Preamble. 12 V. c. 35. 14 & 15 V. c. 4. Sections 2 and Section 8 of 12 V. c. 35, repealed. An Act to amend the Acts relating to Land Surveyors. [Assented to 19th May, 1855.] WHEREAS it is expedient to amend the Act. passed in the twelfth year of Her Majesty's reign, and intituled, An Act to repeal certain Acts therein mentioned, and to make better provision, respecting the admission of Land Surveyors and the survey of Lands in this Province, and also the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, intituled, An Act to amend the Act concerning Land Surveyors, in the manner hereinafter mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. The second and fortieth sections of the Act first cited in 40, and part of the preamble to this Act, and so much of the eighth section of the said Act as provides that so much of the sum therein required to be paid by each Applicant receiving a Certificate, as shall remain after paying the expenses (if any) attending the examination of such Applicant, shall be equally divided among those Members of the proper Board of Examiners who shall have attended the Examination, and shall not be salaried Officers of the Government, shall be and is hereby repealed; and the remainder of any such sum, after paying the expenses (if any) attending the Examination, shall be paid over to the Commissioner of Crown Lands and accounted for by him in like manner with other moneys received by him, and it shall be lawful for the said Commissioner to pay to each Member of such Board attending any Examination and not being a salaried Officer of the Government, the sum of one pound five shillings for each day's attendance, and to charge the same in his account as part of the expenses of his Office. How Exami nors of Applicants for admission as Land Survey ors shall be paid. None but sons to act as Surveyors. II. No person shall, after the passing of this Act, act as a licensed per Surveyor of Lands within this Province, unless he shall be duly authorized to practise as a Land Surveyor according to the provisions of this Act, or shall have been so authorized before the passing thereof, according to the Laws then in force. Fee on trans mission of Articles to III. Each apprentice to a Licensed Surveyor shall pay a fee of ten shillings to the Secretary of the proper Board at the time of transmitting to him his Indenture or Articles, in conformity with the sixth section of the Act secondly cited in the preamble of this Act, nor shall such instrument be deemed to have been transmitted to the Secretary until such fee shall have been paid. can become IV. From and after the passing of this Act, no person shall Applicants to be admitted as an apprentice with any Provincial Land Sur- be examined veyor, unless he shall have previously passed an examination before they before one of the Boards of Examiners, or before one of the apprentices to Members of the said Board, or before some Surveyor deputed Surveyors. by the said Board for the purpose, as to his knowledge of Vulgar and Decimal Fractions, the extraction of the Square and Cube root, of Geometry, Plane Trigonometry, Mensuration of Superficies, and the use of Logarithms, and shall have obtained a Certificate of such examination and of his proficiency, from the Board, and before he shall be so examined he shall pay into the Fee Fund the sum of ten dollars as the fee due by him on such examination, and a further sum of ten shillings to the Secretary for the said Certificate; and Fees on exaapplicants for such examination previous to apprenticeship, certificate of shall give one month's notice to the Secretary of the proper qualification. Board, of their intention to present themselves for examination, and pay to such Secretary a fee of five shillings for receiving and entering such notice. mination and their appren V. No applicant for admission as a Land Surveyor claim- Applicants ing to have served previous to the passing of this Act, during having served the period prescribed by the third section of the Act first cited ticeship before in the preamble to this Act, shall be rejected for mere in- this Act, not formality in or technical objection to the "instrument in writ- to be rejected ing," under which he shall claim to have served, or to the date of the transmission or deposit thereof with the Secretary of the proper Board of Examiners, if he shall prove to the satisfaction of the Board of Examiners, that he has so served bona fide. for mere infor mality, &c. summoned as witnesses. VI. Any Surveyor who shall be summoned to attend any Allowance to Court, civil or criminal, for the purpose of giving evidence in Surveyors his professional capacity as a Surveyor, shall be allowed for each day he shall so attend, the sum of twenty shillings (in addition to his travelling expenses, if any,) to be taxed and paid in the manner by law provided with regard to the payment of witnesses attending such Court. require any VII. When any Surveyor shall be in doubt as to the true Proceedings boundary or limit of any Township, Seigniory, Concession, when a SurRange, Lot or Tract of Land which he may be employed to veyor shall survey, and shall have reason to believe that any person is information or possessed of any important information touching such boundary d cument in the possession or limit, or of any writing, plan or document tending to es- of a third tablish the true position of such boundary or limit, then if such party who will person shall not willingly appear before and be examined by not voluntarily give or prosuch Surveyor, or shall not willingly produce to him such duce the same. writing, plan or document, it shall be lawful for such Surveyor or the party employing him, to file in the office of the County Court, if the Survey be in Upper Canada, or of the Circuit Court, if the Survey be in Lower Canada, a Præcipe for a Subpana or Subpæna duces tecum, as the case may require, accompanying 21* Municipal cause the lots in any concession, &c., to be as V. c. 35. 18 VICT accompanying such application by 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 may order a Subpæna to issue accordingly, commanding such person to appear before the Surveyor, at a time and place to be mentioned in the said Subpana, and to bring with him any writing, plan or document mentioned or referred to therein; and such Subpæna shall be served on the person named therein, by delivering to him, or leaving for him with some grown person of his family at his residence, a copy thereof, and exhibiting to him or to such grown person, the original; and if the person commanded so to appear by such Subpoena, shall, after being paid his reasonable expenses, or having the same tendered to him, refuse or neglect to appear before the Surveyor at the time and place appointed in the Subpana, or to produce the writing, plan or document (if any) therein mentioned or referred to, or to give such evidence and information as he may possess touching the boundary or limit in question, such person so summoned shall be deemed guilty of a contempt of the Court out of which the Subpana shall have issued, and an Attachment may be issued against him by the Judge of the said Court, and he may be punished accordingly, by fine or imprisonment, or both, in the discretion of such Judge. VIII. Whenever the Municipal Corporation of any Township, Councils may City, Town or Incorporated Village in Upper Canada_shall boundaries of adopt a resolution on application of one half the resident Landholders to be affected thereby, 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 marked under or part of a Concession or Range in their Township, City, Sect. 31, of 12 Town or Incorporated Village, it shall and may be lawful for such Municipal Corporation to make application to the Governor, in the same manner as is provided in the thirty-first section of the Act first cited in the preamble to this Act, praying him to cause a survey of such Concession or Range or part of a Concession or Range to be made, and such boundaries to be planted, under the authority of the Commissioner of Crown Lands; and the person or persons 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 the said Concession or Range, or part of a Concession or Range, and the limits of each lot so ascertained and marked shall be taken to be and are hereby declared to be the true limits thereof, any law or usage to the contrary notwithstanding; and the cost of the said survey shall be defrayed in the manner prescribed by the thirty-first section of the Act first cited in the preamble to this Act. Expenses, how paid. Mode of drawIX. And whereas some of the double front Concessions in ing lines in double fronted the Townships in Upper Canada, are not of the full depth, and Concessions. doubts have arisen as to the manner in which the division or side lines in such Concessions should be established: Be it therefore enacted, That in such Concessions the division or side lines shall be drawn from the posts at both ends thereof, to the centre of the Concession, as provided in the thirtyseventh section of the Act first cited in the preamble to this Act, without reference to the manner in which the lots or parts of lots in such Concession shall have been described for Patent. ment cannot X. In all cases when any Land Surveyor shall be employed Case where in Upper Canada to run any side-line or limits between lots, the original and the original post or monument from which such line should post or monucommence cannot be found, he shall in every such case obtain be found, prothe best evidence that the nature of the case will admit of, vided for in respecting such side-line, post or limit; but if the same cannot U. C. be satisfactorily ascertained, then the Surveyor shall measure the true distance between the nearest undisputed posts, limits or monuments, and divide such distance into such number of lots as the same contained in the original survey, assigning to each a breadth proportionate to that intended in such original survey, as shewn on the plan and field-notes thereof, of record in the office of the Commissioner of Crown Lands of this Province; and if any portion of the line in front of the concession in which such lots are situate, or boundary of the Township in which such concession is situate, shall be obliterated or lost, then the Surveyor shall run a line between the two nearest points or places where such line can be clearly and satisfactorily ascertained, in the manner provided in this Act and in the Act first cited in the preamble to this Act, and shall plant all such intermediate posts or monuments as he may be required to plant, in the line so ascertained, having due respect to any allowance for a road or roads, common or commons, set out in such original survey; and the limits of each lot so found shall be taken to be and are hereby declared to be, the true limits thereof; any law or usage to the contrary thereof in any wise notwithstanding. and section 8 extended to Jands in of this Act, the townships of L. C. XI. The provisions contained in the thirty-first section of the Section 31 of Act first cited in the preamble to the Act, as well as those con- 12 V. c. 35, tained in the eighth section of this Act, shall extend to, and apply as well to the lands held in free and common soccage in the Townships of Lower Canada as to lands in Upper Canada, and the powers in said sections conferred upon District, Town ship, City, Town and Village Councils for carrying out the purposes of said sections in Upper Canada, shall be vested in, and exercised by Township, Parish, Town and Village Councils in Lower Canada, as the case may be, within which the lands, to which such provisions apply, may be situated; And Costs, how the expenses of any survey made under the provisions of the said paid. sections shall be paid by the Secretary-Treasurer of the Township, Parish, Town or Village Council within which such Survey is made, upon the certificate and order of the Commissioner of Crown Lands. САР. Preamble, Act 16 V. c. o L. C. CAP. L XXXIV. An Act to amend the Joint Stock Company Rivers Im- WHEREAS expedieovisions or HEREAS it is expedient to amend and to extend to Lower Canada the provisions of the Act hereinafter mentioned: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows: I. The provisions of the Act passed in the sixteenth year of 191, extended Her Majesty's Reign, and intituled, An Act to authorize the formation of Joint Stock Companies, to construct works necessary to facilitate the transmission of Timber down the Rivers and Streams in Upper Canada, shall be and are hereby extended to Lower Canada, as fully and completely as if the same had been originally made to extend to Lower Canada, save and Except Sect. except only the twentieth section of the said Act, and except also in so far as the Act is hereby amended. 20. Consent of not to be re II. Notwithstanding any thing in the third section of the Act Municipality hereinbefore named, it shall not be necessary to obtain a Byquisite to any law of any Municipal Council approving of the works, but they Company, but shall not be commenced until after the expiration of thirty days work not to from the laying of the Report or Reports therein mentioned until after 30 before the Municipal Council or Councils even although the days' notice to approval of the Commissioner of Public Works may have been signified in writing before the expiration of that period. be commenced the Council. Compensation III. Notwithstanding any thing in the nineteenth section of for property the said Act contained, when any Company formed under the taken by the Company may said Act shall require any slide, boom or other work intended be claimed to facilitate the passage of timber down any water, already either in mo- constructed by any party other than a Company formed under Stock of such any Statute of this Province, it shall be lawful for the owner of Company. ney or in such work, or (if constructed on the property of the Crown,) the person at whose cost the same shall have been constructed, to claim a compensation for the value of such works, either in money or in stock of such Company at the option of the said owner or the person at whose cost the same shall have been constructed; and all the provisions of the sixteenth section of the said Act shall apply to such work, and the proprietors or possessors thereof, in the same manner and to the same extent as to lands required for such Company and to the proprietors and occupiers thereof. |