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lue of his improvements, sta
Unless the Jury
title be required.
sta- 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 less than then 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 litt's Lessor's, 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 lessons 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 de 'fendant 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.
EXTRACTS FROM 14 & 15 VIC. CAP. 4.
Two Boards of Examiners appointed: of
An Act to amend the Act concerning Land Surveyors.
II. And be it enacted, That for and notwithstanding any thing in
of 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
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
of Candidates for admission to practise as Land Surveyors in Upper Canada; and the present Board of Examiners shall be dissolved: and Present Board any three of the Members of either of the said Boards shall form a quorum; and each of the said Boards or a majority thereof shall Quorum. appoint a Secretary; and the said Boards shall meet at the places Secretary. hereinbefore mentioned respectively on the days appointed in and by the said Act for the meeting of the Board therein mentioned; and each of the said Boards and the Members and Secretary thereof shall, as Powers and duregards the examination of Candidates for admission to practise in that section of the Province in and for which such Board shall sit, and as regards Surveyors practising therein, have the same authority, powers and duties as are by the said Act vested in the Board therein mentioned and its Secretary, and shall be bound by the same rules in the exercise and performance thereof.
VIII. And be it enacted, That the Standard English Measures of Length imported under the requirements of the Act hereby amended, shall hereafter be deposited with the Secretary of the Board of Examiners at Toronto, and the Standard French Measures of Length imported under the said Act, and the copy of the said Standard English Measures of Length now in the Office of the Commissioner of Crown Lands at Montreal (which copy shall be hereafter used as a standard for the purposes of the said Act) shall be deposited with the Secretary of the Board of Examiners of the City of Quebec, and the said Secretaries respectively, under such instructions as they shall receive from time to time from their respective Boards, shall and may examine, test and stamp Standard Measures of Length for the Surveyors bringing the same for examination, as the Commissioner of Crown Lands may do under the Act aforesaid and with the same effect, and for each measure so examined and stamped such Secretary may demand and receive Two Shillings and Six Pence Currency.
EXTRACTS FROM 12 VIC, CAP. 35.
Land Surveyors and the Survey of Lands. II. And be it enacted, That no person shall, after the passing of this Penalty on perAct, survey lands for hire or profit within Upper Canada or Lower Surveyors wich
sons practising as
out being duly Canada, or Act in any way as a Land Surveyor within either portion licensed of this Province, for bire or profit, unless he shall be duly authorized to practice as a Land Surveyor according to the provisions of this Act, or shall have been so authorized before the passing thereof, according
pend or remove a Surveyor,
ty accused to be
to the Laws then in force, under a penalty of Ten pounds currency for each offence, to be recovered by any person who shall sue for the same in any Court having Civil Jurisdiction to the amount of such penalty, one moiety whereof shall belong to Her Majesty and make part of the Consolidated Revenue Fund of this Province, and the other moiety
shall belong to the person suing for the penalty. Board may sus- X. And be it enacted, That it shall be lawful for the Board of Ex
aminers to suspend or dismiss any Land Surveyor from the practice of his profession, as they shall in their discretion deem proper whom they
shall find guilty of gross negligence or corruption in the execution of Proviso: the par- the duties of his office: Provided nevertheless, that the Board shall suinmoned and not suspend or dismiss such Land Surveyor, without having previously
summoned him to appear in order to be heard on his defence, nor without having heard the evidence, which shall have been offered either in support of the complaint or in behalf of the Surveyor incul
pated. Chain-bearers to XI. And be it enacted, That each and every chain-bearer, whether
acting in Upper or in Lower Canada, shall, before he commences his chaining 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 Not to be related whom he may have been appointed to such duty, and that he is abso
lutely disinterested in the survey in question, and is not related or allied to any of the parties interested in the survey within the fourth degree, according to the computation of the civil law, that is to say, within the degree of Cousin German, 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.
to the parties.
REGISTRY LAWS AMENDMENTS.
ACT 16 VIC., CAP. 187, SECS. 1, 2, 3 & 4.
An Act to amend the Registry Laws of Upper Canada. Whereas the recent changes in the Territorial Divisions of Upper Canada, have rendered it necessary to make certain changes in the Registry Laws of that section of the Province: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of
is detached from
&c., relating to
be de ivered to
the County to which it is at
the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to reunite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That in every case where any City, Town, Township, reputed when any place Township or place, theretofore making part of any County in Upper a County for ReCanada, in and for which a separate Registry Office is or shall be poses, the Hooks, kept, has been or shall be detached from such County and attached to such place shall or become part of another County in and for which a separate Regis- the Registrar of try Office is or shall be kept, the Registry Book or Books kept for such City, Town, Township, reputed Township or place under the provisions tached. of the twenty-second section of the Act passed in the ninth year of Her Majesty's Reign, and intituled, An Act to consolidate and amend 9 V.c. 31. the Registry Laws of that part of this Province which was formerly Upper Canada, and all plans or maps of Town or Village Lots in such City, Town, Township, reputed Township or place, lodged in the office of such Registrar, pursuant to the thirty-third section of the said Act, shall be delivered by the Registrar of the County from which such City, Town, Township, reputed Township or place is or shall be detached, to the Registrar of the County to which the same is or shall be attached, or of which it shall become part, to be kept by him among the Registry Books of his office, and dealt with in all respects by him and his successors in office in like manner as the Registry Books originally made and kept therein: Provided always, that a statement of such Proviso: a statetitles of or relating to lands lying in such City, Town, Township, re- livered of tiles puted Township or place, as may have been registered before separate separate Books Registry Books were kept for each Township or place, under the au- each place. thority of the said Act, shall be furnished by the Registrar of the County from which such Township or place shall have been detached, to the Registrar of the County to which the same shall have been attached, or of which it shall become part, in the manner provided by the thirty-second section of the Act last above cited; and the provisions This sec to apof this section shall apply to each and every City, Town, Township, re- ne puted Township or place in any new County, and in any County &c. which being theretofore united with another County or Counties for the purposes of registration of titles, shall be detached therefrom for such purposes, and become entitled to have a separate Registry Office.
II. And be it enacted, That the statement to be furnished by the Statements under Registrar of a County to the Registrar of any new County under the 31. to be accomthirty-second section of the said in part recited Act, shall be accompa- Index and Certinied by an index thereto, which shall be considered as a part of the
ment to be de
were kept for
ply to places in new Counties,
9. 3!, of 9 V.C.
panel with an
It shall contain certain further particulars.
but by the County.
said statement, and such Registrar shall carefully compare such state ment with the original entries in the Register Books in his office, and endorse a Certificate to that effect on such statement when furnishing the same to the Registrar of such new County: And such statement shall, in addition to the particulars required by the said thirty-second section, contain the names of the parties to such Deeds and of the witnesses thereto, and shall also contain the same particulars with regard to Wills and other registered documents affecting lands in such new
County as are required concerning Deeds, and shall also furnish a · statement of any Wills registered in any General Registry Book of
Wills, whether such Book was procured before or since the passing of the said Act.
III. And be it enacted, That no Registry Book shall after the passnot to be furing of this Act be furnished by the Secretary of the Province to any by the Province, Registrar in Upper Canada under the twenty-second section of the Act
hereinbefore recited, but whenever any Registrar shall require a new Registry Book, the same shall be furnished to him by the Treasurer of the County on his application therefor, and shall be paid for by such Treasurer out of the County Funds, and the Certificate now given by the Provincial Secretary in and with regard to any such Registry Book, or one to a similar effect, shall be given by the Judge of the County Court having jurisdiction in such County, on the application of the Registrar, and such Certificate shall be in the form or to the effect in the Schedule to this Act annexed: and if such Treasurer shall refuse or neglect to furnish such Book within thirty days after the application of the Registrar, the Registrar may provide the same, and re
cover the cost thereof from the Municipality of the County. And Size and form to be as at present. such Registry Books shall be as nearly as may be of the like size and des
cription as those heretofore furnished to Registrars in U. Canada by the Provincial Secretary under the said twenty-second section of the said Act.
IV. And be it enacted, That each County in Upper Canada, now
entitled to return a Member or Members of the Legislative Assembly to turning a Mem represent such County in the Provincial Parliament, shall be also en
ale titled to have a separate Registry Office for the registration of titles,
and Registrars shall be appointed accordingly, but until the establish-
pages, and is to be used
ber to have a Registry Office, &c.