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16. Whenever any Association of not less than ten persons, each of whom has resided more than one year in this Province, shall make application to the Governor in Council, declaring their intention of becoming actual settlers under the provisions of this Chapter, each associate shall have a lot located to him in any tract set apart under the provisions of this Chapter; and each locatee, in addition to the fifteen dollars payable as provided in the fourteenth Section of this Chapter, shall be paid fifteen dollars so soon as he shall have complied with the second sub-section of Section seven of this Chapter
17. The Governor in Council is hereby authorized to ap. point any agents, and to make any regulations necessary to carry out the provisions of this Chapter.
THE COMMUTATION OF CERTAIN CROWN DEBTS. Section.
Section. 1 Labor may be done on roads for 4 Time when work to be performed certain Crown debts.
width of roads, &c. 2 Commissioners to be appointed to 5 Commissioner how to make resuperintend same.
turns; amount, allowed tow 3 Actual settlers must require bene. credited.
fit of this Chapter before certain time. 1. The Lieutenant Governor in Council may permit purchasers of Crown Lands actually residents thereon, who have improved the same, and are indehted therefor in any principal sum to the extent of fifty dollars, to work upon the public roads as near as may be to their lots in payment thereof.
2. The Lieutenant Governor in Council may appoint a Commissioner or Commissioners for any County or District therein, to superintend the performance and application of the labour.
3. Every actual settler on the lot for which he is indebted desirous ofavailing himself of the provisions of this Chapter shall signify the same before the fifteenth day of June in any year to the Commissioner of the County or District in which he resides, and deposit with him five cents on each dollar of the debt he proposes to work out, and the Commissioner
shall record his name and ascertain that he is entitled to the privileges of this Chapter before he allows him to avail himself thereof.
4. Every settler shall perform the work according to the specifications, at such time before the first day of October, and at such place conveniently near to his residence, as the Commissioner may direct; but no road shall be made of less width than sixteen feet between the ditches, and the Commissioner shall allow for the same a sum not exceeding one dollar per rod. If a bridge is required to be built, a fair price shall be paid therefor.
5. The Commissioner shall immediately after the first day of October make a return of his proceedings, certified by him, specifying the name of each settler who has worked, the number of rods of road made, the bridges built, and the rates allowed; and the amount allowed shall be credited on account of the debt. If the debt be fully paid, the grant shall forthwith issue without further charges.
LAND SURVEYORS AND THE SURVEY OF LAND.
Section. 1 Board of Examiners appointed. 10 When Board may dismiss or sus. 2 Where and when Board shall meet pend Surveyor. 3 Who shall act as Surveyor.
1 Compensation to Examiners. 4 Qualification of candidates for 12 Surveyors of Crown Lands, by
Surveyor; form of deputation. what instructions governed. 5 Applicant for examination to give 13 Chainman to be sworn to the
one month's notice to Surveyor faithful discharge of his duty. General ; fee to be paid.
14 Surveyors of private lands by 6 Applicant to give honds; oath to what instructions governed. be taken by applicant.
15 In ascertaining original lines Sur. 7 Bond to be filed in Crown Land veyor may examine witnesses on Office.
oath. 8 For testing Instruinents a true 16 Evidence taken by Surveyor to be
meridian line,&c.to be laid down sworn io and filed with Registrar 9 No survey made with condemned of County ; fees to Registrar.
Instruments to be recognized. 1. There shall be a Board of Examiners for the examination of candidates for admission to practice as Land Surveyors, and such Board shall consist of the Surveyor General, and such other competent persons not exceeding three, as shall be appointed from time to time by the Governor in Council.
2. The Board shall meet at the Office of the Surveyor General on the first Monday in each of the months of Janu: . ary, May and September in each year, and may adjourn such meeting from time to time if they deem it necessary, and special meetings may at any time be called by the Surveyor General; three members shall form a quorum, and they shall from time to time appoint a person to act as their Secretary, and keep a record of their proceedings.
3. No person shall act as a Surveyor of Land within this Province unless he has been duly authorized to practice as a Land Surveyor according to the provisions of this Chapter, or had been so authorized before the passing thereof, accord. ing to the laws and regulations then in force.
4. Before any person is admitted to practice as a Land Surveyor he shall be examined by the Board of Examiners as to his competency and the sufficiency of his instruments: The Board shall test him as to his knowledge of the following subjects—Arithmetic, Algebra, Geometry, Mensuration, Trigonometry and the use of Logarithms, Surveying and Dividing Lands, Plotting and Map Drawing, and Spherical Trigonometry and Astronomy so far as will enable him to lay down a true meridian line and ascertain the latitude; he shall also be required to submit his instruments for the approval of the Examiners, and perform such practical operations in their presence as they may require, both in regard to the use of the instruments and their adjustments : Lastly, he must produce a certificate from a competent and duly licensed Surveyor that he has had at least three months practice in actual field work: Should the examination on all the above mentioned points piove satisfactory, the Board shall certify the same, and thereupon a Deputation in the following form shall be issued by the Surveyor General :
FORM OF DEPUTATION.
, Surveyor General of this Province, to , of the County of
Gentleman : By virtue of authority in me vested by Chapter 17 of the Consolidated Statutes, of 'Land Surveyors and the Survey of Land,' I constitute and appoint you to be a Surveyor of Land, with full power to survey and ascertain the bounds and limits of lands in this Province : You are required dili
gently and faithfully to perform the duties required by the said Chapter and the General Code of Instructions, and to observe and follow all orders you may during the continu. ance of this appointment receive from me: You will also · make speedy returns to this Office of all surveys that I shall require of you. For so doing this shall be your sufficient Warrant, to continue in force during pleasure.
Given under my hand and seal at Fredericton, this. day of
in the year of our Lord one thousand eight hundred and
5. Each applicant for such examination shall give one month's notice to the Surveyor General of his intention to present himself for examination : and before being so examined he shall pay into the Fee Fund the sum of fifteen dollars as the fee due by him on such examination, and a further sum of two dollars to the Secretary of the Board for his certificate.
6. Each applicant, before receiving the above mentioned deputation shall, with two sufficient surieties to the satisfac. tion of the Surveyor General, enter into a bond, jointly and severally in the sum of one thousand dollars to Her Majesty, Her Heirs and Successors, corditioned for the due and faithful performance of the duties of his office, and shall take and subscribe the following oath before the Surveyor General, who is hereby empowered to administer the same :
"I, A. B., do solemnly swear that I will faithfully discharge the duties of a Land Surveyor agreeably to Law, without favour, affection, or partiality.-So help me God.”
7. The said bond and oath of office shall be filed and kept in the Crown Land Office, and shall enure to the benefit of any party sustaining damage by breach of the condition thereof.
8. For the purpose of testing and verifying Surveyors’ Instruments there shall be laid down and properly marked, on suitable ground at Fredericton, the exact length of a standard chain, and the direction of the true meridian ; and the Gov. ernor in Council may, whenever deemed expedient, direct a meridian line to be properly drawn and marked on the bearing between certain fixed points and objects to be so ascertained, as to enable a Surveyor thereby, to determine the variation of his instrument from the meridian in or near any City or County Town in the Province.
9. No survey made with any instrument heretofore con. demned by the Board of Examiners, shall be recognized in
the Crown Land Office ; and the Surveyor using any such · instrument shall be deprived of his license or certificate.
10. The Board of Examiners may in their discretion suspend or dismiss from the practice of his profession any Land Surveyor whom they may find guilty of gross negligence or corruption in the execution of the duties of his office; but the Board shall not suspend or dismiss such Land Surveyor without having previously summoned him to appearin order to be heard in his own defence, nor without having heard the evidence offered either in support of the complaint or in behalf of the Surveyor inculpated.
11. There shall be paid out of the Fee Fund to each member of the Board of Examiners, (except the Surveyor General,) who attends any examination, the sum of five dollars for each day's attendance.
12. The Surveyor employed to make surveys of Crown Land in the Province of New Brunswick, shall govern him. self by the surveys made under the plans and instructions issuing from the Crown Land Office, and shall keep exact and regular journals and field notes of all such surveys.
13. Every chain bearer shall, before commencing his chain. ing or measuring, take an oath or affirm to act as such justly and exactly according to the best of his judgment and abilities · and to render a true account of his chaining or measuring to the Surveyor by whom he has been appointed to such duty; and that he is absolutely disinterested in the survey in question, and is not related or allied to any of the parties in. terested in the survey within the fourth degree according to the computation of the ciril law, which oath the Surveyor employing such chain bearer is hereby authorized and required to administer; nor shall any person related or allied to any of the parties within the said degree be employed as a chain bearer on any survey.
14. All Surveyors of lands, when required to make surveys of lands other than Crown Lands, shall be governed as far as possible by the general instructions issued from time to time from the Crown Land Office,with respect to the survey of Crown Lands.
15. For better ascertaining the original limits of any lot