fix the remuneration to be paid such district surveyors and engineers. (2) A notice of the appointment of any district surveyor and engineer shall be published in the official gazette. 1901, c. 4, s. 24. obstructing 25. Any person who interrupts, hinders or molests any dis- Penalty for trict surveyor and engineer engaged in making any examina- district surveyor tion, exploration or survey in connection with any work authorised by this Ordinance shall be guilty of an offence and upon summary conviction thereof shall be liable to a penalty not exceeding $50 or to imprisonment for a term not exceeding two months or to both. 1901, c. 4, s. 25. of witnesses 26. Any district surveyor and engineer may by notice in Examination writing signed by him require the attendance before him at a time and place to be named in the notice of any person deemed necessary touching any matter upon which his attendance is required in connection with any public work; and may by the Compelling notice require such person to bring with him all papers, plans, attendance books, documents and things in his possession or under his control bearing in any way upon the matter so before him; and at the time and place appointed by the notice examine the person so notified to be present on oath touching the matter aforesaid. (2) For the time lost and expenses incurred by any person Remuneration in obedience to such notice such person shall be entitled to reasonable remuneration to be paid out of the general revenue fund by the treasurer on the certificate of the commissioner. noncompliance (3) Any person wilfully neglecting or refusing in any way Penalty for to comply with the notice of the district surveyor and engineer or to be examined as aforesaid shall be guilty of an offence and liable on summary conviction to a fine of $25 and on nonpayment of such fine forthwith after conviction to imprisonment for one month. 1901, c. 4, s. 26. SURVEYS. trails, etc. 27. The commissioner may from time to time cause surveys Surveys of to be made by a duly qualified surveyor of any old trail which existed as such prior to the subdivision of the land which it crosses into sections or any road allowance diversion or new road; and one copy of the plans of such surveys approved by the chief engineer shall be deposited in the land titles office for the land registration district within which such old trail, road allowance diversion or new road is situated and a second copy in the department. Location and width Manual of instructions Closing up roads Survey for public works Exploration for public work (2) Such old trails, road allowance diversions or new roads shall be laid out one chain (or sixty-six feet) in width; and in making the survey of any old trail the surveyor may make such changes in the location thereof as he deems necessary without however altering its main direction. (3) The commissioner may from time to time prescribe a manual of instructions for the guidance of surveyors employed in making any surveys authorized by this Ordinance; and may therein direct the manner in which such surveys shall be marked on the ground and the plans and field notes of the same prepared. 1901, c. 4, s. 27. 28. The commissioner may close up the whole or any portion of any road allowance or other public road and may deal with the land in any such road allowance or other public road as may seem expedient. (2) All documents necessary to transfer the title to the portion of any road allowance or other public trail which has been closed as herein provided shall be signed by the commissioner. 1901, c. 4, s. 28. 29. The commissioner may cause to be made by a duly qualified surveyor the survey of any area required for any public building, dam, reservoir, ditch, drain or any other public work. 1901, c. 4, s. 29. 30. The commissioner may from time to time cause to be made by a duly qualified surveyor or engineer any exploration or investigation needed in connection with the examination of any portion of the Territories to determine the feasibility and cost of any proposed public work. 1901, c. 4, s. 30. [ss. 31 to 46, both inclusive, Repealed] 1903, 1st session, c. 6, s. 35. LANDS REQUIRED FOR PUBLIC WORKS. Expropriation of lands for public works Survey and plan 47. The commissioner may by surveyors, engineers, foremen, agents, workmen and servants enter upon and take possession of any lands in whomsoever vested required for any public works. 1901, c. 4, s. 47. 48. Lands taken for any public work shall be surveyed and marked on the ground by a duly qualified surveyor who shall prepare a proper plan of the same. [(2) Every person who interrupts, hinders or molests any person while engaged under the authority of the commissioner in removing any obstruction, making an examination for or in construction, maintaining or repairing any public work or any works connected therewith on any land after the survey thereof has been approved by the commissioner shall be guilty of an offence and upon summary conviction thereof liable to a penalty not exceeding $50.00 and costs or to imprisonment for a period not exceeding thirty days or to both.] 1901, c. 4, s. 48; 1904, c. 2, s. 1. approved by 49. The plans of any lands required for any public work Plan to be shall be examined and approved by the chief engineer; and chief engineer one copy thereof shall thereupon be filed in the department. 1901, c. 4, s. 49. judge for 50. The commissioner may thereupon apply ex parte to a Application to judge of the supreme court for an order vesting in His Majesty vesting order every estate and interest in the lands shown on the plan in the next preceding section mentioned; and the judge shall upon the production to him of a copy of the said plan certified by the commissioner or chief engineer and a certificate of the commissioner stating that the said lands are required for the purposes of this Ordinance make the said order which shall have the effect of divesting all persons other than His Majesty of any interest in the said land. 1901, c. 4, s. 50. compensation 51. Upon the filing in the department of the plan of any Notice of land taken for any public work as hereinbefore provided the commissioner shall except in cases hereinafter provided for cause to be served by ordinary process of mail upon all persons shown by the records of the land titles office to be interested in the lands so taken a notice setting forth the compensation which he is ready to pay for the lands so taken: Provided that when compensation is claimed by two or more persons who are unable to agree as to a division thereof the commissioner may pay the same to the clerk of the supreme court nearest to the land affected to be paid out to the parties interested in such proportions as may be ordered by a judge of the supreme court on application therefor. 1901, c. 4, s. 51. increased 52. If any person entitled to compensation for lands taken Claim for for any public work is dissatisfied with the amount offered compensation therefor as herein provided he shall within one month from the date of the notice provided in the next preceding section notify the commissioner in writing of such dissatisfaction and shall in such notice state the amount he claims as compensation for the lands so taken together with a full statement of the facts in support of his claim. 1901, c. 4, s. 52. [53. The commissioner shall consider such claim for creased compensation and shall notify the claimant of his cision in respect thereto by registered letter. Opening of road on petition and payment of expenses (2) Such claimant if dissatisfied with the decision of the commissioner may within sixty days after being notified of the decision of the commissioner give notice in writing to the commissioner which may be by registered letter that he will submit the claim to arbitration and the said claim shall thereupon be submitted to arbitration and such arbitration shall be to two arbitrators under the provisions of The Arbitration Ordinance. (3) If the claimant does not so notify the commissioner and make the deposit as in the next following subsection required within the said period of sixty days as in the next preceding subsection provided he shall be deemed to have accepted the commissioner's decision and shall not thereafter be at liberty to question it. (4) The claimant shall with the notice of submission to arbitration deposit with the commissioner as curity for the costs of the arbitration a sum equal to ten per cent. of the amount claimed by him but not in any event less than $25. (5) All costs and expenses of the arbitration sha be paid by the claimant unless the arbitrators shall award him a sum at least ten per cent. greater than the amount fixed by the commissioner by his final decision and the commissioner shall be entitled to deduct his costs and expenses of the arbitration out of the moneys deposited by the claimants and the surplus, if any, shall be returned to the claimant. (6) In the event of the claimant not being required to pay the commissioner's costs of the arbitration the full amount deposited by him shall be returned to him. (7) The only costs allowable upon any arbitration under this section shall be arbitrators and witness fees. (8) In estimating the amount to which the claimant is entitled the arbitrators shall consider, and find separately as to, the value of the land taken and of all improvements thereon the damage, if any, to the remaining property of the claimant and the original cost only of any extra fencing which may be necessary by reason of the taking of the land and if the value of the remaining property of the claimant is increased by reason of the construction of the public work through his property the increase of value shall be deducted from the amount so estimated and found and the balance, if any, shall be the amount awarded to the claimant.] 1903, 2nd session, c. 3, s. 3. [53a. If any one or more persons petition the commissioner for the opening of a road through any land and the commissioner is of opinion that such oad may be reasonably opened for the convenience and benefit of such person or persons as : aforesaid but that such road is not required in the interests of the public generally the commissioner may require the said person or persons to deposit with the territorial treasurer such sum as he considers sufficient to cover the cost of opening the road and paying compensation in connection therewith and if the said road or any road which in the opinion of the commissioner will be of equal or nearly equal convenience and benefit to such person or persons as aforesaid is thereafter opened the sum so deposited or so much thereof as may be necessary may be applied towards paying the expenses of opening the road and paying compensation in connection therewith and any balance which remains shall be repaid to such person or persons as aforesaid.] 1903, 2nd session, c. 3, s. 4. OFFICIAL VALUATORS. ators 54. The Lieutenant Governor in Council may appoint one Official valuor more competent persons as official valuators and may define the duties of such officers and fix the remuneration to be paid them for their services. 1901, c. 4, s. 54. 55. The commissioner may employ any official valuator to Inspection and inspect and report regarding the value of any lands taken for report public works and may empower such valuator to make an offer of compensation to the owner of the land so taken and such offer shall have the same force and effect as if made by the commissioner under the provisions of section 51 of this Ordinance. 1901, c. 4, s. 55. resistance to commissioner 56. If any resistance or opposition is made by any person Suppression of to the taking by the commissioner or any person authorized by him of lands for public works as provided by this Ordinance a judge of the supreme court of the Territories may on proof of the proper taking of such lands as herein provided issue his warrant to the sheriff of the judicial district within which such lands are situated directing him to put down such resistance or opposition and to put the commissioner or some person acting for him in possession of such lands; and the sheriff shall take with him sufficient assistance for such purpose and shall put down such resistance or opposition and shall put the commissioner or the person acting for him in possession thereof; and shall forthwith make a return to the supreme court of such warrant and of the manner in which he executed the same. 1901, c. 4, s. 56. 57. The provisions of sections 47 to 56 inclusive of Ordinance in so far as they are applicable shall apply to cases of the taking of lands for public works proceedings |