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accordance with the provisions of The Saskatchewan Surveys Act, and that the said field notes are correct and true to the best of my knowledge and belief.
Declared before me
J.P. or Commissioner for Oaths in and for
the Province of Saskatchewan.
An Act to provide for Special Surveys.
[Assented to January 11, 1913.]
IS Majesty by and with the advice and consent of the
1. This Act may be cited as "The Special Surveys Act."
2. In this Act, unless the context otherwise requires:
3. The attorney general may upon the request of any municipal council where the land to be affected is situate in the said municipality or upon the request of the master of titles, or at the request of two or more owners of lands affected, or if he think proper without any such request direct a special survey to be made by a Saskatchewan land surveyor approved by the master of titles of any land in such municipality or land registration district for the purpose of correcting any error or supposed error in respect of any existing survey or plan, or of plotting land not before subdivided, or of showing the divisions of land of which the divisions are not shown on any plan of subdivision; and upon every such special survey may require a plan to be prepared on the principle of a block outline survey or a complete survey, either in whole or in part:
Provided however that where any lands so affected are occupied or improved in whole or in part, the survey shall in respect of such lands be a complete survey; and in addition to the posts, marks or monuments set in such survey, there shall be established a sufficient number of durable monuments of a design and character approved of by the master of titles.
(2) Such order directing the survey to be made shall direct that the cost of the survey and other expenses and fees connected therewith shall in respect of the area of land contained in streets, lanes, parks or other reserves for public purposes be charged against the municipality where the land affected is situate within such municipality, and in respect of the lots or land shall be charged against the owners thereof in direct proportion to the respective areas contained within the limits of the survey; and the proportion of expenses and fees so charged shall, when determined, be assessed proportionately against the lots or land so affected, and shall become a lien upon such lots or land, to be collected in the same manner as other taxes.
(3) In case the land affected be situate in an unorganised district, the Lieutenant Governor in Council may order that such proportion as he may determine of such expenses and fees in respect of the area of land contained in streets, roads and lanes shall be paid out of the consolidated revenue fund.
4. Such special survey and plan shall be made under the guidance of and instructions from the master of titles. When the plan is completed it shall be filed in triplicate together with the field notes of the surveyor who prepared the said plan with the master of titles to be laid before the Lieutenant Governor in Council for approval, together with a tabulated list of occupied or improved land the boundaries of which appear as altered by the said plan of special survey. Duplicates of such plan and lists shall also be filed with the clerk of the municipality if the land is situate within a municipality or with the minister of public works if the land is in an unorganised district.
(2) The surveyor in charge of such special survey shall prepare for the use of the master of titles a clear and concise statement in tabulated form, certified and attested in the manner provided in The Land Titles Act for the attestation of instruments under that Act, setting forth the following information:
(a) A list of the lands affected with the name of each owner or owners;
(b) A statement of the costs of the special survey with a recommendation of fair and equitable distribution of such costs between the municipality and the properties affected;
(c) An estimate as to the damage or increased value to each lot or parcel affected;
(d) An estimate showing a just and equitable distribution of such award to each party or parties affected; (e) The methods adopted upon which the distribution
of the costs of special survey and the award to the
(3) The surveyors shall in addition to the statements provided for in the previous subsection prepare a general report covering the special survey dealing wi h the cost of the special survey, difficulties encountered, evidence concerning reestablishment of original and lost monuments, the system of survey employed and degree of accuracy used, the nature and cost of each and all monumen s erected and such other information bearing on the special survey as may be of service to the master of titles.
(4) The surveyor in charge of the special survey shall obtain al evidence in connection with the special survey in accordance with section 5 of The Saskatchewan Surveys Act, and such evidence shall be reduced to writing as prescribed in that Act and shall be attached to the surveyor's general report to the master of titles.
5. The master of titles may then cause to be published, as part of the costs incident to such survey, in The Saskatchewan Gazette and in any other newspaper if he may think proper to so direct, a notice setting forth that such plan of special survey and a statement of the costs incurred by such survey and in what proportion they are to be taxed against the municipality and against the lands affected thereby has been filed with the master of titles and that it is to be submitted for the approval of the Lieutenant Governor in Council, and also setting forth the object of the special survey and a day, hour and place fixed for the hearing by the master of titles, of any complaints that may be made against such special survey or plan by any person interested in the property thereby affected.
6. The master of titles with the approval of the attorney general shall have power to appoint some other person to hear such complaints or perform any of the functions required by this Act to be performed by the master of titles, and such other persons shall in all such matters have the same powers as the master of titles.
7. Any person desiring to complain against such special Procedure survey or plan shall deliver or cause to be delivered to the master of titles, by mail or otherwise, at any time prior to the day named in the advertisement for hearing such complaints a written statement setting forth the nature and grounds of his complaint.
8. The hearing of such complaints may be adjourned from time to time by the master of titles, or by some one so appointed as aforesaid acting on his behalf, and an adjournment may be
made at any time whether any of the parties interested be present or not.
9. The master of titles or such other person appointed to hear such complaint may, on such hearing, receive any evidence which he may think proper to admit, and may examine on oath any parties interested and such witnesses as appear before him, and administer such oath.
10. Any party interested may on an order from the master of titles obtain and issue out of the supreme court upon præcipe a subpœna commanding the attendance for examination of any witness and the production by such witness of any document or plan at the time and place mentioned in such subpoena; and the disobedience of any such subpoena shall be deemed a contempt of court and shall be punishable in the same manner and to the like extent as in the case of a subpoena issued out of the same court in a civil cause.
11. The same fees shall be payable for such subpoena as in cases of subpoenas issued out of the said court in civil cases and the witnesses shall be entitled to the like conduct money.
12. Upon the hearing of the complaint the master of titles is empowered to dispose of the same in such manner and to make such order as to the payment of the costs of the survey, the fees and expenses of any person appointed to act under the provisions of section 6 of this Act, and other expenses, and the hearing and adjudication of the complaints by any party interested as he shall deem just and equitable under all circumstances; and if he shall think proper so to do may order that a survey and plan be varied, altered or amended in such manner as he may direct and may then proceed to deal with such amended plan and submit the same to the Lieutenant Governor in Council for approval as if such plan had originally been filed with the master of titles.
13. Upon the hearing of the complaint the master of titles may fix the amount of compensation the complainant will be entitled to by reason of the adoption of the new survey and plan and may direct by whom such compensation shall be paid to the complainant. The compensation so fixed by the master of titles and any costs, fees or other expenses awarded under the last preceding section, shall be a debt payable by the person directed to make such compensation or pay such costs, fees, and expenses, and the amount thereof may be recovered by action in any court of competent jurisdiction.
14. Any decision, order, or direction of the master of titles given or made under the last two preceding sections, and em