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8. "Undisputed point" means a point of any original survey whose position is undisputed or can be satisfactorily established.
3. Every Saskatchewan land surveyor practising in this Standard province shall under penalty of forfeiting his commission procure and cause to be examined, corrected and stamped or otherwise certified by the Minister of Public Works a standard measure of length as defined by The Weights and Measures Act for the Dominion of Canada or by any Act passed hereafter by the Legislature of Saskatchewan defining such a standard, and every such surveyor shall previously to using a chain for surveying verify by such standard the length of such chain.
to take oath
4. Every Saskatchewan land surveyor shall require that any Chain bearers chain bearer employed by him shall before he commences his chaining or measuring take an oath or affirmation before him that he will discharge such duty with exactness according to the best of his judgment and ability and render a true account of his chainage or measuring to the surveyor by whom he has been appointed to such duty.
5. Every Saskatchewan land surveyor acting in that capacity may examine witnesses on oath with respect to all matters relating to settlement, occupation or possession of lands in Saskatchewan and to the survey of lands and for better ascertaining the original corner or limits of any township, section or other legal subdivision, lot or tract of land and may administer such oath or oaths to every person whom he examines in relation to such matters.
(2) Whenever any Saskatchewan land surveyor is in doubt as to the true corner, boundary or limit of any township, section, lot or tract of land which he is employed to survey and has reason to believe that any person is possessed of any important information touching such corner, boundary or limit or of any writing, plan or document tending to establish the true position of such corner, boundary or limit and if such person does not willingly appear before and submit to being examined by such surveyor or does not willingly produce to him such writing, plan or document such surveyor may apply to any justice of the peace for a subpœna ad testificandum or a subpoena duces tecum as the case requires accompanying such application by an affidavit or solemn declaration made before such justice of the peace of the facts on which the application
is founded; and such justice may issue a subpoena accordingly commanding such person to appear before the surveyor at a time and place mentioned in the subpoena and if the case requires it to bring with him any writing, plan or document mentioned or referred to therein.
(3) Such subpoena shall be served on the person named therein by delivering a copy thereof to him or by leaving the same for him with some adult person of his family at his residence exhibiting to him or such adult person the original.
(4) If the person required in such subpoena to appear after being paid his reasonable expenses or having the same tendered to him refuses or neglects to appear before the surveyor at the time and place appointed in the subpoena or to produce the writing, plan or document, if any, there mentioned or referred to or to give such evidence and info:mation as he possesses touching the boundary or limit in question a warrant by the justice for the arrest of such person may be issued and he shall be liable on summary conviction to a penalty not exceeding $100 or to imprisonment for a term not exceeding ninety days or to both.
(5) All evidence taken by a Saskatchewan land surveyor as aforesaid shall be reduced to writing and shall be read over to the person giving the same and shall be signed by such person or if he cannot write he shall acknowledge the same as correct before two witnesses who shall sign the same as shall also the Saskatchewan land surveyor; and such evidence and any document or plan prepared and sworn to as correct before a justice of the peace by any Saskatchewan land surveyor with reference to any survey by him performed may be filed and kept at the land titles office for the land registration district in which the lands to which the same relate are situate subject to be produced thereafter in evidence in court.
RIGHTS OF SURVEYORS.
6. Any Saskatchewan land surveyor when engaged in the performance of his duties as such may pass over, measure along and ascertain the bearings of any township or section line or other governing line and for such purposes may pass over the lands of any person whomsoever doing no actual damage to the property of such person.
(2) Every person who interrupts, molests or hinders any Saskatchewan land surveyor while in the discharge of his duty as a surveyor shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $20 or to imprisonment for a term not exceeding two months or to both.
SURVEYORS TO REPORT ERRORS.
7. Surveyors will be expected to disclose and report to the director of surveys or chief surveyor of the land titles offices, as the case may require, all irregularities, discrepancies and errors affecting the property being surveyed or subdivided and such other information regarding the same as may be required by the officers above named.
8. Every person who knowingly or wilfully defaces, alters or removes any mound or landmark, post or monument heretofore or hereafter placed by any Saskatchewan or Dominion land surveyor to mark any limit, boundary or angle of any township, section or other legal subdivision, lot or parcel of land in Saskatchewan shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $100 or to imprisonment for a term not exceeding three months or to both.
(2) Every person who not being a Saskatchewan land surveyor knowingly or wilfully has in his custody or possession for any other than a lawful purpose in connection with a survey of lands in the province any such post or monument or any post post or monument intended apparently intended to be us d for the purpose of such survey or to mark any such limit, boundary or angle shall be guilty of an offence and liable on summary conviction to a penalty not exceeding $100 or to a term of imprisonment not exceeding six months or to both fine and imprisonment.
(3) Nothing in this Act contained shall extend to prevent Saskatchewan land surveyors in their operations from taking up posts or other boundary marks when necessary, after which they shall carefully replace them as they were before.
9. All surveys made under this Act must be made in person on the ground by the surveyor certifying to the correctness thereof, and a certificate in the form A in the schedule to this
Act attached to any plan of a survey shall mean that the survey represented by such plan has been actually carried out by the surveyor making the same, under his personal supervision and direction on the ground, in such manner that he is certain of its correct execution, that the survey has been fully rosted and completed on the ground and that the system of survey employed has been in all respects in accordance with all the provisions of this Act, but it shall not be necessary for him to have actually performed personally all the necessary operations to give effect to such survey.
10. Every surveyor shall keep exact and regular field notes of all surveys made by him; and such field notes shall show the date on which the survey was made, the astronomic bearing or angular measurement of each line with some other line of the survey, the lineal measurements taken on each line, the nature, markings and location of each post planted by him and the nature of, and marking on, all original monuments found by him upon the ground, or, in default of such monuments being found, the information or evidence as to original boundaries taken as a basis for the survey, together with all important topographical features of the land surveyed; also the names of the owners affected by the survey or surveys; every surveyor shall furnish a copy of such field notes certified in form B in the schedule of this Act to the director of surveys or chief surveyor upon demand and without charge in all cases where the officers above named require such information as evidence or for the purposes of dealing with any surveys or plans of same effectually; to all other parties concerned who may require copies of field notes surveyors may charge for such copies at the rate of $2 for each hour required to make same and $2 for any copy which may be made in less time than one hour.
SYSTEM OF SURVEY.
11. All surveys shall be referred to the local astronomical meridian as defined and established on the ground plans of which have been approved and are on record, namely, township outlines and township subdivision lines; in all other cases astronomical observation shall be made to determine the true local astronomical meridian; the use of the compass in making surveys is forbidden, but it may be used as a check against clerical errors on long traverse surveys, sketching and work of a like nature.
(2) Whenever a surveyor is employed to re-establish the position of any line surveyed under the provisions of The Dominion Land Surveys Act or to survey dividing lines between any subdivisions authorised by the said Act, smaller than those originally laid out, he shall proceed according to the provisions of the said Act, or of any Act passed in amendment or substitution therefor in force at the time of such survey.
(3) All surveyors shall erect except as hereinafter otherwise specially provided, at all corners or angles of any survey, iron posts as herein defined and they shall be driven into the ground to within 2 inches of the top; wooden posts two inches square, thirty inches long may be used on surveys of a temporary nature except as hereinafter specially provided.
12. In all cases where a corner of any surveyed parcel of land falls within a marsh, lake, river, stream or other place where it is impossible to plant a post, such corner shall be referenced by planting an iron post as herein defined on each of the boundaries of the surveyed parcel which intersect at the said corner and the distances to the corner shall be marked on the posts together with such other information as to clearly establish such corner beyond dispute, and in any case where it is evident that the markings on said iron posts are incorrect the intersection of said boundaries of the surveyed parcel shall govern; in addition to the above in all cases where the corner falls within a marsh and the water does not exceed two feet in depth a wooden post not less than three inches in diameter and with squared top and of such a length that it can be firmly driven into the ground and be exposed above the water a sufficient distance to show the markings on same clearly, shall be planted, and the marking on the post shall be of such a nature as to clearly indicate the corner of the parcel it is intended to mark.
REPOSTING LOST CORNERS.
13. In all cases where original monuments have been lost beyond dispute the original positions of which must be determined in order to make the survey, the surveyor making the survey shall re-establish such points by iron posts as herein defined even though he may not actually require to tie in his survey to same. In case of original section mounds when the post is lost, the surveyor shall plant an iron post as herein defined marked "14" for quarter section mounds, and section township range for section corners. The marking and planting of such posts shall be in accordance with the manual of instructions for the survey of Dominion lands issued by the department of the interior, Ottawa, 1910.
14. Whenever a surveyor is employed to make a subdivision survey he shall first re-establish and plant iron posts as herein defined at all corners where the posts marking same have been lost or destroyed and carefully survey such part of the original outlines of any section, quarter section, settlement, lot or other surveyed parcel of land necessary to properly establish the boundaries of the land to be subdivided, and shall then establish the block corners on the outlines of the land to be subdivided, or if it is intended that there be no block corners on the said outline he shall establish those block corners adjacent thereto