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paid to the Go

vernment.

of line so surveyed and marked as aforesaid, shall thereafter be taken and considered to be the permanent boundary lines of such Concessions or parts of Concessions to all intents and purposes of law whatsoever; Expenses to be and all expenses incurred in performing any survey or placing any monument or boundary under the provisions of this section or of the next preceding section, shall be paid by the District Treasurer to the person or persons employed in such services, on the certificate and order Proviso as to ad- of the Commissioner of Crown Lands; Provided always, that the said lines shall be so drawn as to leave each of the adjacent Concessions of a depth proportionate to that intended in the original survey.

jacent conces

sions.

Recital.

Boundaries

place under the

Government to

be deemed the

true ones, &c. U. C.

XXXII. And whereas it is necessary to make more definite provision than is now made by law, as to the mode in which the proper courses of boundary lines shall be ascertained in certain cases in Upper Canada: Be it enacted, That in Upper Canada all boundary lines of Townships, authority of the Cities, Towns, Villages, all Concession lines, governing points, and all boundary lines of Concessions, sections, blocks, gores, commons and all side-lines and limits of lots surveyed, and all posts or monuments, which have been placed or planted at the front angles of any lots or parcels of land, provided the same have been or shall be marked, placed or planted under the authority of the Executive Government of the late Province of Quebec or of Upper Canada, or under the authority of the Executive Government of this Province, shall be and the same are hereby declared to be the true and unalterable boundaries of all and every of such Townships, Cities, Towns, Villages, Concessions, Sections, Blocks, Gores, Commons, and lots or parcels of land, respectively, whether the same shall upon admeasurement be found to contain the exact width, or more or less than the exact width expressed in any Letters Patent, Grant or other instrument in respect of such Township, City, Town, Village, Concession, Section, Block, Gore, Common, lot or Townships, &c. parcel of land mentioned and expressed; and such Township, city, town, village, concession, section, block, gore, common, lot or parcel of land, their boundaries, shall embrace the whole width, contained between the front posts,

to comprise all the space included within

As to aliquot parts of Townships, &c.

monuments or boundaries, planted or placed, at the front angles of any such township, city, town, village, concession, section, block, gore, common, lot or parcel of land as aforesaid, so marked, placed or planted as aforesaid, and no more nor less, any quantity or measure expressed in the original grant or patent thereof notwithstanding; and every patent, grant or instrument, purporting to be for any aliquot part of such township, city, town, village, concession, section, block, gore, common, lot or parcel of land, shall be construed to be a grant of such aliquot part of the quantity the same may contain, whether such quantity be more or less than that expressed in such patent, grant or instru

ment; any law, usage or custom to the contrary thereof in anywise notwithstanding.

Certain powers,

under 12 V. c.

township muni

[VII. And be it enacted, That the powers and duties, by the thirtieth 13 & 14 Vic. and thirty-first Sections of the Act passed in the last Session of Parlia- cap. 54, sec. 7. ment, chaptered thirty-five, and intituled, An Act to repeal certain &c., as to surveys Acts therein mentioned, and to make better provision respecting the 35, transferred to admission of Land Surveyors and the Survey of Lands in this Pro- and vested in vince, conferred and imposed upon the Municipal Councils of the cipalities. different Counties (therein called Districts) in Upper Canada, and on the Treasurers and other officers thereof, shall be and the same are hereby transferred to and imposed upon the different Township Municipalities in Upper Canada, and upon their Treasurers and Officers respectively, to be exercised and performed by such Township Municipalities, their Treasurers and other Officers in the like cases and in the Îike manner as is therein provided with respect to such corresponding Municipal Councils, their Treasurers and their Officers; and no such powers or duties shall henceforth belong to, or be required of, the Municipal Councils of the different Counties or Union of Counties in Upper Canada, their Treasurers or other Officers, or any of them.]

XXXIII. And be it enacted, That in every City, Town or Village in Upper Canada, which has been surveyed by the authority aforesaid, all allowances for road or roads, street or streets, lane or lanes, common or commons, which have been laid out in the original survey of such City, Town or Village, shall be and the same are hereby declared to be public highways and commons: and all posts or monuments which have been placed or planted in the original survey of such City, Town or Village, to designate or define any allowance for road or roads, street or streets, lane or lanes, lot or lots, common or commons, shall be and the same are hereby declared to be the true and unalterable boundaries of all such roads, streets, lanes, lots and commons; and all Land Surveyors, when employed to make surveys in such City, Town or Village are hereby required to follow and pursue the same rules and regulations in respect of such survey as is by law required of them when employed to make surveys in Townships.

Road allowances

in Cities, &c., to

be public high

ways, U. C.

granted in blocks

XXXIV. And whereas many Townships, tracts or blocks of land in Recital. Upper Canada were granted by the Crown to companies and individuals before any surveys were made therein, and such Townships, tracts or blocks of land were afterwards surveyed by the owners thereof: Be it therefore enacted, That all such Surveys of such Township, tracts As to lands or blocks of land in Upper Canada, shall be and the same are hereby and subsequently declared to be original surveys thereof, and to have the same force and Grantees. U. C. effect as though the said original surveys and plans thereof had been made by the authority aforesaid; and all allowances for roads or commons which have been surveyed in such Townships, tracts or blocks of

surveyed by the

Governing lines declared, U. C.

Proviso.

Proviso

Proviso.

Proviso.

land, and laid down on the plans thereof, shall be and the same are hereby declared to be public highways and commons: and all lines which have been run and marked in such original surveys, and all posts or monuments which have been planted or placed in such original surveys, to designate and define any allowances for road, concession or concessions, lot or lots of land, 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 road, common or commons, lot or lots of land, and all land Surveyors, when employed to make surveys in such Townships, tracts or blocks of land, are hereby required to follow and pursue the same rules and regulations in respect of such Township, tracts or blocks of land, and the original surveys thereof, as is by law required of them to follow and pursue in all Townships, tracts or blocks of land which have been surveyed by the authority aforesaid.

XXXV. And be it enacted, That the course of the boundary line of each and every concession, on that side from which the lots are numbered, shall be and the same is hereby declared to be the course of the division or side-lines throughout the several townships or concessions in Upper Canada, respectively, provided always, that such division or sidelines were intended, in the original survey performed under such competent authority as aforesaid, to run parallel to the said boundary; and all Surveyors shall and are hereby required to run all divisions or sidelines, which they may be called upon by the owner or owners of any lands to survey, so as to correspond with and be parallel to that boundary line of the concession in which such lands are situate, from whence the lots are numbered as aforesaid, provided always, as aforesaid, that such division or side-lines were intended, in the original survey performed under such competent authority as aforesaid, to run parallel to the said boundary; Provided also, that when that end of a concession, from which the lots are numbered, is bounded by a lake or river, or other natural boundary, or when it has not been run in the original survey performed under such competent authority as aforesaid, or when the course of the division or side-lines of the lots therein was not intended in the original survey performed as aforesaid, to run parallel to such Boundary, the said division or side lines shall run parallel to the boundary line at the other extremity of such concession, provided their course was intended, in the original survey performed as aforesaid, to be parallel thereto, and that such boundary line was run in the original survey; Provided further, that when in the original survey, performed under such competent authority as aforesaid, the course of the division or side-lines in any concession was not intended to be par

Proviso.

allel to the boundary line at either end of such Concession, they shall be
run at such angle with the course of the boundary line at that end of
the said concession from which the lots are numbered, as is stated in the
plan and field-notes of the original survey, of record in the office of the
Commissioner of Crown Lands of this Province, provided such line
was run in the original survey as aforesaid, or with the course of the
boundary line at the other extremity of the said concession, if the
boundary at that end of the concession from which the lots are num-
bered was not run in the original survey as aforesaid; or if neither of
the aforesaid boundaries of the concession were run in the original sur-
vey, or if it be bounded at each end by a lake or river or other natural
boundary, then at such angle with the course of the line in front of the
said concession, as is stated in the plan and field-notes as aforesaid:
Provided nevertheless, that if any division or side-line between lots, or
proof-line intended to be parallel to the division or side-lines between
lots, shall have been drawn in any such concession in the original sur.
vey thereof, the division or side-lines between the lots therein shall be
drawn parallel to such division or side-line or proof-line; and when two
or more such division or side-lines or proof-lines have been drawn in
the original survey of such concession, that division or side-line or proof-
line which is nearest to the boundary of the concession from which the
lots are numbered, and shall govern the course of the division or side-
lines of all the lots in such concession between the boundary of the
concession from which the lots are numbered and the next division or
side-line or proof-line drawn in the original survey, which shall govern
the course of the division or side-lines of all the lots up to the next di-
vision or side-line or proof-line drawn in the original survey; or to the
boundary of the concession towards which the lots are numbered, as the
case may be: Provided further, that in all those townships in Upper Proviso.
Canada, which in the original survey have been divided into sections,
agreeably to an Order in Council bearing date the twenty-seventh day
of March, one thousand eight hundred and twenty-nine, the division or
side-lines in all concessions in any section shall be governed by the
boundary lines of such section, in like manner as the division or side-
lines in townships originally surveyed before the said day are governed
by the boundary lines of the concession in which the lots are situate.

of a concession

U. C.

XXXVI. And be it enacted, That the front of each concession in what shall be any Township in Upper Canada, where only a single row of posts has deemed the front been planted on the concession lines, and the lands have been described in certain cases, in whole lots, shall be considered to be, and the same is hereby declared to be that end or boundary of such concession which is nearest to the boundary of the township from which the several concessions

Proviso: when

the front line of any concession was not run in

vey.

thereof are numbered: Provided always, that in those townships in Upper Canada, which are bounded in front by a river or lake where no posts or other boundaries were planted in the original survey on the bank of such river or lake to regulate the width in front of the lots in the broken front concessions, the division or side-lines of the lots in such broken front concessions shall be drawn from the posts or other boundaries on the concession line in rear thereof, parallel to the governing line determined as aforesaid to the river or lake in front; Provided also, that when the line in front of any such concession has not been run in the original survey, the division or side-lines of the lots in such concesthe original sur- sion shall be run from the original posts or monuments placed or planted on the rear line thereof parallel to the governing line determined as aforesaid to the depth of the concession—that is, to the centre of the space contained between the lines in front of the adjacent concessions, if the concessions were intended in the original survey to be of an equal depth, or if they were not so intended, then to the proportionate depth intended in the original survey, as shown on the plan and field-notes thereof of record in the Office of the Commissioner of Crown Lands of this Province, having due respect to any allowance for a road or roads made in the original survey; and that a straight line joining the extremities of the division or side-lines of any lot in such concession drawn as aforesaid, shall be the true boundary of that end of the lot which has not been run in the original survey.

Fronts of con

cessions in cer

&c. U. C.

XXXVII. And be it enacted, That in those Townships in Upper tain other cases; Canada in which the concessions have been surveyed with double depths of lots, fronts, that is, with posts or monuments planted on both sides of the allowances for roads between the concessions, and the lands shall have been described in half lots, the division or side lines shall be drawn from the posts at both ends to the centre of the concession, and each end of such concession shall be, and the same is hereby declared to be the front of its respective half of such concession, and that a straight line joining the extremities of the division or side-lines of any half lot in such concession, drawn as aforesaid, shall be the true boundary of that end of the half lot which has not been bounded in the original survey.

Asto concessions in cases where

alternate concession lines only have been run. U. C.

XXXVIII. And be it enacted, That in those Townships in Upper Canada in which each alternate concession line only has been run in the original survey, but with double fronts as aforesaid, the division or side-lines shall be drawn from the posts or monuments on each side of such alternate concession lines to the depth of a concession, that is to the centre of the space contained between such alternate concession lines, if the concessions were intended in the original survey to be of

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