Recital. for road or streets lages laid out by private parties. U.C. the line so ascertained, having due respect to any allowance for a road or roads, common or commons, set out in such original survey; and the limits of each lot so found shall be taken to be and are hereby declared to be, the true limits thereof; any law or usage to the contrary thereof in any wise notwithstanding. XLI. And whereas many Towns and Villages in Upper Canada have been surveyed and laid out by companies and individuals, and by different owners of the lands comprising the same, and lands have been sold therein according to the surveys and plans thereof: Be it therefore As to allowances enacted, That all allowances for road, street or streets, common or in Towns or Vil- commons, which have been surveyed in such Towns or Villages in Upper Canada, and laid down on the plans thereof, and upon which lots of land fronting on or adjoining such allowances for road, street or streets, common or commons, have been sold to purchasers, shall be and the same are hereby declared to be public highways, streets and commons; and all lines which have been run, and the courses thereof given in the survey of such Towns and Villages, and laid down on the plans thereof, and all posts or monuments which have been placed or planted in the first survey of such Towns and Villages to designate or define any such allowances for road, street or streets, lot or lots, common or commons, shall be and the same are hereby declared to be the true and unalterable lines and boundaries of all such allowances for such road, street or streets, lot or lots, common or commons, in such Towns and Villages, respectively: Provided always, that no lot or lots of land in such Towns and Villages, shall be so laid out as to interfere with, obstruct, shut up, or compose any part of any allowance for road, common or commons, which was surveyed and reserved in the original survey of the Township or Townships wherein such Towns or Villages are or may be situate: Provided also, that any owner or owners of any such Towns and Villages, or the owner or owners of any original division thereof, shall have lawful right to amend or alter the first survey and plan of any such Town or Village, or any original particular division thereof, provided no lots of land have been sold fronting on or adjoining any street or streets, common or cominons where such alteration is required to be made: Provided also, that from and after the passing of this Act, no such private survey shall be valid, unless performed by a duly authorized Surveyor. Proviso Proviso. Proviso. Original owners to deposit plans of Towns, &c. Villages laid out XLII. And be it enacted, That the original owner or owners of the or their heirs, &c. lands forming the site of any Town or Village in Upper Canada, mentioned in the next preceding Section of this Act, or the agent or agents, by them. U. C. heirs or other legal representatives of the original owner or owners of any such Town or Village, or any original division thereof, shall, within Plan to be certi fied. one year from and after the passing of this Act, make or cause to be made and deposited in the Registry Office of the County wherein such Town or Village is situate, a fair and correct plan or map of such Town or Village, or original division thereof, on a scale of not less than an inch to every four chains, and lay down thereon, or cause to be laid down thereon, all roads, streets, lots and commons within the same, with the courses and width of the roads, streets and commons, and the width and length of all lots, and the courses of all division-lines between the respective lots within the same, together with such information as shall show the lot or lots, concession or concessions, tract or tracts, block or blocks of land of the Township wherein such Town or Village shall be situate, and every such plan or map of every such Town or Village or original division thereof, shall be certified by some Land Surveyor, and also by the original owner or owners thereof, or the legal representative or representatives of such owner or owners, as being a correct plan or map of the same; and every copy of such plan or map obtained from such Registry Office, and certified as correct by the Registrar of such County, shall be taken as evidence of the original plan and survey of such Town or Village in all Courts of Record; and if any such owner or owners of any such Town or Village, or any ori- Penalty for negginal division thereof, or their agents, heirs, or other legal represeutatives, shall refuse or neglect to make or cause to be made, any such plan or map of any such Town or Village, or original division thereof, and deposit the same in a Registry Office of the County wherein the same is situate, within one year from and after the passing of this Act, he, she, or they shall forfeit and pay for such refusal or neglect, the sum of two pounds ten shillings, and a like sum for every year thereafter until such plan or map shall be made and deposited in the Registry Office of the County wherein the same is situate; and the payment Effect of payof any such penalty or penalties shall not be held to free or discharge such owner or owners, their agents, heirs or other legal representatives, from any such penalties which may not have been paid at the time of such payment; and all such penalties, fines and forfeitures may and Recovery and apshall be collected in the same manner and applied to the same purposes as like penalties, fines and forfeitures are required to be collected and applied under and by authority of the sixth and seventh Sections of the Act passed in the eighth year of Her Majesty's reign, and intituled, An Act to declare certain Lands in Upper Canada liable to Assess- 8 Vic. c. 58. ment, and to oblige the owners of such Lands to make Returns thereof to the District Treasurer. lect. ment of any penalty. plication of penalties. gistrar in whose XLIII. And be it enacted, That whenever any such plan or map of Duty of the Reany such Town or Village, in Upper Canada, or original division there- office any such posited. U. C. plan shall be de- of, shall be made and deposited in the Registry Office of the County wherein the same shall be situate, it shall be the duty of the Registrar of such County to make a record of the same, and enter the day and year on which the same shall be deposited in his office; and for such service the said Registrar shall be entitled to charge the same fees, and no more, than are by law established for making a record of any other document, which is by law required to be entered of record in such office; and such Registrar shall thereupon keep a separate book for the registering of title deeds of lands situate in such Town or Village, in the same manner as is by law required for registering of title deeds for lands situate in Townships. As to lands in adjoining con in the same grant. U. C. XLIV. And for avoiding all doubt as to the application of the forecessions included going enactments in the cases hereinafter mentioned: Be it declared and enacted, That in all cases where any Letters Patent of grant, or other Instrument, has issued for several lots or parcels of land in Upper Canada, in concessions adjoining each other, the side-lines or limits of the lots or parcels of land therein mentioned and expressed, shall commence at the front angles of such lots or parcels of land respectively, and shall be run as hereinbefore provided, and shall not continue on in a straight line, through several concessions, unless the side-lines or limits, when run as aforesaid, shall intersect the corresponding post or monument in the front of the concession next in rear, that is to say, each such lot or parcel of land shall be surveyed and bounded according to the provisions of this Act, independently of the other lots or parcels mentioned in the same grant or instrument.. Surveyors in U. field-notes, and XLV. And be it enacted, That each and every Land Surveyor in lar journals and Upper Canada shall keep exact and regular journals and field-notes of furnish copies to all his surveys, and file them in the order of time in which the said parties interested. surveys have been performed, and shall give copies thereof to the parties concerned when so required, for which he shall be allowed the sum of five shillings currency, for each copy, if the number of words therein do not exceed four hundred words, but if the number of words therein exceed four hundred, he shall be allowed six pence additional for every hundred words therein, over and above four hundred words. Surveyors in U. C. may adminis zain purposes. XLVI. And be it enacted, That for better ascertaining the original ter oaths for cer- limits of any lot, concession, range, township or tract of land in Upper Canada, every Land Surveyor acting in that portion of this Province, shall be and he is hereby authorized and required to administer an oath or oaths to each and every person whom he may examine at any time concerning any boundary, post or monument, or any original land mark, line, limit or angle of any township, concession, range, lot or tract of land which such surveyor may be employed to survey. taken XLVII. And be it enacted, That all evidence to be taken by any Evidenceyors in Surveyor as aforesaid, in Upper Canada, shall be reduced to writing, U. C. to be reduced to writing and shall be read over to the person giving the same and signed by and signed; &c. such person, or if he cannot write, he shall acknowledge the same as correct before two witnesses, who shall sign the same with the Surveyor; and such evidence shall, and any document or plan prepared and sworn to as correct before a Justice of the Peace, by any Surveyor, with reference to any survey by him performed, may be filed and kept in the Registry Office of the County in which the lands to which it relates shall be situate, subject to be produced thereafter in evidence in any Court of Law or Equity within Upper Canada; and for receiving and filing the same, the Registrar shall be entitled to one shilling and three pence currency; and the expense of filing the same shall be borne by the parties in the same manner as other expenses of the survey. swearing under XLVIII. And be it enacted, That if any person shall, in any part of wilful false this Province, wilfully swear or affirm falsely concerning any matter this Act to be with regard to which an oath may be required under this Act, such perjury. person shall be deemed guilty of wilful and corrupt perjury, and being thereof convicted before any competent Court shall be liable to be punished accordingly. C, where from unskilful survey improved lands a party may have afterwards found to belong to his neighbour. XLIX. And be it enacted, That if any action of ejectment shall be As to cases in U. brought against any person or persons, who, after any line or limit shall have been established according to this Act, in Upper Canada, shall be found in consequence of unskilful survey, to have improved on lands not his, her or their own, it shall and may be lawful for the Judge of Assize, before whom such action shall have been tried, to direct the Jury to assess such damages for the defendant or defendants for any loss he, she or they may sustain in consequence of any improvement made before the commencement of such action, and also to assess the value of the land to be recovered; and if a verdict shall be found for the plaintiff or plaintiffs, no Writ of Possession shall issue until such plaintiff or plaintiffs shall have tendered or paid the amount of such damages as aforesaid, or shall have offered to release the said land to the defendant, provided the said defendant should pay or tender to the plaintiff the value of the land so assessed, before the fourth day of the ensuing term. have costs in L. And be it enacted, That from and after the passing of this Act, Plaintiff not to in all cases in which the Jury before whom any action of ejectment such cases from shall be tried in Upper Canada, shall assess the damages for the de- ant offers to give fendant as provided in the next preeding section, for improvements receiving the va the time defend up the lands on lue of his im provements, sta Unless the Jury improvements at less than the sum demanded. proof of Plain til's Less r's title be required. made upon land not his own, in consequence of unskilful survey, and ting the amount. when it shall be satisfactorily made to appear that the defendant does shall assess the not contest the plaintiff's action for any other purpose than to obtain the value of the improvements made upon the land previous to the alProviso that uo teration and establishing of the lines according to law, it shall and may be lawful for the Judge before whom such action shall be tried, to certify such fact upon the record, and thereupon the defendant shall be entitled to the costs of the defence, in the same manner as if the plaintiff had been non-suited on the trial, or a verdict rendered for the defendant; provided the defendant shall, at the time of entering into the consent rule, have given notice in writing to the lesser or lessors of the plaintiff in such ejectment, or to his Attorney named on the Writ or declaration of the amount claimed for such improvements, on payment of which amount the defendant or person in possession will surrender the possession to such lessor or lessors, and that the said defendant does not intend at the trial to contest the title of the lessor or lessors of the plaintiff; and if such notice shall on the trial be found not to have been given as aforesaid, or if the Jury shall assess for the defendant a less amount than that claimed in the notice, or shall find that the defendant has refused to surrender possession of the land claimed, after tender shall have been made of the amount claimed, then in any of such cases the Judge shall not certify, and the defendant shall not be entitled to the costs of the defence, but shall pay costs to the plaintiff; any thing herein contained to the contrary nothwithstanding; Provided always, that upon the trial of any such cause no evidence shall be required to be produced in proof of the title of the lessor or lessors of the plaintiff. Two Boards of EXTRACTS FROM 14 & 15 VIC, CAP. 4. An Act to amend the Act concerning Land Surveyors. II. And be it enacted, That for and notwithstanding any thing in the said Act, there shall be two Boards of Examiners for the examinawhom to consist. tion of Candidates for admission to practise as Land Surveyors, one to appointed: of consist of the Commissioner of Crown Lands, and eight other competent persons to be appointed from time to time by the Governor, and to meet at the City of Quebec for the examination of Candidates for admission to practise as Land Surveyors in Lower Canada, and the other to consist of the said Commissioner of Crown Lands, and eight other competent persons to be appointed from time to time by the Government, and to meet at the City of Toronto for the examination |