registration upon certain terms.

In suits as to valid- 4. Where in any suit pending in the Supreme Court a question is ity of registered raised as to the validity of any mortgage, lien, judgment, or any other charge Judge may order cancellation of charge, or any agreement affecting real property, and which mortgage, lien, judgment, charge or agreement shall be registered or recorded as affecting any real property, or where in any suit pending as aforesaid a question shall be raised as to any money owing upon or rights concerning any such mortgage, lien, judgment, charge or agreement, it shall be lawful for a Judge, if in his opinion the question raised shail be sufficiently material for the application of the provisions of this section, and upon affidavit or other proof of the bonâ fides of the question raised, to order the cancellation of the registration of any such mortgage, lien, judgment, charge, or agreement, upon the bringing into Court by the person claiming relief of such sum of money as the Court may see fit to order, and upon such other terms as to security and otherwise as the Judge may see fit to impose:

Proviso.

Service of office copy

of such order on

Provided, always, that no order shall be made for the cancellation of the registration of any mortgage, except upon payment into Court of the full amount which the mortgagee, or person entitled to such mortgage, shall state upon affidavit to be due thereon, unless under special circumstances to be established to the satisfaction of a Judge.

5. The service upon the Registrar of an office copy of any order of the Registrar sufficient Supreme Court, or a Judge thereof, made under the preceding section shall without more be sufficient authority for him to act in compliance therewith.

authority.

Appeal.

Repeals sec. 56.

New clause substituted;

6. Provided, however, that any person who may think himself aggrieved by any order made under this Act, may appeal therefrom in the same manner as in other cases arising in a suit in the Supreme Court of British Columbia.

7. Section 56 of the "Land Registry Act" is hereby repealed, and the following section is substituted in lieu thereof:

"56. Whenever any property shall have been devised or bequeathed by will or codicil, and the person claiming title thereto through or Application for regis under the testamentary disposition shall apply for registration of the tration by person claiming under will testamentary disposition, or of any instrument affecting the property not to be deemed executed subsequent to the decease of the testator, the application for made before probate produced. registration shall not be deemed to have been made until the testamentary disposition shall have been proved by the production of probate or letters of administration with the will annexed, or an exemplification thereof under the seal of any Court of competent jurisdiction in this Province, or of any Court in Great Britain and Ireland, or in any British Province, Colony, or possession having jurisdiction in probate." The provisions of this section shall be retroactive, but nothing herein contained shall invalidate any registration already effected under the provisions of the section hereby repealed.

fee to two persons

8. Where, by any letters patent, conveyance, assurance, or will, Grant or devise of made and executed after the passing of this Act, land has been or is (other than trustees granted, conveyed, or devised to two or more persons, other than or execators) to create tenancy in comexecutors or trustees, in fee simple, or for any less estate, it shall be mon, unless contrary intention appears. considered that such persons took or take as tenants in common, and not as joint tenants, unless an intention sufficiently appears on the face of such letters patent, conveyance, assurance, or will that they are to take as joint tenants.

9. Notwithstanding the provisions of any statute, or any rule of Charge or transfer of registered land need law, any charge or transfer of land registered under the "Land not be under seal. Registry Act," except in the case of bodies corporate, may be duly made under a charge or transfer without seal.

10. This Act may be cited as the "Land Registry Act Amendment Short title. Act, 1891."

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty

H'

CHAPTER 17.

[20th April, 1891.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as

follows:

1. The term "Surveyor-General," whenever it occurs in this Act, "Surveyor-Gener shall mean the person holding the office for the time being.

al."

act as

2. No person shall act as a Surveyor of Lands within this Province Who may Land Surveyor. unless he has been duly authorized to practise as a Land Surveyor according to the provisions of this Act, or had been so authorized before the passing thereof, according to the laws then in force, and any person who shall practise as a Land Surveyor without having been so authorized shall be liable to a penalty not exceeding the sum of fifty dollars. Persons so authorized shall be styled "Provincial Penalty. Land Surveyors of the Province of British Columbia :"

(a.) Provided, however, that nothing in this Act shall be construed Proviso
to prevent any properly qualified Civil Engineer, holding
undoubted credentials as such from any British or Canadian
University or chartered Institute of Engineers, from making
such surveys as may be incidental to works of construction upon
which he may be employed, and plans of such surveys prepared
and certified by him shall be authoritative, and admissible when
necessary to public record; such Civil Engineer shall, however,
present such credentials to the Board of Examiners and furnish
proof to them that he is possessed of a proper knowledge of the
Provincial system of surveys, as provided by the "Land Act,"
before being entitled to practise as a Provincial Land Surveyor.

Board of Examiners.

3. There shall be a Board of Examiners for the examination of Board of Examiners. candidates for admission to practise as Land Surveyors in the Province

of British Columbia; such Board shall consist of the Surveyor-General

Oath of office.

Secretary of board.

Qualification for admission of articled

ation.

and five other Provincial Land Surveyors to be appointed from time to time by the Lieutenant-Governor in Council, and to meet at the office of the Chief Commissioner of Lands and Works, on the first Wednesday in each of the months of April and October in every year, unless such Wednesday be a holiday, in which case they shall meet on the next ensuing day not being a holiday, and may adjourn such meeting from time to time as they deem it necessary.

4. Each member of the said Board shall take an oath of office according to Form A in the Schedule to this Act, to be administered by a Judge of the Supreme Court or a Judge of the County Court, and three of such members shall form a quorum.

5. The said Board, or a majority thereof, shall from time to time appoint a fit and proper person to be Secretary of such Board, who shall attend the sittings thereof and keep a record of its proceedings. Articled Pupils.

6. No person shall be admitted to be an articled pupil to a Propupils and examin- vincial Land Surveyor unless he has previously passed an examination before the Board of Examiners, or before some Provincial Land Surveyor deputed for the purpose, as to his penmanship and orthography, and also as to his knowledge of arithmetic, algebra, as far as quadratic equations (Todhunter), the first four books of Euclid, plane trigonometry, and the use of logarithms, and has obtained a certificate of such examination and his proficiency from such Board or Provincial Land Surveyor

Notice to be given by applicants.

Examination fees.

Qualification for ad

7. Candidates for such examination as pupils previous to being articled, shall give one month's notice in writing to the Secretary of the Board of their intention to present themselves for examination, and shall pay to the Secretary of the Board for receiving and entering such notice the fee hereinafter prescribed.

8. Before being so examined, and upon the issuance of certificates, candidates shall pay to the Secretary of the Board the respective fees hereinafter prescribed.

Qualification for Admission to Practise.

9. No pupil, except as hereinafter provided, shall be entitled to mission to practice. be examined for admission as Provincial Land Surveyor unless he has previously served regularly and faithfully for and during the period of three successive years under articles in writing, in the Form B in the Schedule to this Act, duly executed before two witnesses, as pupil of a Provincial Land Surveyor, and unless he produces such evidence of regular and faithful service as the Board requires, and such three years' service shall include at least twelve months' actual practice in the field, and he shall produce satis