefore the said A. B. is admitted to
the said office, and is by law authorized to practise as a land surveyor in
Ontario.

In witness whereof, we have signed this certificate at the City of
Toronto, in the County of York, and Province of Ontario, Dominion of
Canada, the day of 18 .

Signature o} the Cliah-man, G. D.
SUjnaturc of the Secretary, E. F.

and such certificate shall, on the applicant complying with
the other requirements of this Act, entitle him to practise
as a land surveyor in and for Ontario. R. S. O. 1887, c. 152,
s. 20.

J5<».-(1) Each applicant, before receiving the above mentioned
certificate, shall, with two sufiicient sureties <o the satisfac-
tion of the said board of examiners, or the Chaii'mau or
Secretary thereof, enter into a bond jointly and severally in
the sum of $1,000 to Her Majesty, Her Heirs and Successors,
conditioned for the due and faithful performance of the duties
of his office. R. S. O. 1887, c. 152, s. 21 (1). 60 V. c. 27, s. 11.

(2) The said bond shall be deposited and kept in the man-
ner by law prescribed with regard to 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 Provincial Secretary. R. S. 0. 1887, c. 152, s. 21 (2).

O^t^* of li7. — (1) Each applicant, after having been granted a cer-

offi^c^?"''' ^^ tificate, shall also take and subscribe the oath of allegiance,
and the following oath before the Board of Examiners, or a
member thereof specially deputed hy the Board for that pur-
pose who are hereby empowered to administer the same :

" 1, A. B , do .solemnly swear {or affirm, as the case may be) that I will
faithfully discharge the duties of a land surveyor, according to law, with-
out favour, affection or partiality: So help mo (jiud."

(2) The said oaths of allegiance and of office .shall be deposited
in the office of the Provincial Secretary. R. S. 0. 1887, c 152,
s. 22. 60 V. c. 27, s. 12.

Where bonds
to be de-
poaiied.

SUSPENSION FOR MISCONDUCT.

Digmissai or 38. — (1) The Council may in their discretion suspend or
members." "' dismiss from the Association any land surveyor whom they

180.

Chap. 180. LAND SURVEYORS. Sec. 3h (1) 13

find guilty of gross negligence or corruption in the execution
of the duties of his office ; but the council shall not take action
until a complaint made under oath has been filed with the
Secretary-Troasunn-, and a copy thereof forwarded to the party
accused, nor shall the Council suspend or dismiss such land
survcij'or without having previously summoned him to appear
in order to be heard in his defence, nor without having heard
the evidence offered in support of the complaint and on behalf
of the surveyor inculpated, and all such evidence shall be
taken under oath, which oath the Chairman of the said Council,
or person acting as such in his absence, or the Secretary, is
hereby authorized to administer, and all such evidence shall be
taken down by a duly qualified stenographer, as in the case of
evidence taken in the High Court of Justice.

(2) Any surveyor so dismissed or suspended may, within
fourteen days after the order or resolution of dismissal or sus-
pension, appeal to a Judge of the High Court against such
order or resolution by giving seven days notice to the Council,
and may require the evidence taken to be filed in the Central
Ofiice of the High Court, and the costs of such appeal shall
be in the discretion of the Judge.

(3) Unless the order or resolution shall be set aside or the
Judge or Council shall otherwise order, any surveyor so sus-
pended or dismissed shall not have the right to practise as a
surveyor until after the appeal shall have been disposed of,
except where the time for which he was so suspended shall
have expired. 55 V. c. 34, s. 5 (1).

(4) The Council may in their discretion suspend or dismiss
from the Association any member, and cause his name to be
removed from the register, if such member has upon indict-
ment been convicted of any crime by any court of competent
jurisdiction. 60 V. c. 27, s. 24.

(5) If the Council think fit in any case, they may direct the
Registrar to restore to the register any name or entry erased
therefrom, either without fee or on payment of such fee, not
exceeding the arrears of fees due to the Association by such
person, as the Council may, from time to time, fix, and the
Registrar shall restore the same accordingly. 55 V. c. 34,
s. 5 (2) ; 60 V. c. 27, s. 23.

FEES.

150. The following fees shall be paid to the Secretary- Tariff of fees.
Treasurer for the use of the association :

1. By every pei'Sduduly iuithorized to practise as a land surveyor under
the provisions of this Act on applying for registration under this Act, the
sum of $i ;

2. By eacli member of this association an annual membersliip fee of 5?4;

3. By each apprentice at the transmitting to the secretiiry the inden-
ture or articles of such apprenticeship, ^1 ;

Sec. 42 (3).

LAND SURVEYORS.

Chap. 180.

Witness fees.

4. By each cnndidato for oxamiimtlon, with his notice tliereof, for
receiving and entering such notice, ^1 ;

5. By each applicant obtfiining a certiticato, as a fee thereon, ^2;

6. By each applicant receiving a certificate to practise, as an admission
fee, ^30 ;

7. By each api)rentico with each transfer of articles as a fee for register-
ing same, $2 ;

8. By each applicant receiving a certificate to practise, being tlie fee
for orticial notice in the OnUu-io Gazette, $1.

55 V. c. 34, s. 7 ; 60 V. c. 27, h. 26.

40. The sum of $5 shall be paid to every .surveyor sumnioned
to attend any civil or criminal court, for the purpose of
giving evidence in hi.s professional capacity as a surveyor, for
''each day he so attends, in addition to his travelling expenses
(if any), to be taxed and paid in the manner by law pro-
vided with regard to the payment of witnesses attending such
court. R. S. O. 1887, c. 152, s. 25, item 5.

REGISTRATION OF PERSONS ENTITLED.

How register 41. It shall be the duty of the Secretary -Treasurer of the
to be kept. Association as Registrar of the Association, to make and
keep a correct register in accordance with the provisions
of this Act, as shown in Schedule A hereto of all persons
who shall be entitled to be registered under this Act. and
to enter opposite the names of all registered persons who shall
have died a statement of such fact, and from time to time to
make the necessary alterations in the addresses of persons
registered, and subject to this Act to kei'p the register in
accordance with the by-laws of the A.*isociation and the orders
and regulations of the Council. o5 V. c. 34, s. 9 and .s. 17 par

4*i. — (1) No person entitl.d to be registered under this
Act, who neglects or omits to be so registered shall be
entitled to any of the rights or privileges conferred by regis-
tration under the provisions of this Act so long as such neglect
or omission continues.

(2) A I'egistered surveyor desiring to give up practice
may have his name removed from the registered list of practi-
tioners at any time upon giving written notice to the Secretaiy-
Treasurer of such desire, and paying up all fees due from him to
the Association, and thereafter hv shall not be liable to the Asso-
ciation for any annual or other fees, and may, upon like notice of
his intention to resume practice and pfiying the annual fees
for the year in which such notice is given, have his name re-
registered.

(3) No name shall be entered in the register, except of per-
to admit im- ^^jjg authorized by this Act to be registered, nor unless the

Effect of
otnitting io
register.

Removal of
names from
list.

Registrar not
to admit im-
proper entries,

" Registrar is satisfied by pi'oper evidence that the person claim-
ing to be entitled to be registered is so entitled, and any

Chap. 180. LAND SURVEYORS. Sec. 42 (3). 15

appeal from the decision of the Registrar shall be decided by
the Council of the said Association, and any entry whi-li shall
be proved to the satisfaction of such Council to hav-e been
fraudulently or incorrectly made, shall be erased from or
amended in the register by order of such Council. 55 V. c. lU,
. 10 (1-3).

(4) The Association may by by-law provide that any sur-
veyor who has been in the actual practice of his profession for
a period of thirty-five years or more, and has during the entire
period been a duly qualified surveyor, may be exempted from
the payment of the annual membendiip fee to the Association.
55 V. c. 34, s. 10 (4) ; 60 V. c. 27, a. 27.

4li. Any person who was duly authorized to practise as a Omission to
surveyor of lands in the Province of Ontario on the 14th day through
of April, 1S92, who through absence, illuess or inadvertence, abeence, etc.
has omitted to become a member of the said Association may
be admitted by the Council to enrolment as an Ontario Land
Surveyor upon payment of the arrears of fees or such part
thereof as the Council may direct. 55 V, c. 34, s. 11 (2).

44. — (1) No person, unless registered as above provided, shall Penalty for
be entitled to tal<e or use the name or title of Ontario Land Sur- wWle'^
veyor, either alone or in combination with any other word or unregistered,
words, or any name, title or description implying that he is
recfistcred under this Act.

(2) Any person who, not being registered under this Act,
takes or uses such name, title or description as aforesaid, shall
be liable on summary conviction to a fine not exceeding S20
for the first offence, and not exceeding $50 for each subset [uent
offence. 55 V. c. 34, s. 11(3).

45. The Registrar of the As.sociation shall in every j^ear A register of
cause to be printed, published and kept for inspection at his ^urveyorf
office, free of charge, under the direction of the Council, a cor- to be publish-
rect register of the names in alphabetical order, according to '^n""» y-
the surnames, with the respective residences, in the form set
forth in Schedule C to this Act or to the like efl'ect, of all
persons appearing on the general register, on the first day of
January in every year, and such register shall be called the
" Surveyors' Register," and a copy of such register, for the
time being, purporting to be so printed and published as afore-
said, shall be evidence in all Courts, and before all Justices of
the Peace and others, that the persons therein specified are
registered according to the provisions of this Act ; Provided "o^iso.
always that in the case of any person whose name does not
appear in such copy, a certified copy under the hand of the
Registrar of the Association of the entry of the name of such
person in the register, shall be evidence that such person is
registei'ed under the provisions of this Act. 55 V. c. 34,
s. 12 (1).

16 Sec. 49 (2). LAND SURVEYORS. Chap. 180.

FKAUDULENT REOISTUATION.

Feaalty for
making
improper
entriea.

Penalty for
proouring
entry by
fraud.

4tt. If the Hegi.strar shiili wilfully make, or cau.se or allow
to be made aiiA' falsification, in any matteis relating to the
register, he shall be liable, upon .summary conviction thereof,
to a fine of not le.s.s than $20 and not more than $50 be.sides
costs, and in default of payment, to imprisonment for a period
of six months, unles.s the line and costs shall be sooner paid.
55 V. c. 84, s. 12 (2).

41. Any person who wilfully procures or attempts to pro-
cure registration under this Act, by making or pi'oducing or
causing to be produced, or made any false or fraudulent repre-
sentation or declaration, either verbally or in writing, that he
is entitled to such registration, shall be liabie, upon summary
conviction thei'eof, to a fine of not less than $20 and not more
than $50 besides costs, and in default of payment, to imprison-
ment for a period of six months, unless the fine and costs be
sooner paid, and the Council may remove the name of the
offender from the registry. 55 V. c. 34, s. 13. ,

Recovery of

fe.' and
pern ies.
Kev. Stat.
c. 90.

RECOVERY OF FEES AND PENALTIES.

48. — (1) All fees payable under this Act may be recovered as
ordinary debts due the A.ssociation ; and all penalties under this
Act may be recovered and enforced before any Justice of the
Peace, in the manner directed by The Ontario Summary Con-
victions Act.

(2) Any sum or sums of money arising from convictions and
recovery of penalties as aforesaid, shall be paid immediately
upon the recovery thereof, by the convicting Magistrate to
the Registrar of the Association.

(3) Any person may be prosecutor or complainant under
this Act, and the Council may allot such portion of the penal-
ties as they may deem expedient towards the payment of such
prosecutor. 55 V. c. 34, s. 14. '

NOTICES AND DOCUMENTS.

Notices and 4!>.-(l) Subject to the other provisions of this Act, all notices
documents and documents required by, or for the purpo.ses of this Act to
mailed. be sent, may be sent by post by registered letter, and shall be

deemed to have been received at the time when the letter con-
taining the same would be delivered in the ordinary course of
mail, and in proving such sending it shall be sufficient to prove
that the letter containing the notice or document was prepared
and properly addressed and mailed.

Form of, and (2) Such notices and documents may be in writing or in

how may be print, or partly in writing and partly in print, and when sent

to the Council or other authorities, shall be deemed to be

Chap. 180.

LAND SURVEYORS.

Sec. 49 (2).

properly addressed if addressed to the said Council or author-
ities, or to some officer of the Council or authority at the
principal plac(^ of business of the Council or authority, and
when sent to a person re^'istercd under this Act, shall be
deenietl to be properly addressed if addressed to him accord-
ing to his address registered in the register of.the Association.
66 V. c. 34, 8. 15.

HOW FUNDS TO HE APPLIED,

SO. — (1) All moneys arising from fees payable on registra- How fees,
tion, or from the annual fees, or from the sale of copies of the g**')!^^
register or otherwise shall be paid to tb ^ Registrar of the ^^^ ' '
Association to be applied in accordance with such regulations as
may be made by the Council for defraying the expenses of
registration, and other expenses of the execution of this Act.

(2) The Council shall have power to invest any sum not ex- Investment
pended as above, in such securities as shall be approved of by '" "««=""*>««•
the Government of the Dominion of Canada or of the Province

of Ontai-io, in the name of any three of their number appoint-
ed as trustees, and any income derived from any such inve.stetl
sums shall be added to and considered as part of the ordinary
income of the A.ssociation.

(3) The Association may also use surplus funds or invested In certain
capital for the rental or purchase of land or premises, or for ^"'''^'"8*-
the building of premises to serve as offices, examination halls,
lecture rooms, libraries, or for any other public i)urpose con-
nected with land surveying. 55 V. c. 34, s. 16.

51. The Secretary-Treasurer and Registrar of the Associa- Accounts to
tion, shall enter in books to be kept for that purpose a true auditS.*"'*
account of all sums of money by him received and paid under
this Act and such account shall be audited by the auditors,
and submitted to the Council and Association at such time or
times as they may require. 5d V. c. 34, .s. 17 part.

SCHEDULE A.

Schod. B.

I,ANI> SURVEYOUS.

Cliap. 180.

SCHEDULE A.

(Section 41)
• FoKM or Rkoimtkh.

Name.

ReBidence. I Q"al«ficft-

P. O. .-ul.lroHs' *,'V'l' '""•
iiddituiiiB.

Wlion ftd-
iiiittod

When I
cmiHod to
piiicticu.

Whon
died.

o5 V. c. :U, Sche.l. A.

SCHEDULE B

{Section 11.)
Form of Voting Pai'eu.
Association of Ontario Land Surveyors Election 18

I. of the

in the county of
member of tlie Association of Ontario Land Surveyors, do hereby declare

CD That the signature affixed hereto is in my proper handwriting.

(2) I vote for A. B., oi the , of

in tlie county of , as president, vice-president

secretarv-treanurer, auditor o>- auditcjrs, as the cane may be.)

(3) I vote for the following iiers(jns as members ox che council of
management of the association of Ontario Land Surveyors : — A. B.,oi the

of in the county of , and

C. D., of the of in the county

(4) That I have signed no otlier voting paper at this election.

(5) That this voting paper was executed on tlie day of the date
thereof.

Witness my hand this day of , A.D. 18

55 V. c. 34 Sched. B.

180.

ChuiJ. 180.

r.AND 8UKVEVORS.

Sclu'd (J.

li»

SCHEDULE C.

(Sf.ctittn 4o)
SuKVKVOKs' Annual Keuixtkr, Ist Januaky, IH ,

Namr.

RoHidenco.
P. (). iiddreBB.

QimlificiitioiiH
-iiiid lulditiiiiiH

55 V. c. 34, Sched. C.

^^■^

Sec. 3.

SURVEY OF LANDS.

Chap. 181.

CHAPTER 181.

An Act respecting the Survey of Lands.

Short title, h. 1.

Certain bounmiahy mnkh valid, s. 2.

Standard of measure, ss. 3, 4.

ChAIN-ISEARERS — OATH OK, S. 5.

Power to pass ovkr lands in dis-

<"har(1e of duty, s. 6.
Survey of boundary lines,ss. 7-38.

Private surveys in cities, towns
and villages, SB. 39-42.

llOAD ALLOWANCES, S. 39.

Journals and field notes, s. 40.
Administration of oaths, s. 41.
Manner of taking evidence, a. 42.
Offsnces and penalties under
C. S. C. c. 77, s. 31.

Short title. ' • '^^^^^ ^^ct may be cited as " The Surveys Act."

CEllTAIN 130UNDAKY LINES DECLARED VALID.

Boundary *^- All boundary or division lines legally established, and

lines hereto- ascertained untler tlie authority of Ordinances or Acts here-
ed confirmed, tofore in force, shall remain good, and all other acts or things
legally d<jne and pert'oniied under the authority of the said
Ordinances or Acts, or any of them, and in conformity to the
provisions thereof, .shall remain good and valid notwithstand-
ing the repeal of any such Onlinance or Act. R. S. O. 1887,
c. 152, s. 26.

STANDARD OF MEASURE.

The standards '»i. The standard t)f English measure of length, compared
"^ "TTd"^*^ with and corrected by the standards for such measures estab-
lished in this Province, and procured by the Commissioner of
Crown Lands for th(> purpofse of comparing therewith the
standards to l>e kept by each surveyor a.s hereinafter provided,
.sliall V)e deposited with the Secretary of che Board of Examinex'S
at Toronto, an<l the .said Secretary, under such in.structions as
he from tinu; to time receives frcnn the Board, shall examine,
test and stamp each standard measure of length for the sur-
veyors, wlio bring the same for examinaticm, in the same
manner as the Commissioner of Crown Lands may do and with
the same effect; antl for eacli measure .so examined and stamped
such Seci'etary may demand and receive such sum not less
than fifty cents, nor more than $2, as the Council of Manage-
ment of the As.sociation of Ontario Land Surveyors may by
by-law determine. R. S. 0. 1887. c. 152. s. 27 ; 60 V. c. 27. s. 13.

■*v

Chap. 181.

SURVEY OF LANDS.

Sec. 4.

4. Every Ontario Land Surveyor duly admitted and practis- Surveyors to
ing sliall procure and shall cause to he examined, corrected and procure a
stamped or otherwise certified by the Commissioner of Crown dard^meLure
Land, or some one deputed by him for that purpose, or by the of length.
Secretary aforesaid, a standard measure of length, under tlie
penalty of the forfeiture of his license or certificate, and shall,
previously to proceeding on any survey, verify by such stand-
ard the length of his chains and other instruments for measur-
ing. R. S. O. 1887. c. 152, s. 28.

CHAIN-BEARERS.

a. Every chain-bearer shall, before he commences his chain- Chain-bearers
ing or measuring, take an oath or affirmation to act as such justly ^nd'oath'to'
and exactly according to the best of his judgment and ability be taken,
and !;o render a true account of his chaining or measuring to
the surveyor by whom he has l)een appointed to such duty, and
that he is absolutely disinterested in the survey in question,
and is not related or allied to any of the parties interested in
the survey within the fourth degree, according to the compu- jj^ ^^^ within
tation of the civil law — that is to say, within the degree of degree of first
cousin-german, which oath the surveyor employing such chain- ?P"'i" t° ^J!^'
bearer is hereby authorized and required to administer ; and ployed,
no person related or allied to any of the parties within the said
degree shall be employed as a chain-bearer on any survey.
R. S.O. 1887, c. 152, .s.'^29.

PAS.SING OVER OTHER LANDS.

a. A land surveyor, when eno-aofed in the performance ^^hen land
of the duties of his profession, may pass over, measure along may pass over
and ascertain the bearings of any line or limit whatsoever, P"vate lands,
and for such purposes may pass over the lands of any person
whomsoever, doing no actual damage to the property of such
person. R. S. O. 1887, c 152, s. 30.

i;{.

DETERMINING BOUNDARY LINES.
T. Where a surveyor is in doubt as to the true boundary Co""^ to be

1 • . , ii J. I • • 1 J. i i 'i' adopted by

or limit or any townslup, concession, range, lot or tract oi surveyors to
land which he i.s employed to survey, and has reason to believe ascertain
that any ]i(>rson is possessed of any inqiortant information ^{",", Sb"*''
touching such boundary or limit, or of any writhig, plan or ful, etc.
document tending to establish the true position of such boun-
dary or limit, then if such person does not willingly appear bo-
fori' and be examined by such surveyor, or does not willingly

produce to him .such writing, ])lan or document, such surveyor

or the party employing him may file in the office of the County

Court a prjecijie for a subpo'iia or subpoMia (lures tri'um. as the ^'^y subpima

case may re(iuii-e,accoiiipanyiiigsuch api)lication Ity an affidavit ^'''"'^'^'**''*-

or solemn declaration to be made before a Justice of the Peace,

of the facts on which the application is founded, and the Judge

Sec. 13.

SURVEY OF LANDS.

Chap. 181

Sfi'vice of
subi)aMia.

may order a subprt^na to issue accordingly, commanding such
per.son to appear before the surveyor, at a time and place to
be mentioned in the said subpoena and to bring with him any
writing, phxn or document mentioned or referred to therein.
R, S. O. 1887 c. 152. s. 81.

8. The subpoena sluill be served on the person named

therein by delivering a copy thereof to him, or by leaving the

same for him with .some grown-up per.son of his family at his

m residence, exliibiting to him or to such grown-up person the

original. R. S. O. 1887, c. 152, s. 82.

Tenalty *>. If the pcr.son commanded to appear by the subpama,

tying. ,^^^^,^. \^^>[l■^g p.^jj ]-^\^ reasonable expensi's, or having the same
tendered to him, refuses or neglects to appear before tlie sur-
veyor at the time and place appointed in the subpoena, or to
produce the writing, plan or document (if any) tliorein men-
tioned or referred to, or to give sucli evidence and information
as he may po.ssess touching the boundary or limit in question,
the person so sunuuoned shall be deemed guilty of a contempt
of the Court out of which tlie subpcena issued, and an attach-
ment may lie issued against him by the Judge of the said
Court, and he may be punished accordingly, by fine or impri-
sonment, or l)oth, in the discretion of tlie Judge. R. S. 0.
1887, c. 152, s. 33.

Stone inonu- I O. Stone monuments, or monuments of other durable ma-

iilaced a*t rer- Aerials, shall be placed at the several corners, governing points

tain pi.iiitH in or otf-sets of every township already surveyed, or after this

towiishipH. ^g^ takes eft'ect from time to time surveyed, and also at each

en<l of the several concession line.; of such townships ; and

lines drawn in the manner hereinafter pre.scribed from the

monuments so erected, shall bo taken and considered to l)e the

permanent boundurv lines of such townships and conces.sions

respectively. R. S. (). 1887, c. 152, s. 84.

Umler di- II. The m'^uumeuts to be placed as above mentioned shall

rection .if \)Q sjQ placed under the direction and order of the Connuissioner

of Crown or C'rowu l^uuls. a. b. O. 1887, c. lo2, s. 3o.
Lands.

Boundaries as- I '■^- The courses and lengths of the .said boundary lines, so
cntained aw _ a.scertaiued and established, shall on all occasions be the true
courses and lengths of the boundary lines of the said town-
.ships and concessions, whctlu'r the same do or do not, on
actual survey, coincidi' with the courses and lengths men-
tioned and expressed in respect of such boinidarv lines in any
letters patent of grant or other instrument. R. S. 0. 1887,
c. 152. s. 3G.

aforesaid to be
di!eni(>d tlu
true ones.

Monuments I 'i. It shall not be accessary or of the Connuissioner of Crown

need not lie f^^uds to proceecl to carry the proxisions of the last preceding
Hs 1*0-12 ex- three sections of this Act into execution, until an aj)plication for
112

Ohap. 181.

SURVEY OF LANDS.

Sec. 13.

that purpo.so has been made to the Lieutenant-Governor, by the oopton Uie
council of the county in which the township or tcwnsliips *|^'i''^^^j'Jjy "^
interested is situate, and sucli council shall cause the sum re- council,
quisite to defray the expenses to be incurred, or the proportion
thereof payable by the inhabitants of any township or conces-
.sion, to be levied on the said inhabitants, in tlie same manner
as any sum required lor any other local purpose authorized by
law may be levied. R. S. 0. 1887, c. 152, s. 87.

14. — (1) Whereas in several of the townships in Ontario in what cases
some of the concession lines, and side road lines, or parts of *'**' tfiwuship

, , • 1 • - • 1 IT , ^ • , 1 council may

tlie concession lines and side road lines were not run in the apply to have
orifrinal survey performed under competent autliority, and the i""»"'>»nts

o „ "^ ^ P .1 • !• 1 •! 11- placed to mark

survey oi some or the concession lines and side road lines, or concession and
parts of the concession lines and siile road lines liave been *.''^« ™*<i
obliterated, and owing to tiie want of such lines the inhabi-
tants of such concessions are subject to serious inconvenience,
therefore the municipal council of the town.ship in whicli such
lines are situated, may, on application of one-half the resident
landholders in any concession, or part of a concession, or upon
its own motion without such application, apply to the Lieu-
tenant-Governor, requesting him to cause any such line or lines
to be surveyed and marked by permanent stone or iron
boundaries under the direction and order of the Commissioner
of Crown Lands, in the manner prescribed in this Act, at the
co.st of the proprietors of the lands in each concession or part
of a concession interested.

(2) The concession lines, where not run, or where they have Depth of ad-
been obliterated, shall be so drawn as to leave each of the Sessions""
adjacent concessions of a depth proportionate to that intended
in the original survey.

(8) The survey of the parts oi those concession lines in- How lines to
tended to l)e straight, and which wen; not run or which have be established,
been obliterated, shall be established by drawing a straight
line between the two nearest points or places wlnjre such line
or lines can be clearly and satisfactorily ascertained. 11. S. 0.
1887,c. 152, s. 38(1 -:i).

(4) On the return of sucli survey to the Con'nnissioiier of S°Crown'°°*''"
Crown Lands, he shall cause a notice thereof to be advertised Lands may
once in each week for four weeks in some newspaper pul)lished *^*fI'*''^JJ,hi"h^'^^
in the county town of the county in which the hinds lie, and the lines to be
shall specify in the advertisement a day not less than ten days the permanent
from the last publication on whieli the n^jwrt of the survey will
be considei'ed, and the parties att'ected then^by heard, and on
the hearing the Coininissioner may either couHrm the survey
or direct sucli" amendments or corrections to be made as sliall ,
seem just, and sliali coiifii'in the survey so amended or corrected,
and the lines oi- parts of tlie lines sj surveyed and marked as
aforesaid, shall thereafter be the permanent boundary lines of
such concession or side roads or part of concessions or side
roads, to all intents and puiposes of law, whatsoever, and the

Sec. 17.

SURVEY OF LANDS.

Chap 181.

order of the said Conunissioner confirming the said survey
shall be final and conclnsive upon all parties, and shall not be
questioned in any court whatsoever. GO V. c. 27, s. l^.

Expenses to be (5) The council shall cause to be laid before them an esti-
pro^ded^for"^ mate of the sum requisite to defray the expenses to be incurred
' ' in order that the same may be levied on the said proprietors,
in proportion to the quantity of land held by them respectively
in such concession or part of a concession, in the same man-
ner as any sum required for any other purposes authorized by
law may be levied. R. S. O. 1887, c. 152, s. 38 (5).

Municipal
councils may
have the
boundaries of
lots as-
certained and
marked.

Boundaries
to be marked
with durable
monuments.

How cost to
be defrayed.

1 5. — (1) Whenever the municipal council of any township,
city, town or incorporated village adopts a resolution, on
application of one-half the resident landholders to be aflfected
thereby, or upon its own motion, that it is desirable to
place stone or other durable monuments at the front or
at the rear, or at the front and rear angles of the lots in any
concession or range or block or part of a concession, or
range or block in their township, city, town, or incorporated
village, such municipal council may make application to the
Lieutenant-Governor, in the same manner as is provided in sec-
tion 14, praying him to cause a survey of such concession or
range or block, or part of a concession or range or block, to be
made, and such boundaries to be planted, under the authority
of the Commissioner of Crown Lands. R S. 0. 1887, c. 152,
s. 39 (1).

(2) The surveyor making such survey .shall accordingly
plant stone or other durable monuments at the front, or at the
rear, or at the front and rear angles of each and every lot in
such concession or range or block, or part of a conces.sion or
range or block, and after confirmation of the survey in the
manner provided in the fourth subsection of the preceding
section, the limits of each lot so ascei'tained and marked
shall be the true limits thereof. R. S. 0. 1887, c. 152, s. 39 (2) ;
60V.c.27,s. 15.

(3) The cost of such survey .shall be defrayed in the manner
prescribed by .section 14 of this Act. R.S. 0. 1887, c. 152,
8. 39 (3).

Municipal l^»- AH expenses incurred in making any survey, or

treasurer to placing any monument or boundary under the provisions of
steD'^j. " '° section 10 and the following sections, sliall be paid by the
treasurer of the municipality which made the application for
the survey, to the person or persons employed in such
services, on the certificate and order of the Commissioner of
Crown Lands. R. S. O. 1887, c. 152, s. 40 ; 60 V. c. 27, s. 16.

Boundaries 11. All l)oundary lines of townships, cities, towns and

placed under villages, all concessicm lines, governing points, and all boundary

the authority ,. ® ,. . ,• ° i i i i i

of the Govern- lines oi Concessions, sections, blocks, gores and commons, and
merit to be q\\ ^[([q lines and limits of lots surveyed, and all trees marked

deemed the *'

true ones, etc.

Chap, 181. SURVEY OF lands. Sec. 17 25

in lieu of posts and all posts or monuments, marked, placed
or planted at the front or rear angles of any l6ts or
parcels of land, under the authority of the Executive
Government of the late Province of Quebec or of Upper Canada
or of Canada, or under the authority of the Executive Govern-
ment of this Province, shall be the true and unalterable
boundaries of all and every such townships, cities, towns,
villages, concessions, sections, blocks, gores, commons, and lots
or parcels of land, respectively, whether the same upon ad-
measurement be found to contain the exact width, or more or
less than the exact width mentioned or expressed in any letters
patent, grant or other instrument in respect of such township,
city, town, village, concession, section, block, gore, common,
lot or parcel of land. R. S. 0. 1887, c. 152, s. 41.

1 8. Every township, city, town, village, concession, sec- Townships,
tion, block, gore, common, lot or parcel of land, shall embrace i',race*the™
the whole width, contained between the front posts, monuments width be-
or boundaries, planted or placed at the front angles thereof re- f^n^^p^gtg

^spectively, .so marked, placed or planted as aforesaid, and no
more nor less, any quantity or measure expressed in the
original grant or patent thereof notwithstanding. R. S. 0.
LS87,c. 152, s. 42.

1 9. Every patent, grant or instrument, purporting to be for As to aliquot
any aliquot part of any concession, section, block, gore, common, ships, "etc."^^"
lot or parcel of land in any such township, city, town or village,
shall be construed to be a grant of such aliquot part of the
quantit\- the same may contain, whether .such quantity be more
or less tlian that expressed in such patent, grant or instrument.
R.S.0. 1887,c. 152,s. 43.

/50. In every city, town or village, or any part thereof. Road allow-
,>, . . which has been surveyed by the authority aforesaid, all allow- etc!''V)"be*'^^'

'^ ' ances for any road, street, lane or connnon laid out in the public high-

original survey of such city, town or village, or any part ^'*^^"
[^^ i thereof, shall be public highways and connnons ; and all posts

^-» I or monuments placed or planted in the original survey of .such ^ j

city, town or village, or any part thereof, to designate or define >?3^

any allowance for a I'oad, street, lane, lot or connnon, .shall be Monuments -^"^^
OJ* the true and unalterable boinidaries of every such road, street, °^ original
■^ ^^^ 4 lane, lot and common ; and all land surveyors, enqiloyed to make govern.
^]^^ I surveys in such cit}', town or village, or any part thereof, .shall
1 ior ^ follow and pursue the same rules and regulati(ms in respect
■iiich ■ of such surveys as is by law required of them when employed
!^r of ^ to make survej-s in townsliips. R. S. 0. 1887, c. 152, s. 44. - -

*i I . All surveys of town.shijis, tracts or blocks of land in ^s *" ""s"''-
and ■ this Province, granted by the Crown to companies and indi ^rantedTn *

lary ■ viduals before any surveA's had been made therein, and which blocks and

and ■ were afterwards surveyed by the owners thereof, shall be surveyed"*,/

rked B original surveys thereof, and shall have the same force and the grantees.

Sec. 25.

SURVEY OF LANDS.

Chap. 181'

effect as thouf^h the said original .surveys ana the phms thereof
had been made by competent authority ; and all allowances for
roads or commons sxirveyed in such town.ships, tracts or block.s
of land, and laid down on the plans thereof, shall bo public
liighways and connuons ; and all lines run and marked in such
original surveys, and all posts or monuments planted or placed
in such oritiinal surxcvs to desiy'iiate and drlhie anv allowance
for road, concession, ct)mmon or lot of land, shall be the true and
unalterable lines and boundaries of such allowance for road,
common or lot of land ; and all land surveyors, when eniployed
to make survey's in such townships, tracts or blocks of land,
shall follow antl pursue the same rules and regulations in res-
pect of such townships, tracts or blocks of land, and the original
surveys thereof, as they arc by law required to follow and pur-
sue in all townships, tracts or blocks of land surveyed by the
authority aforesaid. R. S. 0. 1SS7, c. IT) 2, s. 45.

Governing ***>. The course of the boundary line of each and every con-

hnes decl.ired. g^^^^gi^ji^ ^^y^ ^]^j^t ^[^\Q f^m which the lots are numbered, shall be
the course of the division or side lines throughout the several
townships or concessions respectively, provided that such
division or side lines were intended, in the original survey per-
formed under such authority as aforesaid, to run on the same
course as the said boundary. R. S. 0. 1887, c. 152, s. 46.

All side lines
to lie run on
the same
com-se as gov-
erning lines.

'ili. Every surveyor shall run all division or side lines,
which he is called upon by the owner or oAvners of any lands
to survey on the same course aa that boiuidary line of the
concession in which such lands are situate, from Avhence the lots
are numbered as aforesaid, provided such division or side lines
were intended, in the original surveA' performed under such
competent ax;thority as aforesaid, to run on the same course
as the said boundary. R. S. 0. 1887, c. 152, s. 47.

C.nirsetobe '44. Where that end of a conces.sion, fi'om which the lots are

adopted where numbered, is wholly boiinded by a lake or river, or other natural

bounded by boundary, or where it has not been run in the original survey

lakes or rivers, performed under competent authority as aforesaid, oi where

the course of the division or side lines of the lots therein was

not intended in the original survey performed as aforesaid, to

be on the same course as such lioundary, the said division or

side lines .shall be run on the same course as the boi;ndary line

at the other extremity of such concession, provided their course

was intended, in the original survey performed as aforesaid, to

))e the same, and that such boundary line was run in the original

survey. R. S. 0. 1 887, c. 1 52, s. 48.

Where divi-
sion or side
lines not
intended to
run on the
same course
as the side

*4.1>. Where in the original survey, performed under compe-
tent authority as aforesaid, the course of the division or side
lines in any concession was not intended to be on the same
course as the boundaiy line at either end of such concession,
they shall l)e run at such angle with the course of the boundary

Cliap. 181.

SURVEY OF LANDS.

Sec. 25.

was
il, to
t)n or
ine

lurse
id, to

line fit tliat end of the concession from wliieh tlie lots are J''ip« -jt i'^''^'''
nnnibered, a.s is stated in the plan and field notes of the original c"sHi'on.
survey, of record in the Department of Crown Lands, in-o-
vided snch line was run in the original survey as afore.said, or
with the course of the hoinidary line at tlie other extremity of
the said concession, if tlic hoinidary at that end of the conces-
sion from which the lots are numbered was not run in the
original survey ; or if neither of the aforesaid boundaries of the
concession was run in the original survey, or if the concession
is whollv bounded at each end bv a lake or river, or other
natural boundary, then at such angle with tlie course of the
line in front of the said concession as is stated in the plan and
field notes aforesaid, or if parts of the concession line have been
run on different courses as shewn on said plans and field notes,
then at sucli angle with the course of each of these parts, as is
stated in the plan and field notes aforesaid. 11. S. 0. 1887,
c. 152, .s. 49.

'Hi. If any division or side line between lots, or proof line ^yhel■oa di-
intended to be on the same course as the division or side lines ii',ieXaTv)\'en
between lots, was di-awn in any sn- ' concession, boiinded as run botwet-n
aforesaid, in the original survey tliLicof, the division or si<^le gj^^j^j'j^'^^.^JJJ'^'
lines between the lots therein .shall be on the same course as
■such division or side line or proof line. R. S. 0. 1887, c. 152.
.s. 50.

Where there
art' two of
such lines, Uie
line nearest
the end of the
co.icession,
from which tlie
lots are num-
bered, to gov-
ern to the next
of such lines.

idary

'it. Where two or more such division or side lines or
proof lines were drawn in the original survey of such
concession, bounded as aforesaid, that division or side line
or proof line which is nearest to the boundary of the
concession from which the lots are numbered, shall govern
the course of the division or side lines of all the lots'
in such concession between the boundary of the concession
from which the lots are numl)ered, and the next division or
side line or proof line drawn in the original survey ; and such
last inenticmed line or proof line shall govern the course of the
division or sidelines of all the lots up to the next division or
side line or pi'oof line drawn in the original survey, or to the
boundary of the concession towards which the lots are num-
bered, as the case may be. R. S. O. 1887, c. 152, s. 51.

'iH. — (1) Except as provided in the next subsection, in all How lines to
those townships which in the original survey were divided tmnishb"*i!iid
into sections, agreeablv to an Order in Council bearing out in seoti.>ns
date the 27th day of March, 1829, or which have since beeii ""th"! 27th*"^"
or shall be divided into sections or blocks of one thousand March" lS2y,
acres, or thereabouts, or six hundred and forty acres or there • ^'^''•
abouts, as the case may be, under instructions from the Com-
missioner of Crown Lands, the division or side lines in all
concessions, in any section or block, shall be governed by the
boundary lini's of .such .section or block, in like nianiuM" as the
division or sitle lines in townships originally survey I'd before

Sec. 29.

SURVEY OF LANDS.

Chap. 181.

Proviso.

Exceptions.

Surveyors to
make returns
to township
clerk.

Proceedings
where monu-
ments or
posts cannoc
be found in
certain town-
ships.

the .said day, are governed by the boundary lino.s of tlie con-
ces.sion in which the lois are situated : Provided tliiit in tho.se
8ection.s or bhicks tl\e governing bounchirics of which are
broken by hikes or rivers in such a way that the course there-
of cannot accurately be deternjined, a .surveyor when called
upon to run any side line in any concession in such section or
block, shall run such side line on the astronomical course of
the side lines of the lots in the township, as shewn on tlie
original plan and field notes thereof, of record in the Depart-
men of Crown Lands. R. S. 0. 1887, c. 152, s. 52.

(2) On and after the l.st day of Jul3^ 1897, the lines
between all lots in the following town.shipH, namely, all
townships in the Districts of Muskoka and Parry Sound ; all
townships in the District of Nipissing, which lie south of the
Mattawan Kiver and Troi^t Lake, and the Township of Matta-
wan in the .said district; all townships in the Provisioiuil County
of Haliburton ; the Town.ships of Dalton, Digby and Longford,
in the County of Victoria : the Townships of Galway, Caven-
dish, Anstruther and Cluindos, in the County of Peterborough ;
the Townships of Tudor, Grimsthorp, Wollaston, Limerick,
Cashel, Faraday, Dungannon, Mayo, Hersehell, Monteagle, Car-
low, McClure, Wicklow and Bangor, in the County of Hastings ;
the Townships of Anglesea, EtHngham, Abinger and Denbigh, in
the County of Lennox and Addington; the Townships of Barrie,
South Canonto and North Canonto, in the County of Fron-
tenac, and the Townships of Brougham, Grattan, Will)erforce,
Alice, Mattawachan, Grittith, Sebastopol, South Algona, North
Algona, Fraser, Richards, Hagarty, Brudenell, Lyndoch, Rag-
lan, Radcliff'e Slierwood, Burns and Jones, in the County of
Renfrew, shall be I'un on the astronomic course stated in the

Elan and field notes of the original survey of record in the
department of Crown Lands, but nothing contained in this
subsection shall affect the lines in any block in any of the above
townships in which any line shall have been run prior to the
1st day'of July, 1897.

(3) Every surveyor shall on the 31st day of December, 1897,
and on the Sl.st day of December in each year thereafter, make
to the township clerk a return according to the form given in
the Schedule to this Act of all lines run by him in any of tlie
aforesaid townships under the provisions of the above next
preceding subsection. GO V. c. 27, s. 17.

'i9. Whenever an Ontario Land Surveyor is employed to run
any boundary line of, or any dividing line or limit between any
sections, (juarter-sections, or other aliijuot parts of any section in
any of the following townships, namely, any township in the
Rainy River district subdivided into sections, in accordance with
the Dominion Lands system of survey, or in any of the follow-
ing townships and parts of townships in the Districts of Algoma
and Rainy River, namely, Rutherford, Salter, Victoria, all that
portion of Shedden south of the fourth conces,sion, the Townships

.<»

Chiip. 181.

SURVEY OF LANDS.

Sec. 29.

of Spr!ii;<;o, EHtiMi, ThoinpHOii, all that portion of Patton soutli of
tlu' tliifil concession, tin- 'I'owuships of 'riu'ssaloii-Rivov, Lcfroy
Ros(^ Laird, Mi-rcditli, Macilonald, Taiviitorus, Awcrcs, Van-
kou'diiict, AwciiLic, Korali, I'ciiiicfatlicr. Kciiwick, sections .'U
to 'Mi, both inclusive, of tin' 'rowiislii]) of HHvilland, the 'I'own-
slii|)s of 'I'illey, Parke, Prince, Dennis, Kars, Fisher, Pahnor,
Merrick, Ryan, Hlake, Crooks, I'ardee, ^[(dlltyre, M ac;,n-e<;or,
Mc'favish, Homer and Byron, and tiie post or nionunujnt
planted, erected or marked in the orij^inal surv(!y to deline the
corner of .such section, (piarbu'-section or other ali(piot part
cannot be found, .sucli .surveyoi- shall obtain the best evidence
that the na.tui'e of the case admits of respectinjr such po,st or
monument, but if the position of the .same cannot be satis-
factorily .so ascertained he shall proceeil as follows: —

1. If the lost jxtst or monument is that of a township
corner, he .shall report the circumstances of the case to the
Connnis.sioner of Crown Lands, who shall instruct liim how to
proceed ;

2. If the lost post or monument is that of a .section or
(juarter-section corner on the boiuidary line of a township, he
shall i'en((W the same by joining the nearest ori<;inal bla/e.s,
tjUarter-section or secti«ai corners on such boundary ly a
straij^ht line, and shall ;;ive to each section or qiiarter-section
a breadth- proportionate to that shown on the ori<i;inal ))lan and
field notes thereof, of record in the Depai'tment of Crown
Lands, havinif first takt'ii into account and made due allowance
for the road or roads, if any, shewn on the said plan and field
notes ;

a. If the lost post or corner is that of a section in the
interior of a township, he shall renew the same ))y intei'-
8ectin<ij the strai;jht lines joinint; the nearest original bla/es, or
orij^inal iiiiarter-section or section coi'iiers, on the adjoining
intersecting .section boundaries. When; the nearest .section
corner on any side of the lost post or numunient is on a town-
ship boiindaiy, and when that post or nioiunnent is lost, and
also the intervening (|uarter-section posts or moiunnents, and
where there are no original blazes between said corners, the
surveyor shall first renew the said section corner or corners on
such township l)ouiidary in accordance with the provi.sions of
the next [)receding clause ;

4. If the lost post or corner is that of a quarter-section in
the interior of a townshij), he shall renew the same by joining
the nearest original blazes or adjacent .section coi'ners (deter-
mined, if necessary, as aforesaid), and shall givt; to each of the
adjacent (piarter-sections a breadth pnjportionate to that
shewn on the original plan and field notes aforesaid ;

5. In laying out interior boundaries of half-sections or of
quarter- sections he shall connect the opposite (juarter-section
corner.s (determined, if necessary, as aforesaid) by straight lines ;

Sec. 31.

SUHVEY OF LANDS.

Chap. IHl.

C). Til laying; out interior liontidaricH of otlicr uli(|U»)t parts
of nil}' Hoction lio shall <f'\Vi' ti) each aM(iU()t part its propor-
tionate share of hi-eailtli and intt-rior dopth and connect the
rosultinof tcrniinal points by straii.'fht linos. 00 V. c. 27, s. IH.

Wliat Hhall be
(ii'fUlcd tlin

fi'iiiit i>f a con-
C(>s-*i()n wlittre
only a single
row of pogts
planted.

Side line!) in
Buch canes.

150. Tlu' front of cacli concession in any township, wlicro
only n sinn;le I'ow of posts lias been ]ilant('(l on the concession
lines, and the lands liuve lieeii descrilted in whole lots, shall be
that end or boundary of the concession which is nearest to the
boiuidary of the township from which the ,so\'eral concessions
thereof are numbered ; and when the line in front of any .such
concession was not run in the original survey, the division or
side lines oi' the lots in such concession shall be run from the
original posts or monuments placed or planted on the front
line of the concession in the rear thereof, on the same coui'se
as the ^•oveniinf4" line determined as aforesaitl, to the depth of
the concession, that is, to the centre of the .space contained
between the lines in front of the ailjacent concessions, if the
concessions were intended in the oriuinal survey to be of an
equal depth, or, if they were not so intended, then to the pro-
portionate depth intended in the ori<j;inal survey, as shewn on
the plan and field notes thereof of record in the DepaiMnent
of Crown Lands, haviny due respect to any allowance for a
road or roads made in the ori*;inal survey ; and a straight line
joining the extremities of the division or side lines of any lot
in sucli concession, drawn as aforesaid, shall be the true bound-
ary of that end of the lot which was not run in the original
survey. R. S. 0. 1887,c. 152, s. 53.

In townships
fronting on a
river or lake,
how division
lines to bo
drawn if no
posts planted
to mark the
width of lots.

SI. Ill those townships in which any concession is wholly
bounded in front by a river or lake, whei'e no posts or
other boundaries were planted in the original survey on
the liank of such river or lake to regulate the width in front
of the lots in the broken front concessions, the division or
side lines of the lots in such broken front concessions shall
be drawn from the posts or other lioundaries on the concession
line in rear thereof, on the same coiu'se as the governing line,
determined as aforesaid, to the river or lake in front. Where
any concession is bounded in front at either end, in pai't though
not wholly, by a river or lake, and no posts or other boundaries
were planted in the original surve}^ on the bank of such river
or lake to regulate the widths of the lots broken by said river
or lake, the division or side lines of said broken lots shall be
drawn from points on the rear of the concession determined
by measuring off the widths proportionately as intended in the
original survey, from the intersection of the division or side
line of the last whole lot of the original survey with the rear
line of said concession, on the same course as the governing line,
determined as aforesaid, to the river or lake in front.
RS. 0. 1887,c. 152, s. 54.

181.

thou oil
ndaries

front.

Chap. 181.

8UUVEY OF LANDS.

See. ^2.

H'i. In tho.si" to\vnshii).s in which tlit- conci'ssionH liiivc \)wn ConwHHinnH
.surveyt'(l witli douhlo fronts, that is, with posts or monuments with .louble
phmti'd on lioth sides of tlie allowiinces for j-onds Ix-tween tluj
concessions, and the lands have heen desci'ilied in half lots, the
division or side lines shall he drawn from the posts at hotli
ends to the centre of the concessicm, and each end of such con-
cession shall he the tVont of its respective half of such conces-
sion, and a straight line joining the extremiti''s of tln' division
or side lines of any half lot in such concession, drawn as afore-
said, shall he the true houndary of that end of the half lot
which has not heen bounded in the original survey. K. S. O.
l.SH7,c. 152, s. o').

nil. Anil whereas some of the double front concessions are ^f"f|;"'t fj'wv-
not of tlui full d(;i)th, and douhts have arisen as to the mann<'r ,j,'Jf,i,'i','.7n,nti'd
in which the division or side lines in such concessions slumld concessions
be established : —Therefore, in such concessions the division or j^.',,tJ, "
side lines shall be drawn from the posts at both ends thereof,
to the centre of the concession, as provided in the last preceding
section of this Act, without reference to the manner in which
the lots or parts of lots in such concession have been described
for patent. R. S. 0. 1887, c. 152, s. 5(5.

34. In those town.ships in which each alternate concession Side lines in
line has only been run in the original survey, but with double whifrealter-
fx'onts as aforesaid, the division or side lines shall be drawn "/ito conces-
from the posts or monuments on each side of such alternate ^'^'". i™l^, ".^J.
concession lines to the depth of a concession — that is, to the and depth of
centre of the space contained between such alternate concession g|^^^' conces-
lines, if the concessions were intended in the original survey
to be of an equal depth, or if they were not so intended, then
to the proportionate depth intended in the original survey, as
shewn on the plan and field-notes thereof of record in the
Department of Crown Lands ; and each alternate concession
line as aforesaid shall be the front of each of the two con-
cessions abutting thereon. R. S. 0. 1887, c. 152, s. 57.

IJ5. In cases where any Crown patent of grant, or other As to lands in
instrument, has been issued for several lots or parcels of land in a^J".'"'"? con-

1... 1 ,1 ,, . -, ,. ^ 1.. ni ce.sKions m-

concessions adjommg each other, the side hues or hmits of the eluded in the
lots or parcels of land therein mentioned and expressed, shall same grant,
commence at the front angles of such lots or parcels of land
respectively, and shall be run as h(>reinbcfore provided, and
shall not continue on in a straight line through several conces-
sions — that is to say, each lot or parcel of land shall be surveyed
and bounded according to the provisions of this Act, inde-
pendently of the other lots or parcels mentioned in the same
grant or instrument. R. S. O. 1887, c. 152,s. 58.

3ft. Every land surveyor employed to run any division line to^be'ron on**
between lots, or any line required to run on the same astronomic ^^.'ne astrono-
course as any division line or side line in the concession in StraightTne*

Sec 88.

SUnVEY OF LANDS.

Chap. 181.

joininK front wliicli tlic liiiid to 1h' survoyrd lies, hIuvII run .such ilivision liui'

and reM t-ndH („. ^\^\^^ \\^^^, ,„, ^\^^, same iistroiuniiil^ t'oursc (wliicll lie sliilll

of governing ■ . • i . . , .. , ;, i- i- i

line,, (Iftci'iiiiiu' t)y usti'nno?'!'!' ()l)sci'\ iitiuii or by otlwr .sati.slactory

iiK'thod) a.s tlic strai;;lit line joiiiiu;,' tho t'routaml irar (MkIh of
the <;ovt'i'iiin;j Ijoundary line of the ooiiccsHion or section, if so
iiitcM(lcii in till- orij^inal sui-vt-y, oi* at such an^^lc therewith as
Is stated in the plan and field notes as aforesaid, wliicli shall
))e deeniecl to lie the true Course of the said "■overnini: or houn-
daiy line for all the j)ur[)oses of this Act, altliouj^h such ;^ov-
ernin;; or boundary line as marked in tho field lu' curvi'd or
deviate othei'wise from a strai;,;ht course, and if a line is to ho
run at any an^le with a front line or other line which is not
strai<fht, the ends of such front or other line shall be joined us
ahove provided. (iO V. c. 27, s. ID

Cace^ where JO. (I) In all cases where a land surveyor is em]il()3'ed to
no-it nlMni'm^ ^'"'^ "-"y ^^^^^ ^'"'^' '"' 'i"'its between lots, and the original post
lueiit cannot or moiMUuent from whicli such line should commence cannot
vided fi. '""' ^'^' ^"""""l. '"• «l"i" "''tain the best evideir'e that the nature of
the ca.se a(hnit8 of, respectinjj; .sucl» side line, pest or limit ; but
if tlie same cannot be satisfactorily ascertained, then the sur-
vey(U' shall measure the trui' distance between the neui'est \\n-
disputed posts, limits or monuments, and divide such distance
into such mnuber of lots as the same contained in the orij^inal
survey, assinniui;' to each a breadth proportionate to that in-
tended in the original survey, as shewn in the plan and tield-
notes thereof, of record in the Depai'tment of Crown Lands;
and if any portion ol the line in front of th(> concession
in wlucii such lots are situate, or boundary oi the tow'u-
.ship in v»'hich .such concession is situate, has been obli-
terated Ol- lost, then tlie siu'veyor shall run a line lietween tlu>
two nearest points or places, whi-re such line can be clearly and
satisfactorily ascertained, in the manner provided in this Act.and
sliall plant all such intermediate po.sts or monuments as he
maybe re(piired to plant, in the lin(>so ascertained, having (hie
respect to any allowance for a road or roads, connuon or com-
mon.s, set out in tlie original survey , and the limits of each
lot so found shall Ijc the true limits tliereof.

(2) In double front or alternate concessions, where an origi-
nal post or monuMUiut cannot be found, any original post still
.standing, or thi^ ])osition of wdiich is .satisfactorily established
on the opposite side of the concession I'oad allowance or on the
ctiutre line thereof, shall constitute the best evidence within
the meaning of the preceding sub-section for the pm-pose of
estal)lishing the position of such missing po.st or monument.
R.S.O. 18S7, c. ir)2,s. GO

If side lines 38. In tliose townships in which the side lines of the lots

wer.'diawii in ^,„.,. (I^.j^^yii i,^ y,,. original survey, every Ontario Land Sur-
vey.'tiie .same veyor wlieu called upon to determine any disputed boundary

to be adhered ju any of such townsliips, shall ascertain and establish the divi-
to.

Chap. 181.

8UUVEV OF LANDS.

Sec. 38.

sion or .sido lin(>.s of the lots, hy running such sifU; lin(\s a.s tliey
Wen* run in tht; original survi-y whi^tlii'r tho sumo were in th )
oriL'iniil survey run front the front of the conce.ssion to tho
I'oar, or from the roar of the concession to the front, and .shall
adhere to all posts, limits or nioninnents, planted on the divi-
sion or sidt! lines in the original survey, as being or designating
corners of lots under such original survey. R. S. 0. 1HH7, c. 152,

8.61.

IH>. — (1) All allowances for roads, streets or conunons, surveyed A» to allow-
in cities, towns, villages and townships, or any part thei'eof.whieli "r^trJi'tVIn^*
have been or may he suiveyed and laid out hy companies and citios, towns,
individuals and laid down on the [)lans thereof, and upon ^''"'*k*:'*. '••'
which lots of land fronting on or adjoiningsuch allowances for luul out by
roads, streets, or commons have been or may be sold to lair- private
chasers, shall be public highways, streets, and commons ; and all
lines which have been or nuiy be run, and the cour.ses thereof
given in the survey of sueh cities, towns, villagesai id townships, or
any part thereof,and laid down on the plans tli('i'eof,and all [>osts
or monuments which have been or may be placed or ])lanted in
the first survey of siu-h cities, t nvns, villages nnd townships, or
any part thereof, to designate or detin(! any allowances for roads,
streets, lots or commons, shall be the true and unalterable lines
and lioundaries theiiof respectively; and all land surveyors
employed in establishing or re-estal)lishiiig the boundui'ie.s of
any roail, street, common, or lot, shewn on such i)lan. or
on any registered plan in such city, town, viliiige or town-
ship, or niiy part thereof, shall follow th(! method adopted
in making the original survey of the same, as shewn by
the said plan, and shall give to each lot the exact or pro-
portionate dimensions as shewn on the said ])lan : Piovided tliat Proviso,
the nuniicipal C(jrporation shall not be liable to keep in ri'pair
any road, street, bridge ()r highway laid out by any private
person luitil establislu-d by Ity-law of the corporation or other-
wise a.ssumed for public use by such cori)orati()n, as provided j^..^ stat
in The Municipal Act. R. S. O. 1887, c. 152, ,s. G2. (1) ; (iO V. c. c. 223.
27, s. 20.

(2) No lot or lots of land in such cities, towns and villages City, town or
.shall be so laid out as to interfere with, obstruct, shut up, or be toKid ou?
composed of any part of any allowance for road, conunon or so as to inter-
commons, which wei'e surveyed and reserved in the original ^1}'" ^'^'*'^ *,"y

' J . . . 1 '^i- allowance for

survey or the township or townships wherein .sucii cities, roads.

towns or villages, are or may be situate.

(3) No such private survey shall be valid unless performed survey valid
by a duly authorized surveyor. R. S. 0. 1887, c 152, s. 62. (2, 3.) ^^'^7;^"^^^^

surveyor.

40. Every land surveyor .shall keep exact and regular gy^ygy^rg »„
journals and field notes of all his surveys, and file them in the keep regular
order of time in which the surveys have been performed, and l."'\'j"*'t ^"'^ .

1 ,, . • XI L- J. J.1 i- 1-1 neld-notes and

shall give conies thereof to the parties concerne<l when .so re- furnish copies
quired, for v, hich he may charge the sum of $1 for each copy, ^"J''*'"*!''^

Sec. 42.

SURVEY OF LANDS.

Chap. 181.

if the numbei' of words therein does not exceed four hundred
woixls, but if the number of Avords exceeds four hundred, he
may charge ten cents additional for every additional hun-
dred words. R. S. 0. 1<S87, c. 152, s. 70.

Siirvej^orsir.ay 41. For better ascertaining the original limits of any town-
oatiw"for'ct>r- ship, concessio",, range, lot, or tract of land, every land
tain imrposes. surveyor acting in this Province, shall and may administer
an oath to any person whom he examines concerning any
boiuidary, post or monument, or an}' original landmark, line,
limit or angle of any township, concession, range, lot or ti'act
of land which such surveyor is employed to survey. R. S. O.
18S7,c. 152, s. 71.

Evidence 4*> ^.11 evidence taken by a surveyor as aforesaid shall

veyorttSber. hc reduced to writing, and shall be read over to the person giv-
duced to iiig the same, and be signed by such person, or, if he cannot write,

8igned^etc. such person .shall i\cknowledgo the same as correct before two
witn. sses, who, as a\ ell as the surveyor, .shall sign the same ; and
such evidence .shall, and any document or plan prepared and
sworn to as correct before a Justice of the Peace, liy a sur-
veyor, with reference to any.'ivirvey by him performed niay be,
filed and kept in the registry office of the registiy division
in which the lands to which the same relates are situate,
subject to be produced thereafter in evitlence in any Court
within Ontario ; and for receivi.ig ami tiling the same the
registrar shall be entitled to twenty-live cents ; and the ex-
pense of filing the same shall be borne by the parties in the
same manner as the other expenses of the survey. R. S. 0.
1887, c. 152, s. 72.

[Section 31 of C. S. C. c. 77, is asfoUoivs :

Penalty for 31. If iiny ])erFon or ))or.s()ns, in any jmrt of tiiis jn'oviiioo, interrupt!',

ol)structing a niolests or liinders any lanil .surveyor, while in the (liscii;ir!j;o of his duty
jand Nurveyor jjg .^ j,„,.^.jjyi ,j.^ puch person or person.s sliall be yuilty of a misdemeanor,
charge of ins "■'"' being thereof lawfully eonvicted in any court of competent jurisdic-
duty, tion, shall be puni.shed either by tine or im])risonment, oi both, in the

discretion of such court, such im])ri8()nment beintf for ,i ])eriod not exceed-
ini; two months, and such tine not exceedins,' twenty dollars, without pre-
judice to any ci\il remedy which such surveyor or any other party may
have against such oli'endcr or otlenders, in damages bv reason of such
ottence.' S>-e Srln-ilnle C t» H. ^'. C. p. ^-Wr.

[For piivinhment for jndlivg doion, defdclnff, altering or
removing landmarks, see The Criminal Code, tSi).J, of Canada,
55-50 V. c. 29, Sees. 505, 506.}

Feea.

SCHEDULE.

Chap. 181.

SURVEY OF LANDS.

SCHEDULE.

{Section 28 {S).)
Sirveyor's Return.

Sched.

Townsliip i»f.

County of.

I lieiol)y certify that the foUowing h>t linos in the above township were
run l)y me during the year encUng December 31st, 18 , under the pro-
visions of sectior ,

Line l)etween.

I.ot

and Lot

Concession.

Date.

Dated at

, this day of , 18

A. B.,

Ontario Laml Surveyor,
(iO V. c. 27, Schedule D.

Chap. 18.

ONTARIO LAND SURVEYORS.

61 VlCT.

CHArXER 18.

An Act to amend the Act respecting tlie Associa-
tion of Uiitnvio T.aiul Surveyors

Assentfd to 17th January, 1S98,

Rev. Stat.
c. 180,
amended.

Summoning^
witnesses on
trial of dis-
putes as to
coancil elec-
tions.

HER MAJESTY, by and witli the advice and consent of
the Lcuislatnre Assonibly ol' tlie Province of Ontario,
enacts as follows : —

1. The Ontario Land Stirr,">/orH Act, heino- oliapter ISO
of the Revised Statutes of Ontario, is lierehy amended by
addin<f tliereto the followinir section : —

38a. On and for the purpose of the heariri;- of any dispute
concernin}^ an election or any in(|uiry concerning the ilis-
missal, suspension or restoration of any member, a sunnnoiis
under the hand of the President of the Association, or of the
Vice President of the same, or under the hand of any two
other members of the Council, for the attendance of a witness
before the Council, shall have all the force of a subpoena ; and
any witness not attending in obedience thereto shall be liaMe
to attachment in the High Court, and shall also be liable in
all other respects as for disobedience or neglect of a subpn-na.

DISPUTKH CONCERNING JiOUNDARV LINES.

CHAPTER 64.

(R. S. 0. 1897.)

An Act respecting' Disputes concerning' Boundary

Lines.

ER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,

enacts as follows

I. This Act shall not apply to lands situated in any city. Application of
town or incorporated village. 59 V. c. 21, s. ]. Act.

'^- — (1) Where in any action or other proceeding commenced Questions
on or after the 7th day of April, 1 890, it appears to a Judge that "wing in any
a material question to be judicially determined between the bmmdaTy'°iine
parties is the true definition of a boundary line between ad- *« be referred
joining lands, such question may be refened lor trial to a special '" «"''^^yo*'-
referee who shall be an Ontario Land Surveyor.

(2) The Surveyor shall, by a proper survey as directed by
chapter 181 of these Statutes, and upon hearing, where
he deems it necessarj-, the evidence under oath adduced
by the parties and their counsel, if any, define upon the
ground by such pc 'ts and monuments as he deems sufficient,
the true boundary or division line so in dispute.

(3) The Surveyor shall make a report to the Court and shall *
therein set forth his mode of procedure and what he has
done in the premises, and also such further or other facts and
circumstances as may be necessary to enable the Court to
finally determine the said question and how the costs should be
borne. 59 V. c. 21, s. 2.

li. An application for a reference may be made by any party Application
to the litigation at any time aitei- the commencement of the for reference.
action or other proceeding upon an altidavit of any person
familiar with the facts, and such application shall be an
ordinary chamber application and subject to all the rules of
practice applicable to such applications. 59 V. c. 21, s. 3.

The said reference shall be regarded as a reference under Ref,

section 28 of The ArhiVtuttioti Act. 59 V. c. 21, s. 4

erence to
be subject to
Rev. Stat,
c. 62.

5. The parties to the litigation may agree upon the Ontario Agreement a.
Land Surveyor to be named as special referee as aforesaid, but to surveyor
if they fail to agree he shall be named and appointed by the '^'' ^•'°™
Judge before whom the application is made. 59 V. c. 21 s 5 temlde!

(:<7|

When refer-
ence may be
dispensed
with.

0. If upon the application it shall appear that from the
nature of the other is.'-.ues to be determined in the said litiga-
tion between the parties, or for other good cause, it would be
a saving of expense, or otherwise to the advantage of both
parties not to direct a reference, the reference may be dispensed
with and the question in issue shall be tried as heretofore;
59 V. c. 21, s. G.

Reference of ^- ^^ ^^^^ ^^^ parties to the dispute concerning a boundary
disputed line consent, a summary application may be made to the

Hnes'bTcon- ^"t^ge of the County Court of the County in which the
sent of parties, lands are situated to name a special referee under this
Act without any prior proceedings having been commenced
or being then pending, and in such case the referee
shall proceed as hereinbefore directed, and his report con-
■rning the premises shall have the force and effect of a
final award between the parties concerning the said dis-
puted boundary line, and may be registered by either party
thereto in the proper registry office against the lan<ls affected
thereby. 59 V. c. 21, s. 8.

Where parties ^- ^^ ^^^^ ^^^ parties to the litigation or dispute fail to
fail to agree, agree upon the Ontario Land Surveyor to be named as special
referee under the provisions of this Act, the Judge to whom
application is made for the reference shall not name or appoint
an Ontario Land Surveyor who has theretofore been concerned
in the survey of the lands in question or any part thereof or who
has been otherwise engaged in directing a survey which affects
or might affect such lands, or which in 'olves the determination
of a like question to that in dispute, nor jliall the Ontario Land
Surveyor appointed in such case he or have been at any time
within ten years prior thereto a resident of the county in
which the lands the boundary line whereof is in question
are situate. 59 V. c. 21, s. 9.

Act to be COD
etrued with
Rev. Stat.
o. 51.

9. This Act shall be read and construed as in pari materia
with The Judicature Act, and with the General Rules of
Practice and Procedure of the Supreme Court of Judicature in
force in this Province applicable to the subject matter hereof.
59 V. c. 21, s. 7.

"THE RhXJlSTRY Aim'

IE. tracts from) Chapter l-K!, /.'. N. '>. 1S!)7, ,/s amemleil hij '!£ V. (.'), r. ]<!.)

An Act respecting tlie Kegist ration of Instrument's

Kelating to Lancis.

HER MAJP^STY, by and with the advice and consent of
the Legislative Assembly of the Province of < )ntario,
enacts as follows : —

MISCELLANEOUS PROVISIONS.
PldVU.

100. — (1) Where any land is surveyed and subdivided for Registration
the purpose of being sold or conveyed in lots, by reference to of plans when
a plan which has not been already registered, the person |f"icied.'
making the subdivision shall, within three months from the

date of survey, tile with the Registrar a plan of the land on a
scale not less than 1 inch to every 4 chains. The plan shall
shew the number of the township, town or village lots and
range or concession as originally laid out, and all the boun-
dary lines thereof, within the limits of the land being
subdivided except where such plan is a subdivision of
a !ot or lots on a former plan in which case it shall show the
numbers or other distinguishing marks of the lot or lots sub- ^^pjans when
divided and the boundary lines of such lot or lots. The num- land sub-
ber or other distinguishing mark and the breadth both front divided,
and rear shall be masked on each lot of the subdivision, the '
scale shall also be marked on the plan, and such information ?
as will show^ the depth of the lots, and the courses of all the '
boundaries of, or the division lines between the same and the v
governing line or lines to which said couises are referred to
shall also be indicated ; the position of all the posts or monu- '»
ments, if any, planted by the surveyor, or of other objects
marking the boundaries of any of the said lots or trie corners
thereof shall also be shown. The plan thai! abo show all
roads, streets, railway lana>, rivers, canals, (■ .reams, lakes, mill-
ponds, marshes or other marketl topographical features within
the limits of the lands being so sub-divided, together with ;
such other information as is required to show distinctly the
position of the said lands. R. S. O. 18!)7, c. ia6, s. 100 (1) ;
62 V. (2), c It) s. 9.

(2) Every such plan shall be mounted on stiff pasteboard Plana to be
of good quality, and in case it exceeds thirty inches in length mounted,
by twenty-four inches in width shall be folded so as not to
exceed that size. oG V. c. 21, s. 9G (2).

1391

Duties of (3) Every such map or plan, before being registered, shall be

theT^fter. signed by the person or the chief officer of the corporation by
whom or on whose behalf the same is filed, and shall also be
certified by some Ontario Land Surveyor in the form of Sched-
ule O to this Act ; and thenceforth the Registrar shall keep an
index of the lands described and designated by any number or
letter on the map or plan, by the name by which such person,
/. corporation or company designates the same in the manner pro-
vided by this Act ; and all instruments affecting the land or
instrumentB any part thereof, executed after the plan is filed with the
to'8uch°plan ; '^'^rti^t'"*'' shall conform and refer thereto, otherwise they shall
not be registered, except in cases provided for in section 108,
and except also where a mortgage has been registered prior to
Exceptions, ^.he filing of such plan of subdivision in which case any dis-
charge, final order of forclosure or conveyance under the power
■ ' contained in the said mortgage shall be registered against the

lands as described in the mortgage. R. S. O. 1887, c. 152,
s. 63 (2). 56 V. c. 21, s. 96 (3) : 58 V. c. 22, s. G.

(4) No part of any street or streets shall be altered or closed
up, irion which any lot of land sold abuts, or which connects
any such sold lot with or affords means of access therefrom to
the nearest public hii^hway, but nothing herein shall in any
municipalitica way interfere with the powers now possessed by municipalities
feredVith. J" reference to highway. R. S. O. 1887, c. 152, s. 65 (2, 3).

Provision as
to streets.

Power of

Penalty for 101. In the case of refusal by such person, corporation or

reg^8tefp'!an. company, his or their executors, administratois, agents or
attorneys, or succes.sors, for two months after demand in writ-
ing for that purpose, to lodge with the Registrar any map or
plan which it is his or their duty to tile under the next pre-
ceding .section or to deposit under section 112 when required
by any person interested thi-rein or by the Inspector so to do,
|l he or they shall incur a penalty of $20 for each and every
calendar month that thereafter elapses without the said map
or plan being lodged with such Registrar which penalty may
be recovered by any person complaining, in any Division
Court in the county in which such lands are situated, in like
manner as a common debt. R. S. (). 1887, c. 152, .s. 63 (3),
s. 69 part ; 56 V. c. 21, s. 96 (4). 60 V. c. 3, s. 3, c. 15, Sched.
A (59).

"Verification / 103. — (1) The signature on a map or plan for the purposes
to plans. ' of subsection 3 of section 100 shall be witnessed and verified
as other instruments are under this Act.

Conditions as /2) The Registrar shall not accept any mai) or plan for the
of plans. purposes of this Act which does not comply with the pro-

visions of this Act ; and shall not accept any plan on which a
road less than .sixty-six feet wide is laid out, unless the a.s.sent
of the proper municipal council is registered therewith, where
such assent is by law necessary.

(3) The Registrar shall not receive or file any plan or inap Plans of
of a subdivision of any land for which the Crown patent has "and*'*"**^
not issued, unless the assent of the Commissioner of Crown

Lands to such receipt and filing is endorsed thereon. 50 V.
c. 21, s. 96 (5-7).

(4) The Registrar shall not receive or file any plan or map Registrar not
of a subdivision of any land, unless the person or the corpora- ^° ^^^ P'*""
tion by whom or on whose behalf the same is filed appears on but owner
the registry books to be the owner of the land subdivided by ^°^ without
the plan, nor unless the consent in writing of all persons and mortgagees,
corporations who appear by the said books to be mortgagees

of the land is endorsed on the plan and signed by such pernon
or the chief ofticer of such corporation and such signatures are
duly verified by affidavit. 59 V. c. 2!), s. 3.

^5) Whenever any such plan or map has been so made and Duty of the
deposited as aforesaid the Registrar shall make a record of the J^fJ*int'p^"|,
same, and enter the day and year on which the same is de-
posited in his office. R. S. O. 18S7, c. 152, s. 67.

103. Sections 100 to 102 of this Act shall a ply as well to Application o
lands already surveyed or subdivided as to t' jse which may "'" *"
hereafter be surveyed or subdivided, subject to the provisions

of section 109 of this Act. R. S. O. 1887, c. 152, s. 63 (4);
56 V. c. 21, s. 97. ■ .■ '

104. Every copy of such plan or map obtained from aCopieaof
registry oflRce, and certified as correct by the Registrar or demse.*"
Deputy Registrar shall be taken in all Courts as evidence of , ,
the original thereof and of the survey of which it purports to

be a plan or map. R. S. O. 1887, c. 152, s. 66.

108. — (1) Where an instrument which does not conform Where inatrn-
and refer to the proper plan, as required by section 100, has f!^rnifng°to "°
been duly executed and any party thereto has died prior to proper plan
the registration thereof, or in any case where it would, in the "g^j^t'^^ed
opinion of the Registrar, be impossible or inconvenient to obtain
a new instrument containing the pvopei description, such in-
strument may bo registered if accompanied by an aflSdavit
annexed thereto or endorsed thereon in accordance with the
form given in Schedule P.

(2) The Registrar shall thereupon enter such instrument
under the lots desijjnated in the affidavit in the abstract index
in which the subdivision is entered, and no entry shall be
made under th<- lot or lots prior to the subdivision. 57 V.
c. 35, s. 3, part.

109. In sales of lauds under surveys or subdivisions made when plan
before the 4th day of March, 1868, where such .surveys or '""»' ''^ •■«»'«■
subdivisions so differ from the manner iJi which such land of lands sub-
was surveyed or granted bv the Crown that the parcel so sold '^•^''^J'^ before

J ^ ■■ I 4th March,

1868.

Plan not bind-
ng until some
sale is made
under it ;
alterations in
plan.

cannot be easily identified, the plan or survey shall be regis-
teied within six months after the passing; of this Act if the
plan or survey is still in existence and ])roourable for registra-
tion and tiling under section 100, and if it is not. a new survey
or plan .sliall be made by and at tlie joint expense of the per-
sons who have made such surveys or subdivisions, and of all
others interested therein, by some duly authorized Ontario
Land Surveyor, or as nearly as may be accoiding to the proper
original survey or subdivision, and tlio .same when .so made
shall be tiled as if under .section 100 of this Act. R.S.C). 1887,
c. 152, s. G4; oti V. c. 21, .s. 101.

110. In no case shall any plan or survey, although filed and
registered, be binding on the person so tiling or registering
the same, or upon any other person, unless a sale has been
made according to such plan or survey, and in all cases amend-
ments or alterations of any such plan or survey may be or-
dered to be made, at the instance of the person tiling or regis-
tering the same or his assigns, by the High Cburt, or by a
Judge of the said Court, or by the Judge of the County Court
of the county in which the lands lie, if on application for the
purpose duly made, and upon hearing all parties concerned, it
be thought fit and just so to order, and upon such terms and
conditions as to costs and otherwise as may be deemed expedi-
ent. An appeal shall lie from anv such order to the Court of
Appeal. R. S. 0. 1887, c. 152, s. 05 (I) ; oG V. c. 21, ,s. 102.

1 11. — (1) Where an incorporated city, town or village, or
village not incorporated, comprises ditierent parcels of land
owned at the original division thereof by different per.sons, and
the same were not jointly surveyed and one entire plan of such
survey made and tiled in accordance with section 100 of this
Act, the municipal council of the township within which such
unincorporated village is situated, or of such incorporated city,
town or village, shall, upon the written request of the Inspector
or of any person interested, addres.sed to the clerk of the muni-
cipality, immediately cause a plan of such city, town or village
to be made upon the scale provided for under this Act, and to
be registered in the Registry Oflice of the Registry Division
within which the municipality lies, which map or plan .shall
have endorsed thereon the certiticates of the clerk and head of
the municipality and the surveyor, that the same is prepared
according to the directions of the municipality and in accord-
ance with this Act, and the corporate .^eal of the municipality
shall be attached to the map or plan.

Registration (") Where the uniucoiporattMl village ns aforesaid is situ-
of planof uu- ted in two or more townships, the inspector may, by a written
v^Hage'sttuate order, cause a plan of such village to be made upon the scale
in more than aforesaid, and to be registered in the proper registry office,
one owns ip ^^^^^j ^y),^,^,^^. ^jie unincorporated village is situate in two or n\ore
registry divisions, a duplicate of such map or plan shall be

Appeal.

PlanB of
towns or
villages to bf
registered in
certain cases.

rej,'iHterofl in each of such registry divisions in so far as it af-
fects lands in such division ; tlie map or plan shall have en-
<lor8ed thereon the certificate of the sui'veyor that the same
lias been prepared accordintj to the order of the inspector, and
such order or a copy thereof, shall be attached to or endorsed
on such plan; and ajiy plan of an unincorporated village situ-
ate in two or more townships heretofore pi'epared upon the
re(iuest of the inspector, may, in like manner, be registered in
the proper registry office, and shall when so registered, be as
valid as if the same had been prepared upon the order of the
inspector.

(b) The expense attending the preparing and depositing
of any map or plan in the next preceding clause (a) mentioned
shall be paid out of the g-nerai funds of the municipalities in
which the unincorporated village is situated, in such propor-
tions as the inspector may oi'der, and any municipality may
levy its propoi'tion of such expense, or so much thereof as the
council of the municipality sees fit, by assessment f)n all rate-
able property comprised in the proportion ol the unincorporated
village situate in such nninicipality as described by metes and
bounds in a by-law to be passed by the municipality for the
purpose of levying such rate. R. S. 0. 1897, c. 136, s. Ill (1) ;
62 V. (2), c. 16, s. 12 (a), (^).

(2) The expense attending the preparing and depositing of
the map or plan .shall be paid out of the general fundy of the
municipality, except in the case of unincorporated villages,
where the same may be paid in whole or in part by
the municipality out of its general funds, or the same
may in whole or in part atthe option of the municipal-
ity be paid by special rate to be levied by assess-
ment on all ratable property comprised in the unincorpor-
ated village as described by metes and bounds in a by-law
to be passed by the municipality for the purpose of levying
such rate ; and in case of tlie refusal of the municipality to
comply with all the requirements of this section within six
months next after being required in manner aforesaid so to do,
the municipality shall incur the same penalty, and the same
shall be recoverable in the manner provided in .section 101 of
this Act. R. S. 0. 1897, c. 186, s. Ill (2) ; 62 V. (2), c. 16, .s. 18.

(3) Where land in a township has been or shall hereafter be
sold under surveys or subdivisions made in a manner which so
differs from that in which such land was .survej'^ed or granted
by the Crown that the parcel soUl cannot be easily identified,
and the map or plan has not been registered under this or any
other Act in that behalf, the council ot the township may at
the written recjuest of the Inspector, or of any person inter-
ested, cause a plan of any such land to be made and registered
in the mme manner and with the same etlect as in the case of
an unincorporated village ; and the expenses attending the
preparation of and filing ot the map or plan .shall be paid by
a special rate to be levied by assessment on the lands com-

Expenses of
re^iHtering
plan of Huch
unincorpor-
ated village-
how appor-
tioned.

Payment of
ezpensei.

Reffiatration
of plane of
township
subdivisions
in certain
cases.

prised in said map or plan, as described in a by-law to be
passed by the council for tbo purpose of levying such rate ;
and the municipality shall have the like remedies for the
recovering of such last mentioned expenses as it has for com-
pelling payment of taxes. R. S. O. 1887, c. ^',2, s. 68 : 50 V.
c. 21. s. 103 (3).

Plana of
municipalitiea
—what to be
ihown OD.

ObliKatioDB
not impaired.

filed.

" 3 (a). Any plan prepared under the provisions of sub-
sections 1 and 3 of this section shall show such subdivisions
of original lots as are shown by the registered plans and by
the deeds of such lands as are not shown on the registered
plans, and the plan so to ho made shall be prepared without
adding to the costs thereof the expense of any actual survey
on the ground except such as may be necessary to connect the
subdivisions or parcels of land and to show any natural or
artificial boundaries of the same which cannot be shown on
the new plan from the information contained in the registered
plans and deeds. •)2 V. (2) c. l(i, s. 14.

(4) Nothing in this section contained shall be deemed or
construed to relieve any person from any liability, duty, obli-
gation or penalty provided or imposecl by or under any of the
provisions of sections 100, 101 and 102 of this Act. R. 8. 0.
1887, c. 152, s. m ; 50 V. c. 21, s 103 (4).

Power of (5) Where any land has been sold or convi^yed in lots or

County Judge parcels by metes and bounds, or in any other manner
planBtobe without a map or plan registered \inder this or any other
Act in that behalf, showing such subdivisions ; or where

Eortions of lots shown by any registered plan or subdivision
ave been sold, and the lots or parcels so sold are not dis-
tinguished by numbers or letters, the Judge of the county or
district in which the land is situate may, on the application
of the Inspector, after such notices as the Judge may think
reasonable, on being satisfied that it is expedient so to do,
make an order directing the Registrar in whose division such
land is situate to have the same, or any part thereof, laid out
into lots or parcels in such manner and numbered as he shall
think fit, and a plan or plans thereof made in accordance
with the records in the Registry Office, or from actual survey,
as may be found necessary, and registered in accordance with
the provisions of this Act, which plan shall have the order of
the Juflge endorsed thereon, signed by him. The costs and
expenses of and incidental to such application and plan
and the registration thereof shall be borne by tlie person,
corporation or nmnicipality to be named by the Judge
in the order. Such order shall be entitled in the County
Court and in the matter of the lands in question, and on filing
the order with the Clerk of the County Court the same may
be enforced as if it were a judgment of the Court. The regis-
tration of such plan .shall be binding on all parties sub.setjuently
Effect of dealing with the lands or any part thereof included in tlie

registration, plan or any interest in or concerning the same, but shall not

Gosts .

affect in any way the rights or interests of any owner or other
person entitled at or prior to the date of registration 5G V
C. 21, s. 103 (5) ; 62 V. (2) c-. 10, h. 15.

1 1 2 Every person who is reciuired to lodge with the Regis- Delive.y of
trar ii plan or map ot any survey or subdivision of land in any f'*"* '"
mun.c.pality shall at the sauH- time deposit with th.' said SuTi
Registrar a duphcate of such plan or map. an<l the Roaistrar
shall endorse thereon a certificate .shewing the number oIt such
plan or map and the date when the duplicate original thereof
was hied with him, and the .same .shall upon request and with-
out any tee being chargeable in respect thereof, be delivere<l
7 the Registrar to the trea.surer or assessment commissioner
ot the local municipality in which such land is situate The
Registrar shall not register any such plan or map unle-ss and
until a duplicate thereof is deposited in accordance with the
provisions hereof. R. g. O. 1887, c. 152, .s. 0^, part; 56 V.

C. Zl, S, iVrt.

SCHEDULE G.

County of

and say

(ikctioH 40.)

>OKM OF AFFIDAVIT OF EXECUTION.

1 ^'

the
To Wit : J County of

,of

in the

, make ' ith

insLTnmVjnlJTT"/ '''f ^"^ ^"'^ '^"' "^'^ ^fi« annexed (or within)

;e:ledTnyetlted"l!f ' '^ " "'' """""'^ " "'' ^""'^ ^'"^^ ^'^^^^
partie,s thereto. "" the

4™c^.Sat'r™"^' ^'^"' '"^^T*^' '^•^"^'' --''^"^ ^'^^^^
^Jl^That I know the said parties (o. one or more „J them according to the

5G V. f. 2l,NcAf(Z. G.

4(j
SCHRDMLE O.

{Section 100.)

KOBM OK Sl'KVKYOU'.s CKKTIKICATK OF I'LAN.

I horel>y certify thiit tliis plan iiccuriitoly shows the miiiiiier in which
the lund iiu;luded thertMii hjw heeii Burveyed and subdivided hy mo ; Hiid
that the said j>lan is pivparud in accordance witii the provisions of The
Rrijistry Act.

Dated

,18 .

A. H.
Ontari<» Land Surveyor.

56 V. c. 21, Si'hi'd. 0.

SCHEDULE P.

{Section 108.)

AKKIKA.VIT WnEKK I.VSTKl'MKNT HOKS NOT CONFORM TO I'I,AN.

Connty of ^ 1 {give name nddreim and occupntion,.)

o.ith and say

] ■

To Wit : J make

1. To the best of my knowledge and belief, the lands described in tiie
within {or annexed) instrument and duplicate are designated on Regis-
tered Plan No. as lota {dencrihe same ho a.t to conform to plan).

2. That
the

the cane may be).

a jiarty to said instrument died on or about
day of A.D* {or a*

3. That it would bo impossible {or inconvenient) for the reason afore-
said to obtain a new instrument or a re-execution of the said instrument
containing a description conforming to the said p an.

4. That I have a personal knowledge of the matters herein deposed to.
Sworn, etc.

57 V. c. 35, s. 3, part.

"LAUD titles:'

(E.vt fill's from ClKipter 1,'IS, It. 8. 0. Ifiti7.)

An Act to

simplify Titles and to facilitate
Transfer of Land.

the

HER MAJESTY, by and witli the advice and consent of
the Lei^islative Assembly of the Province of (Jntario,
enacts as follows: —

Plans.

109. Every person who under this Act, deposits with the Delivery of
Master or Local Master of Titles a plan or map of any survey plans to muni-
«r subdivision of land made by such person for the purpose of nten. '***
selling or conveying the sam.e in lots, or of any alteration of a
previous survey or division, shall at the same time deposit with

the said Master or Local Master a duplicate of such plan or
map, and the Master or Local Master shall endorse thereon a
certificate showuig the number of such plan or map and the
date when the duplicate original thereof wa.s filed with him,
and the same shall be delivered by the Master or Local Master
to the treasurer, or assessment commissioner of the local muni-
cipality in which said land is situate, upon recjuest and with-
out any fee being chargeable in respect thereof ; and the Master
or Local Master of Titles shall not file or register any plan or
map unless and until a duplicate thereof is deposited in accord-
ance with the previous provisions hereuf, 56 V. c. 22, s. 15.

1 10. No map or plan shall be filed in the office of the Master piung pia„,
of Titles at Toronto or in the office of any Local Master of Titles with roads
upon which a road, street or highway less than G6 feet wide j^^* *^*^-^j,_
is laid out unless and until the assent of the proper municipal

council is registered therewith where such assent is by law
necessary. 55 V. c. 24, s. 1.

111. In no case shall any plan or survey, although filed Amendment
and registered in an office of Land Titles, be binding on the of plans,
person so filing or registering the same, or upon any other
person, unless some sale has been made according to such plan

or survey; and in all cases amendments or alterations of any
such plan or survey may be ordered to be made at the instance
of the jxTson filing or regi.stering the same or his assigns, by
the High C urt, or by a Judge of the said Court ; or, where
the land.s,are not in the County of York or (.'ity of Toronto,
by the Judge of the County or Distriv .. Court of the county or

1471

district in which the lands lie ; and where the lands are in the-
County of York or City of Toronto by the Master of Titles, ifV
on application for the purpose duly made, and upon hearinir
all parties concerned, it is thought just so to order, and upon
such terms and conditions as to costs and otherwise as may be
deemed just and expedient. An appeal shall lie from any
such order to the Court of Appeal. 52 V. c. 20, s. 7.

Transfer of 113. Where all the lots on any plan of subdivision filed in

P^*°« offi" r ^ registry office are registered under this Act, the Master or
gi8 ry cee. j^^^^j j^g^^j-gj. ^f Titles may require the Registrar to deliver

the plan to such Master to be filed in his office ; and the Regis-
trar shall thereupon deliver the same, taking a receipt there-
for. 52 V. c. 20, s. 8.

SCHEDULE OF RULES.

Plans.

5§. — <1) An owner subdividi-g land for the purpose of selling or con-
veying the same in lots shall deposit with the Master a map of the land
on a scale not less than one inch to avery four chains, and the scale shalB
be marked on the plan. The plan shall shew in black India ink the
boundaries, numbers and other distinguishing marks of the lots laid out
thereby, and shall shew the number ot the township, towp, or village lots,,
and range or concession as origintilly laid out, and all the boundary lines
thereof within the limits of the land shewn on the said plan, and where
the plan is a subdivision of a lot or lots on a former plan it shall shew in
a permanent ink of another colour the numbers or other distinguishing
marks of the 1" t or lots subdivided and the boundary linos of such lot or
lots. The plan sliiiU also shew all roads, streets, lots and commons within
the same, with the courses and widths thereof respectively, and also in
black India ink the width and length of all lots, and the courses of all
division lines between the respective lots within the same, together with
such other inforniatiin as is required to shew distinctly the position of the
land being subdivided.

(2) Every sucli plan shall be signed by the owner of the land or hi*
agent, or whore a corporation is the owner, by tho chief ifticer of the cor-
poration, and shall be certified by an Ontario Land Surveyor in Form 52
given in the schedule appended hereto.

(3) Every such plan s>hall Ite mounted on otilF pasteboard of good
quality, and in case it exceeds thirtj inches in length by twenty-four
inches in width shall bo folded so as nut to exceed this size.

(4) The Master, l)ef<iro filing

)an, may roipiiro evidence to be

given ex]>laining any seeming discropi cy Setwoon the measurements on
the plan and the description of the laud in tiio register, or may recpiire
evidence respecting any otlier matttr which he considers requires to be
explained. »

59. — (1) In other cases the Muster may require a person applying for Rule, 60 4 51
registration under this Act, to deposit a map or plan of the land, with made under
the several measui-ements marked thereon, certified by an Ontario Land Imp. Act 33 k
Surveyor and so many counterparts as may be required, and upon one of 39 V. o. 87.
the loUowing scales : —

(a) If the land, or the portion thereof proposed to be transferred
or dealt with, is of less area than one acre, then the map or
plan shall be on a scale not less than one inch to two chains.

(6) If the land, or the portion thereof ]>ropo3ed to be transferred or
dealt with, is jf greater area than one acre, but not exceeding
five acres, then the map or plan shall be on a scale not less
than one inch to five chains.

dealt with, is of greater area than five acres, but noc e.\ceeding
eighty acres, then the map or plan shall be on a scale not less
than one inch to ten chains.

(d) If the land, or the portion thereof proposed to be transferred or
dealt with, is of greater ai-ea than eighty acres, then the map
or plan shall be on a scale of one inch to twenty chains.

(2) The owner shall sign the said plan and verify the accuracy of the
«ame before some person authorized under section 1.'55).

(3) If the owner neglects or refuses to comply with such reciuirements J-
as aforesaid, the Master m ly refuse to proceed with the registration of

the transfer or dealing.

(4) Subsecjuent subdivisions of the same land may be uelineatod upon a
duplicate of the maj) or plan of the same so depnsited, if the .same is upon
a sufficient scale in accordance with the provisions herein contained ■ and
the correctness of the delineation of each such suVidivision shall bo
acknowledged in the manner prescribed for the case of the deposit of an
original map.

(5) Wliere parts of difterent legal subdivisions are included in the same
transfer, the maj) shall represent the whole of such legal suddivisions, and
flhall indie (te fclie location of the lands t ) bo transferred ; tiiis shall not
be necessary in the case of lots in a city, town or village, the plan of
which has been registered, unless the Master shall otherwise direct.

SCHEDULE OF FORMS.

52. —Fill m of S'lnryor'n Cotijicate nf corrercne.is oj Finn.
(Rules 5S (I ml ■',<).)

good
^'-four

I hereby certify that this plan accurately shews the manner in which
the land (or part of the land) entered in the office of l/md Titles at Toronto
as Parcel lOJ) in the register for the tduvi.tlnp of Yorl;, being the irest half
of 'ot 10 in tlie 'ftli riincexnion of miil foirnHhip, has been surveyed and sub-
divided by me, and ti'at the said [ilan n prepared in accordance with the
provisions of the Land Titles Act.

Dated

A. R,

Ontario Lmd Surveyor.

THE MUNICIPAL ACT."

Extracts from Chapter 22S, E. S. O. ISfll

An Act respecting Municipal Institutions.

What shall

ctiastitute
public high-
ways.

HER, MAJESTY, by and with the advice and consent of
the Legislative Assembly, of the Province of Ontario,
enacts as follows : —

Highvjays Defined.

598. All allowances made for roads by the Crown survey-
ors in any town, township or place already laid out or here-
after laid out ; and also all roads laid out by virtue of any
statute, or any roads whereon the public money has been
expended for opening the same, or whereon the statute labour
has been usually performed, or any roads passing through the
Indian lands, shall be deemed common and public highways,
unless whei'e such roads have been already altered, or may
hereafter be altered according to law. oo V. c. 42, s. 54. See
also cap. 181, sees. 20, 21, 39 (1).

Freehold in Crotvn.

Certain high-
way b, road
allowances,
etc., vested >
the Crown.

Width of
roads.

599. Unless otherwise provided for, the soil and freehold
of every highway or road altered, amended or laid ou^ accord-
ing to law, ana every road allowance reserved under original
survey along the bank of any stream or the shore of any lake
or other water, shall be vested in Her Majesty, her heirs and

successors.

55 V.

c. 42, s. 525 ; 59 V. c. 51, s. 19.
Width of Roads.

630. No municipal council, except the council of a city or
town, shall lay out any road or street more than 100 nor less
than 6(i feet in w'dth, except where an existing road or street
is widened, or unless with the permission of the council of the
county in which the municipality is .situate; but any road,
when altered, may be of the .same width as formerly. 55 V.
C. 42, s. 545, p<irt.

(2) No highway or street, of a le.ss width than 60 feet, shall
be laid out by any owner of land, without the consent of the
council of tlie municipality, by a three-fourths vote of the
members thereof. 55 V. c. 42, s. 545, part ; 60 V. c. 45, s. 57.

Roads connecting Side Lines i« Double Front Concessions.

663. — (1) In any townships in which the concessions have SidelineBin
been surveyeil with double fronts, tliat is with posts or monu- double front
nients planted on both sides of the road allowances between the
concessions, and the division or side lines drawn from the posts
at both ends to the centre of the concession do not meet, and
road allowances have been laid out along such lines, the coun-
cil may by by-law provide for the opening and laying out O. L. S. to be
Cupon a survey made by an Ontario land surveyor, to be 1"*""^^ in by-
named in the by-law) of a roadway joining the ends of such
road allowances.

(2) The centre of such roadway shall be determined by a
straight line drawn along the centre of the concession between
the ends of such road allowances, unless it appears to the
surveyoi' that any other line would be more suitable according
to the circumstances of the case.

(3) The surveyoi" shall determine the compensation to be
paid to persons w ho,-e lands are taken for opening and laying
out the said roadway, and the amount so determined shall be
paid to such persons by the municipal corporation of the town-
ship.

(4) A copy of the by-law shall be served upon all persons
over whose lands the proposed road will pass ; and any such
person desiring to object to the surveyor named in the by-law
may, within one month after service thereof upon him, serve
on the clerk of the municipality and on the other persons
interested a notice of objection to such surveyor together with
an appointment returnable before the County Judge of the
county in which the lands lie.

(5) Upon the rettirn of the appointment the Judge, after
hearing all parties concerned may confirm the appointment of
the surveyor named in the by-law or may name and appoint
some other Ontario land surveyor to carry out the terms of
the by-law ; and in such case the surveyor so appointed shall
act in the place and stead of the surveyor named in the by-law.
60 V. c. 55, s, 1.

(See also sees. 598 to G63, Municipal Act, as to Highways
and Bridges.)

"RAILWAY ACT."

{Extrach from) Chapter 207, A'. 6'. 0. 18W

Book of
reference.

By whom
certified.

Notice to
opposite
party .

An Act respecting Railways.

HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of Ontario,
enacts as follows : —

PLANS OF SURVEYS.

10. Plans and surveys shall be made and corrected as fol-
lows :

1. Surveys and levels shall be taken and made of the lands
through which the railway is to pass, together with a map or
plan thereof, and of its course and direction, and oi the lauds
intended to be passed over and taken therefor, so far as then
ascertained, and also a book of x-eference for the railway, in
which shall be set forth —

{a) A general description of the said lands ;

(h) The names of the owners and occupiers thereof, so far
as they can bo ascertained ; and

I. The map or plan and book of reference shall be examined
1 certified bv the Commissioner of Crown Lands or his

and certified by

deputies, who .shall deposit copies thereof in the ofhces of the
Clerks of the Peace in the districts or counties through which
the railway passes, and also in the ofhce of the Provincial Sec-
retary, and shall also deliver one copy thereof to the company.

aO. — (1) A notice shall be served upon the party which
shall contain : —

(a) A description of the lands to be taken, or of the pow-
ers intended to be exercised with regard to any
lands (describing them) ;

(6) A declaration of readiness to pay some certain sum or
rent, as the case may be, as compensation for such
lands or for such damages ; and

(f) The name of a person to be appointed as the arbitra-
tor of the company, if their ofiier be not accepted.

(2) The notice shall be accompanied by the certificate of a
sworn surveyor for Ontario, disinterested in the matter, and
not being the arbitrator nimed in the notice to the following
eflFcct : —

(a) That the land (if the notice relates to the taking of

land), shewn on the map or plan, is required for
the railway, or is within the limits of deviation
hereby allowed ;

(b) That he knows the land, or the amount of damage

likely to arise from the exercise of the powers ; and

pensation for the land, and for the damages as
aforesaid.

(5) If within ten days after the service of the notice, or p^iy not
within one month after the first publication thereof as afore- accepting the
said, the opposite party does not notify to the company his offTand'not
acceptance of tiio sum offered by him, or notify them the name appoinUngan
of a person whom he appoints as arbiti-ator, then the Judge arbitrator,
shall, on the application of the coDjpany, appoint a sworn sur-
veyor for Ontario, to be sole arbitiator for determining the
compensation to be paid as aforesaid.

(For duties of Arbitrator see also the other sub-sees, of the
above sec.)

CHAPTER 26.

(61 Vic. c. 1S98.)

An Act respecting Roads in Unincorporated

Townsnips.

Rev. Stati.
c. 224, 8. 121
Mnended,

HER MAJESTY, by and with the advice and consent of
tlu? LegisUitive Assembly of the Province of Ontaiio,
enacts as follows : —

1. Section 121 of The Assessment Act is amended by add-
ing the following as a snb-section thereto.

PoweiBof (2) The said coumiissionei-s shall have power to open road

road comtnia- allowances when the same have been laid down in the original

Bioner" as to , . ., ^ n -.i i ii

openiuK roads surveys, and in case said roao allowances are either wholly or
partially impracticable, to lay out roads in lieu thereof ; and
where no road allowances are laid down in the original sur-
veys, but five per cent, of the area is reserved for roads, the said
commissioners may lay out roads where necessary, and direct
the performance of statute labour accordingly.

Laying oat 3. Where a municipality is formed embracing a township or

roads in tow n- townships suvveyed without road allowances, but in which tive
allowances per cent, of the area is reserved for roads, such municipality
surveyed. shall have the power to lay out roads where necessary.

Fi-ing plan of
roads in
Crown Lands
Department,

3, In cases of deviations from road allowances and of roads
laid out where there are no road allowances as above provided,
the commissioners or the municipality, as the case may be,
shall cause a plan thereof, so far as the same affects ungranted
lands of the Crown, to be made by an Ontario land surveyor
and shall file the same in the Department of Crown Lands.

I .HI

THE CRIMINAL CODE, 1892, OF CANADA.
(Extracts from 55-66 V. c. 29.)

505. Injurte.s to Land Marks, etc.— Every one is guilty
of an indictable otfence and liable to seven yeais impri.sonment,
who rvilfully pulls down, defaces, alters or removes any mound,'
land mark, post or monument lawfully erected, planted or
placed to mark or determine the boundaries of any province,
county, city, town, township, parish or other municipal divi-'
siou. R. S. C. c 108, s. 56.

506. Every one is guilty of an indictable offence and liable
to five years imprisonment, who wilfully defaces, alters or
removes any mound, land mark, post" or monument lawfully
placed by any land surveyor to mark any limit, boundary or
angle of any concession, range, lot or parcel of land.

2. It is not an offence for any land surveyor in his opera-
tions to take up such posts or other boundary marks, when
necessary, if he carefully places them as they were before
R. S. C. c. 168, s. 57.

SUGGESTED FORM OF OATH OR AFFIRMATION
FOR CHAIN BEARERS.

I, A. B., do solemnly swear (or affirm, as the case may he)

(1) That I will faithfully discharge the duties of a chain-
bearer for Ontario Land Surveyor and will act as-
such justly and exactly according to the best ot my judgment
and ability, and will render to him a true account of mjr
chaining and measuring.

(2) That 1 am absolutely disinterested in the survey now
about to be performed, and am not related or allied to any ot
the parties interested in the same within the fourth degree ot
relationship, i.e., cousin-german. So help me God.

Sworn before me at
this day of

Ontario Land Surveyor.

DEPAKTMENT (3F CROWN LANDS,

Toronto, April Ist, 1897.

L. No. ] 01 88-97.

SlR,-

In consequence of irregularities which have been brought
under the notice of the Commissioner of Crown Lands. I am
directed by him to inform you that in future all plans and
held notes accompanying applications to this Department
inust be certified to by the Surveyor making the survey, in
the following form :

I hereby certify that the foregoing plan and field notes are
correct, and are prepared from actual survey made under my
personal supervision.

Ontario Land Surveyor.

Dated this

day

I have to request that you will pay attention to this in all
future surveys.

Your.s truly,

(Sgd.) AUBREY WHITE,

Ass't Counuissioner.

(Sgd.) G. B KIRKPATRICK,

Director of Surveys.

LIST

(ONTARIO) ACTS RELATING TO SURVEYS AND SURVHYORS.

(Note. — Shttiiten contained in this pamphlet are printed in Ulaek fiipe.)

Aldhorough, survey of, e.stahli.shed

Albion (Uid King, proviHions of 22 Vic. cap. 59, ox-

tciitled to

Aiiu'liashuig, Wihuott'.s survey established

Ancaster and Flaniborough West, OHtablishing division

lines between townships

Arbitrator, sole, O.L.S... appointment of

and

Bedford, Benson's survey e.stablished

Bedford, how side ines to be run

Beverley. Kirkpatrick's survey established

Beverley, 1(J Vic. cap. 230, revived, continued

amended

Beverley, certain aide lines and side roads confirmed .

Binbrook and SaltHect, settling difticulties in

Bir brook and Saltdeet, Act amendtd

Bosanquet and McGillivray, D. S. Campbell's survey
of part legalized and substituted for Rath's survey.

Boundary between Ontario and Quebec

Boundary Lines, dtiiiputes voncerninff

Bridges (see Municipal Act).

Burford. to establish and define certain road allow-
ances, etc

A. D.

A. R.

Cap.

Caistor and Howard, to confirm and establish road
allowances

Caistor, Hoods survey of 2iid concession confirmed. . .

Caledon, Wheelock's survey confirmed

Chatham and Camden, to establish boundary lines in
front of lots on River Thames

Chatham Town, Kirk and Salter's re-survey confirmed.

Clarke, to establish part of 7th and 8th concessiims,
from lot 1 to 10

Colchester, Rankin's survey of certain lots in 4th con-
cession legalized and confirmed

Commissioner of Crown Lands

Cornwall, survey between 7th and 8th concessions. . . .

Cornwall, east boundary of 3rd concession . . . .

Cornwall, part of 9th concession

1853

IH Vic.

225

1870-71
]850

34 Vic.
:3-li Vic

1825

(5 Cieo. 4th

^897
s 1897
^ 1997

R. S. ().
R. S. O.
R. S. O.

207. B. 30 I.'il.
KttilyAct.
292. B. 36 UJ,
PiihliuSch'l.

29:t, 8. 27,
lligtl Schnol

1854
1864
1853

18 Vic.

27-28 Vic.

16 Vic.

230

1855
l>fiii
1831
1839

18 Vic.

23 Vic.
1 Wm. 4th
7 Wm. 4th

173

100

1877
1874
18«T

40 Vic.
38 Vic.
R.S.O.

«4

18(J1

24 Vic.

1859
1859

1878

22 Vic.

22 Vic.
41 Vic.

83
86
32

1837
1809

7 Wm. 4th
33 Vic.

58
66

1857

20 Vic.

116

1873
1897
1830
1843
1850

36 Vic.

R.S.O.
11 Geo. 4th

7 Vic.
13-14 Vic.

61
28, 8. 6
15
42

[59]

LIST OF XCTH HKLATINO TO SUKVKYK.

Cornwall, to clocl ire valid a curtaiii Biirvuy of part of
Town of

Coniwiili, to (locliiro valid a certain Hurvoy of {wirt of
Town of

Corporation surveyor (Municipal Act)

Craniah., asccitainini; Hide lineH of lit.s in, mid correc^
tion of eastern Hi<le lino of Township

Crowland, I)o('niw's Hurvey of Urd find 4th concussionH
Bet aside

Ci'Mberland, mode in which side line iu Int concoHsion,
old Hurvey, shall lio run

Darlin}j[t(.n, to authorize a Hurvey of hrnken front con
coHsion

Ditches and Watercourses Act

Ditches and Watercourses Act (Railway)

Dorcliester, Nortli, to establtsii Ixiuu 'a y line of certain
concessions lots aii'l 8i<l(! lines, Peter's and McMil
lan's viiriHcation survi y lontiniied

Drainage. (See Municipal Di'ainage.)

Dundas, Town, to close Kosina street

EdwardsVungh, side lines mi

Pjldon, Hanning's survey of j)art of line bttween 4th

and oth cuncessioriH contirnied

Elmsley and Montague, line between, in 4th concession
Elmsleyand Montague, 10 and 11 Vic. cap. o.'i, re|)ealed
Elora, closing of certain streets authorized, (iilkison's

survey partially annulled

Emily, how side lines shall be run

Ernestown and FredericksVjutg, relitive to survey of

Gore between

Etobicoke and Toronto Gore, to estwllish true location

of road allowance

Fire ((jreservation of Forests from)

Fitzroy, how side lines of certain lots shai bo run. . .
Flamborough West, and Ancaster, establishing division

lines between Townships

Fredericksburgh, survey of 1st, 2nd and 3rd conces

sions, etc

Fre lericksburgh and Ernes own, relative to survey of

Gore between

Free (irants and Homtsteads Act

" " (Rainy River)

Gloucester, course of side lines in the Gore

Goderich, Gibson's survey of 1828-9 confirmed

Grimsby, Ilykert's survey of concession line between

Gore A and 8th concession confirmed

Gwillimbury, North, establishing side lines

AD.

1854

1884
1H»7

A. R.

Cap.

18 Vic.

2»

47 Vic.

K. S. O.

1H2:I j 4 Ge;j. 4th
18(52 25 Vic.

1860

23 Vio.

185(i ; 19 Vic.
18!>7 I R. S. O.
1897 i K. S. ().

1863

1871-2

1850

1874
1847
1849

1869
1873

1834

1H58

1898
1863

1825

1826

1834
1897
1897

1846
1861

2<i Vic.

35 Vic.

13-14 Vic.

38 Vic.

10-11 Vic.

12 Vic.

33 Vic.

36 Vic.

4 Wm. 4th

22 Vic.

R. S. O.
26 Vic.

6 (ieo. 4th

7 Geo. 4th

4 Win. 4th
R. !S. O.
R. S. O.

9 Vic.
24 Vic.

1860 23 Vic.

1833 3 Will. 4th

Hamilton, line between 7th and 8th con. established. . 1865 18 Vic.

Hamilton, 18 Vic. cap. 172, repealed 1858 i 22 Vic.

Hamilton, City, to close certain streets 1871-2 36 Vic.

Hamilton, to establish certain ro^d allowance and higli-

waya , 1866 29 Vic.

( 22.1, 8.
) 537 (6)

.{5

101

67
286
236

50
69

r)3
102

69
60

267
14

20
29
30

49
66

99
38

172

78
68

FJMT OF ACTS UKLATINO TO SUHVKY8.

IlHrvuy curtHin Inmriiiga cstiiljliHlied as true ooursen of
Hid linos in

HighwuyH (si'o Muiiici|ml Act).

Hillier. Wilmot's Hurvoy eatablisliuil

Hopo, to coiiKrin 1). S. I. MuHtnii'H survey <»f pnrt of
7th coiiui'fsion

H<i|ie, (». A. Siowart's survoy sot Hide

HoWiird mid (JaiHtor, to coMlfriii >ou\ estiibliHh road
allowances

Huntley, Imw side lines almll be run

Improvements under mistake of title

Kennebec, now survey confirmed

Kenj on, Hide roads estaldished

King, auiliori/.ing new survey

King and Albion, provisions of 22 Vic. cap. 69, ex-
tended to

King, to conliiin certain side roads, etc

Kingstun, City, to close uj» jwrt of Union Street

Lancaster, to provide for guiding lines . . .

Land Surveyors

Land Titles Act

Line Fences Act . . . .

London, City, relative to certain streets . . .
London, City, to (!lose part of Church Street
Louth, establishing lines in

Mad(jc, to vest a road allowance, etc., in S. D. Russell.

Matilda, IJri'.ce's survey of part c.infirmed

Melancthon, Passmore's re-survey of part confirmed. . .
McGillivray, Township Council may dispose of certain

roaci allowances

McGillivray and l{osan(|Uet, D. S. Cami)beirs survey of

part legalized and substituted for Ilath's survey .

Mines Act

Monaghan, line of park lots established

Monaghan, 1(> Vic. cap. 228 repealed

Montague and Klinsley, line between in 4fh concessic^ns
Montague and Elnisley, 10 and 11 Vic. caj). .53, repealed
Municipal Act

" Drainage Act

Niagara, to ascertain north boundary line

Niagara, to confirm a portion of original survey

Nissouri East, and Kast and West Zorra, Township

Councils may dispose of certain road allowances. .

Norwich, settling roads and lines in

Onondaga, to alter survey of part of 3rd concession,
called Martin s Bend, and to contirm a new survey
thereof

Osgoode, course of side lines in

O.sgoode, 10 and 1 1 Vic cap. 54, amended

Osnabruck, establishing division lines between 2nd and
3rd concessions

1882

1865

1858
1858

1860
1870 1

1897

1890
18ti2
1835

1870-1
1864
1874

1«29

I89T

18»7

1897
18r.8.9
1870-1

IhU

18G1
1877
1809

1857

1877
1897
1863
1855
1848
1K49
1H»T
1897

1832
1855

1867
1835

1856
1847
1850

1822

45 Vic.

18 Vic

22 Vic.
22 Vic.

22 Vic.
34 Vic.

US.O. j

53 Vic.

25 Vic.

6 W m. 4th

34 Vic.

27-28 Vic.

38 Vic.

lOCieo. 4th
R.K.O.
K.H.O.

u.s.o.

32 Vic.
34 Vic.

4 Wm. 4th

24 Vic. '
40 Vic.

33 Vic

20 Vic.

40 Vic. ,

R.SO.

16 Vic.

18 Vic. t
ID-Il Vic.

12 Vic.
K.M.O.

R.S.U.

i
2 Wm. 4th

18 Vic.

20 Vic.

5 Wm. 4th

19-20 Vic.
10-11 Vic.
13-14 Vic.

2 Geo. 4th

.{5
151

r.(»
t)(i

83
61

119, s. 30-
32

86
43
20

60
79
44

13
180
130

234
73
64
21

138

48
67

112

228

154

102

•^«:«

226

19
156

HI
2<5

109

54
86

(i2

LIST OF ACTS RELATINf! TO SURVEYS.

A. D.

Ottawa, to confirm the survey of certain parts 1861

Oxford, survey of part of

Oxford, West, Siuiley's survey confirmed

Peterborough, line of park lots estah'islied

Poterboi'ough, repeal of Ki Vic. cap 328

Poitland, A. B. Perry's survey ot certain concessions

confirmed

PubMc Highways and Jloads, to provide for the laying

out of

Public Lands Act .

Public Works

Ka'ilway Act

Reach, certain roads confirmed

Reach, to extend pi o visions of 25 Vic. cap. 40

Referee, especial O.L.S.)

KeKistry Act ■

Roads (ice Municipal Act)

Roads (in iiniiicoi'|»orated Townships)

Ronniey, to alter a certain side road

Roniney and Tilbury East, to alter the town line in

part between

Roes and Westmeath. allowance for road for each blank

alternate concession

Saltfleet and Binbrook, settling difhculties in

Saltfleet and Binbrook, Act amended

Sandwick, East, F. L. Foster's line of road in rear of

?rd concession confirmed

Sandwich, West, E. R. Jones's lino between 2nd and

3rd concession confirmed

Scarborough, side road confirmed and defined

Seymour, Campbell's survey confirmed, north-east of

Trent River and noith-west of Crow River

Sombra, to confirm a certain survey

Sophiasburgh, to establish survey of side lines in 2nd

conceksion ■

Smith, course of side lines established

Sunnidale, to confirm a certain survey

Surveyor (see Corporation Surveyor)

Surveyor-General

Surveys

Surveys of lands for Public Works

Surveys (of side lines) when run in original survey. . . .

Tilbury, East, to confirm certain side roads, etc

Tilbury, East, and Ronniey, to alter the town line in

part between

Torbolton, how side lines shall be run

Toronto, City, to settle the northern boundary line of

the city

Toronto Gore t<nd Etobicoke, to establish true location

iif roid allowance

Towii>eiid, re-survey of part of 13tli concession

1829
1870-11

1853
1855

A. R.

Cap.

24 Vie,

10 Geo. 4th

34 Vic.

10 Vic.
18 Vic. I

1870-1 34 \',c.

Vaughan, certain side roads coi finned in 1860

1810
1897
1897

1807

1862
18(jfi
189T

18»8
1873

1874

1831
1837

1874

1874
1862

1868-9
1894

1834
18.06

1887

1897
1807

1897
1857

1869

1874
1859

1856

1858
1826

50 (ieo. 3i(l
R S.O.
R.S.O.

R.S.O.

26 Vic.

29-,30 Vic. ;

R.S.O.

ni Vic. I

36 Vic. I

38 Vic.

I
1 Wm. 4th
7 Wm. 4th ]

37 Vic. !

37 Vic. i
25 Vic.

32 Vic.
57 Vic.

4 Wm. 4th
18 Vic.
50 Vic.

R.S.O.

R.S.O.
20 Vic.

33 Vic.

38 Vic.
22 Vic.

19-20 Vic.

22 Vic
7 Geo. 4th

23 Vic.

58
14
62

228
154

28
37

S07

l.tO

8
59

82
38

16
81

153

28. s. 6
181

37. 8. 26
73

59
15

102

LIST OF ACTS RELATIXr; TO SURVEYS

A. D.

Walpc.le and Woedhouse, line between, commissioner to
establiah

Walpole and VVoodhouso', '12 ViV. VapVioi," revived." ' ' "i
Westmeath and Ross, allowance for r.-ad for each l.lank
alt<iriiate conct ssion line

Whitby -uid East Whitby, permanent' establish ment' of
certani side hnes '

WinohcHter. to confirm present survey

Winchester, road allowances establishid" on south side i.f
concession lines

Wf.lford, to establisli boundary line j

Wolf.,rd, to make valid certain by-laws of' corporation^ I

etc.

in.

Woire Island, course of side lines

Yonge, to correct survey of 5th concession
York, roads and survey thereof

Zorra. East and West, and East Nissouri, Township
Councils may dispose of certain road allowances

1849
1850

1874

1878
1855

18J»o
1835

1870-1
1855

1830

1889

lv.57

A. R.

12 Vic.
13-14 Vic.

38 Vic.

36 Vic
18 Vic.

53 Vic.
5 Win. 4th

34 Vic.
18 Vic.

11 (Jeo. 4th
52 Vic.

20 Vic.

Cap.

101

59
155

112
21

5H
152

111