85. Each of the members in attendance at the said Board Allowances to during examinations and the Secretary shall receive five dollars Members of Board of for each day's sitting, and the actual travelling and living expenses Examiners, incurred by such member, and consequent upon such attendance; and the Secretary of State is hereby authorized and required to pay such sums: Provided, that no member of the Board, if at the time Proviso. of the meeting, he be over one hundred miles distant from the place of meeting, shall receive any allowance for being present at such meeting, unless such member shall have been previously specially notified to attend the same by the Secretary.

examine candidate on oath.

86. The Board may examine any candidate on oath (which Board may oath may be administered by any one of the Examiners) as to his actual practice in the field, and with regard to his instruments.

receive com

give scurity

87. Each person passing the Examination prescribed by this Successful Act shall receive a commission from the Board in accordance with candidates to form E in the schedule to this Act, and each applicant after missions, and receiving such commission shall, jointly and severally with two and take oath sufficient sureties to the satisfaction of the Board, enter into a of office. bond in the sum of one thousand dollars, to Her Majesty, Her Heirs and Successors, conditioned for the due and faithful performance of the duties of his office, and shall take and subscribe the oath of allegiance, and the following oath, before the Board of Examiners, any one of whom is hereby empowered to administer the same :

« I, do' solemnly swear (or affirm, as the case may be) that I will faithfully discharge the duties of a Deputy Surveyor of Dominion lands according to law, without favor, affection or partiality. So help me God."

1. Until the above formalities shall have been gone through the said commission of Deputy Surveyor shall have no effect. 2. The said oaths of allegiance and of office shall be deposited in the Dominion Lands Office.

3. The said bond shall be deposited and kept in the manner prescribed by law with regard to the bonds given for the like purposes by other public oflicers of the Dominion, and shall be subject to the same provisions, and shall enure to the benefit of any party sustaining damage by breach of any condition thereof; and the commission shall be registered in the office of the Registrar General of the Dominion.

dismiss negli

veyor.

88. The said Board may, in their discretion, suspend or dismiss Board may from the practice of his profession any Deputy Surveyor whom suspend or they may find guilty of gross negligence or corruption in the gent or corrupt execution of the duties of his office; but the Board shall not Deputy Sursuspend or dismiss such Deputy Surveyor without having previously summoned him to appear in order to be heard in his defence, nor without having heard the evidence offered either in support of the complaint, or on behalf of the Deputy Surveyor inculpated.

64

STANDARD

Standard of the English measure of length and

STANDARD CF MEASURE.

89. The measure of length used in the surveys of Dominion lands, shall be the English measure of length, and every Deputy Surveyor shall be in possession of a subsidiary standard thereof, copies thereof which subsidiary standard tested and stamped as correct by the to be procured by Deputy Department of Inland Revenue, shall be furnished him by the Surveyors. said Department, on payment of a fee of three dollars therefor; and all Deputy Surveyors shall from time to time regulate and verify by such standard the length of their chains and other instruments for measuring.

Cases where the original mound, post

or monument cannot be found, prcvided for.

HOW TO RENEW LOST CORNERS AND OBLITERATED LINES.

90. In all cases when any Deputy Surveyor is employed to run any dividing line or limit between sections, or other legal subdivisions, or wood lots, and the mound, post or monument, erected, marked or planted in the original survey to define the corner of such section, or other legal subdivisions, or wood lot, cannot be found, he shall obtain the best evidence that the nature of the case may admit of respecting such corner mound, post or monument; but if the same cannot be satisfactorily ascertained, then he shall measure the true distance between the nearest undisputed corner mounds, posts or monuments and divide such distance into such number of sections or other legal subdivisions, or wood lots, (as the case may be) as the same contained in the original survey, giving to each a breadth proportionate to that intended in such original survey, as shewn on the plan and field notes thereof of record in the Dominion Lands Office; and if any portion of the township or section line (as the case may be) on which such corner mound, post or monument was or should have been planted in the original survey, should be obliterated and lost, then the Deputy Surveyor shall renew such township or section line (as the case may be) and shall draw and define the same on the ground, in such manner as to leave each and every of the adjoining sections or other legal sub divisions, (as the case may be) of a width and depth proportionate to that severally returned for such section or legal subdivision in the original survey, and shall erect, plant or place such inter mediate mounds, posts or monuments as he may be required to erect, plant or place, in the line so ascertained, having due respec to any allowance for a road or roads, and the corner, or division or limit so found shall be the true corner, or division, or limit o such section or other legal subdivision or wood lot.

Method of proceeding to

HOW LEGAL SUBDIVISIONS ARE TO BE SURVEYED AND LAID OU

91. In all cases when a Deputy Surveyor is employed to le be adopted by out a given half section or quarter section, he shall effect the sam Deputy Sur by connecting the opposite original quarter section corners (shoul

veyor em

th

half-section or

the same be existing, or if the same be not existing, by connecting ployed to lay the several points in lieu thereof found in accordance with the out a given preceding clause) by straight lines; and in laying out other and quarterminor legal subdivisions, in any quarter section, or any wood lot, section. he shall give such legal subdivision or wood lot, as the case may be, its proportionate share of the frontage and interior breadth of such quarter section, and connect the points so found, by a straight line; and the lines or limits so drawn as above on the ground, shall in the respective cases be the true lines or limits of such halfsection or quarter section or other legal subdivision, or wood lot, whether the same shall or shall not correspond with the area expressed in the respective patents for such lands.

TO DRAW DIVISION LINES IN FRACTIONAL SECTIONS.

to be drawn

92. The dividing lines or limits between legal subdivisions or Dividing lines wood lots in fractional sections shall be drawn from the original from origina! corners (or the points representing such corners, as defined on corners. the ground in accordance with the provisions of this Act,) in the section line intended as the front of such subdivision or wood lot, at right angles to such section line.

ORIGINAL BOUNDARY LINES.

placed under

in Council to

93. All boundary lines of townships, sections, or legal subdivi- Boundaries sions, towns, or villages, and all boundary lines of blocks, gores the authorit and commons, all section lines and governing points, all limits of of this Act, or lots surveyed, and all mounds, posts or monuments, run and of any Order marked, erected, placed or planted at the angles of any townships, be deemed the towns, villages, sections or other legal subdivisions, blocks, gores, true ones, &c. commons and lots or parcels of land, under the authority of this Act or of any order of the Governor in Council, shall be the true and unalterable boundaries of such townships, towns and villages, sections or other legal subdivisions, blocks, gores,. commons and lots or parcels of land respectively, whether the same upon admeasurement be, or be not found to contain the exact area or dimensions mentioned or expressed in any patent, grant or other instrument in respect of any such township, town, village, section or other legal subdivision, block, gore, common, lot or parcel of land.

their boun

94. Every township, section or other legal subdivision, town, Townships &c. village, block, gore, common, lot or parcel of land, shall consist of the space into comprise all the whole width included between the several mounds, posts, mo- cluded within numents or boundaries respectively so erected, marked, placed or daries. planted as aforesaid, at the several angles thereof, and no more or less, any quantity or measure expressed in the original grant or patent thereof notwithstanding.

95. Every patent, grant or instrument purporting to be for any As to aliquot aliquot part of any section, or other legal sub-division, block, gore, ships, &c.

common,

parts of town

Road allowances in

be public highways.

common, lot or parcel of land, shall be construed to be a grant of such aliquot part of the quantity the same may contain on the ground, whether such quantity be more or less than that expressed in such patent, grant or instrument.

96. In every town and village in Manitoba, or the North-West towns, &c., to Territories, which may be surveyed and laid out under the provisions of this Act, all allowances for any road, street, lane, lot or common, laid out in the original survey of such town or village, shall be public highways and commons; and all mounds, posts or monuments, placed or planted in the original survey of such town or village, to designate or define any allowance for a road, street, lane, lot or common, shall be the true and unalterable boundaries of such road, street, lane, lot or common; and all Deputy Surveyors, employed to make surveys in such town or village, shall follow and pursue the same rules and regulations in respect of such surveys, as are by law required of them when employed to make surveys in townships.

Deputy

Surveyors may

97. For better ascertaining the original corner or limits of any examine wit township, section or other legal subdivision, lot or tract of land, nesses on oath. every Deputy Surveyor of Dominion lands acting in that capacity, may administer an oath or oaths to each and every person whom he may examine concerning any corner mound, post, monument or other boundary, or any original land mark, line, limit or angle, of any township, section or other legal subdivision, lot or tract of land which such Deputy Surveyor is employed to survey.

Course to be adopted by Deputy Surveyors to ascertain boundaries

EVIDENCE BEFORE SURVEYORS.

98. When any Deputy 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 touchwhen doubtful, ing such corner, boundary or limit, or of any writing, plan or document tending to establish the true position of such corner, boundary or limit, then if such person does not willingly appear before, and be examined by such Deputy Surveyor, or does not willingly produce to him such writing, plan or document, such Deputy Surveyor may apply to any Justice of the Peace for an ordinary Subpana as witness, or a Subpana duces tecum, as the case may require, accompanying such application by an affidavit or solemn declaration to be 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 Deputy Surveyor at a time and place to be mentioned in the Subpana, and (if the case require it) to bring with him any writing, plan or document mentioned or referred to therein.

Subpoenas may be issued.

How subpœnas

1. Such Subpoena shall be served on the person named therein may be served. by delivering a copy thereof to him or by leaving the same for him

with some grown person of his family at his residence, exhibiting to him or such grown person the original.

of disobeying

2. If the person commanded to appear by such Subpoena after Consequence being paid his reasonable expenses, or having the same tendered to subpena. him, refuses or neglects to appear before the Surveyor at the place and time appointed in the Subpoena, or to produce the writing, plan or document (if any) therein mentioned or referred to, or to give such evidence and information as he may possess touching the boundary or limit in question, a warrant by the Justice for the arrest of such person may be issued, and he may be punished accordingly by fine not exceeding one hundred dollars, or imprisonment not exceeding ninety days, or both, in the discretion of such Justice.

taken by

writing and

99. All evidence taken by any Deputy Surveyor as aforesaid Evidence shall be reduced to writing and shall be read over to the person Deputy Sugiving the same, and be signed by such person, or if he cannot veyors to be write, he shall acknowledge the same as correct before two wit- reduced to nesses, who shall sign the same, as also the Deputy Surveyor, and signed, &c. such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Deputy Surveyor, with reference to any survey by him performed, may be filed and kept at the Registry Office of the place in which the lands to which the same relates are situate, subject to be produced thereafter in evidence in Court.

pass over

100. Any Deputy Surveyor when engaged in the performance When Deputy of his duties as such, may pass over, measure along, and ascertain Surveyors may the bearings of any township or section line, or other Government private lands. line, and for such purposes may pass over the lands of any person whomsoever, doing no actual damage to the property of such person.

PROTECTION TO SURVEYORS.

discharge of

101. If any person in any part of the Dominion lands inter- Penalty for molesting a rupts, molests or hinders any Deputy Surveyor, while in the dis- Deputy Surcharge of his duty as a Deputy Surveyor, such person shall be veyor in the guilty of a misdemeanor, and being thereof lawfully convicted in his duty. any Court of competent jurisdiction, shall be punished either by fine or imprisonment, or both, in the discretion of such Court, such imprisonment being for a period not exceeding two months, and such fine not exceeding twenty dollars, without prejudice to any civil remedy which such Deputy Surveyor or any other party may have against such offender for damages occasioned by such offence.

102. If any person knowingly and wilfully pulls down, de- Penalty for faces, alters, or removes any mound, post or monument erected, original or pulling down planted or placed in any original survey under the provisions of other land this Act, or under the authority of any Order in Council, such marks placed by Surveyor. person shall be deemed guilty of felony; and if any person knowingly and wilfully defaces, alters or removes any other mound or land mark, post or monument placed by any Deputy Surveyor to

mark