23. (1.) Any person, not being a licensed surveyor, who--
(a.) Falsely pretends that he is a licensed surveyor; or
(b.) Takes or uses the name or title of a licensed sur-
veyor, or any name, title, addition, or description
implying that he is a licensed surveyor; or

(c.) Practises, charges, or receives a fee for work done as
a licensed surveyor; or

(d.) Certifies to the accuracy of any survey or plan pur-
porting to be a survey or plan of any authorised

survey,

shall be guilty of an offence against this Act, and liable upon conviction for every such offence to a penalty not exceeding One hundred pounds.

24. The Board may, by the secretary or any person thereunto authorised in writing under the hand of the Chairman, in the name of the Board, institute, carry on, prosecute, and defend any action, complaint, or proceeding whatsoever.

Offences.

W.A. 1895, No. 14, s. 17.

Board may sue and be sued. See 1 See Q. 1908, No. 3, s. 22.

s. 23.

25. The funds of the Board shall be applied by them towards Application of the payment of all expenses necessarily incurred in carrying this funds. Act into execution, and in doing and performing acts and things Q.1908, No. 3, which the Board are by this Act empowered or required to do or perform, and the Board may pay out of their funds any sum recovered against the Board by process of law.

26. (1.) The Board, with the approval of the Governor, may, from time to time, make regulations for all or any of the following purposes, namely:

Regulations.
See W.A. 1895,
No. 14, s. 12.
Q. 1908, No. 3,

(a.) Regulating the meetings and proceedings of the Board s. 24.
and the conduct of the business thereof; the election of
a member to perform the duties of the Chairman and
act as Deputy Chairman during the illness or absence
of the Chairman;

(b.) Prescribing the duties of the secretary and other officers
of the Board:

(c.) Regulating the manner of keeping the register, and the particulars to be entered therein;

(d.) Prescribing forms to be used for the purposes of this Act;

(e.) Determining the evidence to be produced and conditions to be fulfilled by any person applying for registration

under this Act;

(f.)

(f.) Prescribing the course of study, professional practice, conditions of service, and training and examination of persons desirous of obtaining certificates of competency entitling them to be registered as licensed sur

veyors;

(g.) Regulating the granting of certificates of competency and licenses;

(h.) Prescribing what certificates of examination will be recognised by the Board as a substitute for the examinations of the Board;

(i.) Prescribing what certificates, diplomas, memberships, degrees, licenses, letters testimonial, or other titles, status, or documents, will be recognised by the Board as qualifying persons holding them or any of them to be registered as licensed surveyors, whether immediately or after further examination or field service, or both;

(j.) Prescribing a scale of fees to be charged and paid in respect of any application, examination, registration, certificate, license, inspection, or other proceeding, act, or thing provided or required under this Act; prescribing the fees payable to examiners; and to members of the Board for attendance at meetings;

(k.) Requiring and regulating the registration in the office of the secretary of all contracts and articles of apprenticeship or pupilage under which apprentices or pupils in surveying are serving;

(1.) Regulating the conduct of proceedings in connection with charges against licensed surveyors;

(m.) For the direction and guidance of licensed surveyors in carrying out the provisions of the Acts relating to authorised surveys;

(n.) Generally for carrying into effect the objects of this Act. (2.) A regulation may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches; but no such penalty shall exceed twenty pounds.

(3.) All such regulations upon being so approved shall be published in the Government Gazette, and shall thereupon have the force of law, and shall be judicially noticed.

(4.) Any such regulation may be rescinded at any time by the Board with the approval of the Governor by notification in the Government Gazette.

27.

s. 25.

27. (1.) The production of a copy of the Government Gazette Evidence. purporting to contain any notification required to be published Q. 1908, No. 3, therein, relating to any appointment, register, registration, erasure, suspension, re-instatement, regulations, or any other matter under or for the purposes of this Act shall be received in all Courts as prima facie evidence of the facts therein published.

(2.) Every Court shall take judicial notice of the signature of the Chairman of the Board.

(3.) In any proceeding by or on behalf of the Board, it shall not be necessary to prove the appointment of the members, Chairman, or secretary.

28. On the commencement of this Act all licenses issued under voidance of section fifteen of the Transfer of Land Act, 1893, shall be void.

licenses issued under 56 Viet., No. 14, s. 15.

Amendment of

29. Section sixteen of the Transfer of Land Act, 1893, is amended by striking out the words "surveyors licensed" and in- 56 Viet., No. 14, serting in place thereof "licensed surveyors lawfully entitled."

s. 16.

30. All offences against this Act and the regulations may be Recovery of prosecuted, and all penalties recovered in a summary way under penalties. the provisions of the Justices Act, 1902.

SCHEDULES.

Section 5.

Second Schedule.

Rules for the Conduct of the Board.

1. The Chairman shall be the executive officer of the Board.

2. Every appointment and every order, notice, certificate, or other document of the Board relating to the execution of this Act shall be sufficiently authenticated if signed by the Chairman or any two members of the Board.

3. No business shall be transacted at any meeting of the Board unless at least three of the members are present when such business is transacted.

4. The Chairman shall preside at all meetings at which he is present. In the absence of the Chairman, the members present shall elect from their number a Chairman for the day.

The chairman, or, in his absence, the Chairman for the day, shall have a vote, and, when there is an equal division of votes upon any question, shall have a second or casting vote.

5. All powers vested in the Board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting.

At all meetings, save as herein otherwise provided, all members present shall vote.

If a member refuses to vote, his vote shall be counted for the negative.

6. The members present at a meeting may, from time to time, adjourn the meeting.

If a quorum is not present within half-an-hour after the time appointed for a meeting, the members present, or any one member if only one is present, or the secretary if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment:

Provided that nothing herein contained shall be construed to prevent the adjournment of any meeting to a later hour of the same day on which such meeting was appointed to be held.

7. All notices of any meeting shall be in writing, and shall be delivered or sent by post or otherwise to the address of each of the members previous to the meeting.

8.

8. If any member refuses or neglects to act or to attend any duly convened meeting of the Board, all lawful acts and proceedings of the Board shall be as valid and effectual as if they had been done or authorised by the full Board.

9. No proceedings of the Board shall be invalidated by reason of any defect in any appointment, or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number is not reduced below three.

Third Schedule.

I, A.B., do hereby solemnly and sincerely declare that I will, to the best of Section 7. my ability, and without partiality, favour, or affection, correctly survey and delineate the boundaries of any lands I may be instructed to survey.

And I make this solemn declaration by virtue of section one hundred and six of "The Evidence Act, 1906."