west angle of lot number three on the west side of the Penetanghishene road; thence, easterly, along the northern limit of the said lot number three in the first concession, on the west side of the Penetanguishine road, to the north-east angle of the said lot number three; thence across the said road, to the easterly limit thereof; thence southerly along the same to Kempenfeldt Bay; thence on a line produced in prolongation of the said road, a distance of five chains; thence, westerly and southerly, and always at the distance of five-chains from the shore, to the place of beginning. 2.-L'Orignal, To consist of all that part of this Province situate in the County of Prescott, and lying within and bounded by the following limits, that is to say: On the east by the westerly line of the Township of West Hawkesbury, on the south by the road leading from the said line past the four corners of the bridge across the Mill Creek on the road to Caledonia Springs; on the west, by a line drawn parallel with the Hawkesbury line to the Ottawa River, and on the north by the said river. 3.-Queenston, To consist of all that part of this Province situate in the County of Lincoln, and lying within the following limits, that is to say: Commencing at the water's edge of the Niagara river, at a point where the northerly boundary line of lot number six, in the Township of Niagara, produced to the river, would strike the same; thence, in prolongation of the same course, two hundred feet; thence, southerly, following the windings of the water's edge, on the westerly side of the river Niagara, to a point opposite where a line, on a course north sixtyseven degrees thirty minutes east, produced to the said river from the southerly side or limit of that part of the Erie and Ontario Rail-road, which lies immediately north of Brock's Monument, would strike the water's edge; thence, on a course south sixty-seven degrees thirty minutes west, to the water's edge, and, in the same course, to that part of the said Rail-road due north from Brock's Monument; thence, westerly, along the southern limit of the said Rail-road, to where the westerly limit of King Street in the Village of Queenston intersects the same; thence, northerly, along the western limit of King Street, to the limit between lots numbers six and seven in the Township of Niagara ; thence, easterly, along the said limit or boundary line, to the north-east angle of the said lot number six; and thence, on a course produced by the boundary line between the said lots numbers six and seven being continued to the Niagara River, to the place of beginning. 4.-Sandwich, To consist of all that part of this Province situate in the County of Essex, and lying within the following limits, that is to say: Commencing at the water's edge of the River Detroit, on the limit between lot number fifty-nine in the front concession of the Township of Sandwich, and the Town of Sandwich as originally laid out by the Crown; thence, on a course of south seventy-four degrees east, to the western limit of the allowance for road, which forms the eastern boundary of Sandwich L'Assumption; thence, along said limit on a course north twenty-eight degrees west, to within fifty chains of the water's edge of the River Detroit; thence, on a course north seventy-four degrees east, to the limit between lots numbers sixty-three and sixtyfour in the front concession of the Township of Sandwich; thence, along the said limit north twenty-eight degrees west, to the water's edge of the River Detroit; thence, continuing the last mentioned course five chains; thence, on a course corresponding with the general line of the shore, and always at the distance of five chains from the same, with the stream, until the same shall intersect a line produced from the place of beginning, on a course north seventy-four degrees west; thence on a course south seventy-four degrees east, to the place of beginning. SURVEYS AND BOUNDARIES. EXTRACTS FROM ACT 12 VIC. CAP. 35. An Act to repeal certain Acts therein mentioned, and to make better provi sion respecting the admission of Land Surveyors and the Survey of Lands in this Province. [Passed 30th May, 1849.] XII. And be it enacted, That the Commissioner of Crown Lands shall procure a Standard of English Measure of length, and a Standard of the old French Measure of length, compared with and corrected by the Standards for such Measures established in this Province, which shall remain in his office for the purpose of comparing therewith the Standards to be kept by each Surveyor as hereinafter provided. XIII. And be it enacted, That each and every Land Surveyor duly admitted, and practising, or who shall be hereafter admitted for Upper or Lower Canada, shall procure, and shall cause to be examined, corrected, and stamped, or otherwise certified, by the Commissioner of Crown Lands, or some one by him deputed for that purpose, a Standard Measure of length, under the penalty of the forfeiture of his License or Certificate, and shall previously to proceeding on any survey, verify the length of his chains and other instruments for measuring by such standard. Standard measures to be kept by the Com missioner of Crown Lands. Surveyors to have a standard to check their measures by. molest XIV. And be it enacted, That from and after the passing of this Act, Punishment of if any person or persons shall, in any part of this Province, interrupt, persourveyors of molest, or hinder any Land Surveyor, while in the discharge of his duty duty. as a Surveyor, such person or persons shall be deemed to have been guilty of a misdemeanor, and being thereof lawfully convicted in any Court of competent jurisdiction, may 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 five pounds, without any prejudice to any civil remedy which such Civil remedy not Surveyor or any other party may have against such offender or offenders, in damages by reason of such offence; and any Land Surveyor, when engaged in the performance of the duties of his profession, shall be, and he is hereby authorized and empowered to pass over, measure along, and ascertain the bearings of any Township line, concession or range line, or other governing line, or side line, and for such purposes to pass over the lands of any person whomsoever, doing no actual damage to the property of such person, any law to the contrary notwithstanding. taken away. Power to Sur veyor to examine certain lines; doing no actual damage. Canada fixed. XXII. And be it enacted, That the measure for Land in Lower-Canada Measures for shall be the same as it was before the year of our Lord one thousand Land in Lowerseven hundred and sixty, in all grants of Seigniories, and in the Concessions which have therein been made up to the present time, but in the Townships of Lower-Canada the measure for Land shall be English measure. XXVI. And whereas it is expedient to provide means for ascertaining Recital. and permanently defining and marking the angles and boundary lines of Townships or Concessions in Upper-Canada: Be it therefore enacted, That stone monuments or monuments of other durable materials, shall be placed at the several corners, governing points or offsets of every Q Stone monuplaced at certain ments may be ships in U. C. points in Town Township that hath been surveyed, or may hereafter be surveyed in Upper-Canada, and also at each end of the several Concession Lines of such Townships; and that lines drawn in the manner hereinafter prescribed from the monuments so erected, or to be erected, shall be taken and considered to be the permanent boundary lines of such Townships and Concessions, respectively. To be placed under the direc⚫ XXVII. And be it enacted, That_the_monuments to be placed as tion of the Com- above mentioned shall be so placed under the direction and order of missioner of Crown Lands. Boundaries ascertained as aforesaid in U. C. to be deemed the true ones. Punishment of persons removing or defacing land marks in U.C. or in L. C. Proviso as to Monuments not to be placed in U. C. except on the application of the Municipal Council. Recital. In what cases the Municipal Council may apply to have Monuments placed. U. C. the Commissioner of Crown Lands of this Province. XXVIII. And be it enacted, That the courses and lengths of the said boundary lines, so ascertained and established, shall on all occasions be and be taken to be the true courses and lengths of the boundary lines of the said Townships and Concessions, in Upper-Canada, whether the same do or do not, on actual survey, coincide with the courses and lengths in any Letters Patent of Grant or other Instrument mentioned and expressed in respect of such boundary lines. XXIX. And be it enacted, That if any person or persons shall knowingly and wilfully pull down, deface, alter or remove any such monument so erected as aforesaid, in Upper-Canada, such person or persons shall be adjudged guilty of felony; and if any person or persons shall knowingly and wilfully deface, alter or remove any other landmark, post, or monument placed by any Land Surveyor, to mark any limit, boundary or angle of any Township, Concession, range, lot or parcel of land, in Upper or in Lower-Canada, such person or persons shall be deemed guilty of a misdemeanor, and being convicted thereof before any competent Court, shall be liable to be punished by fine or imprisonment, or both, at the discretion of such Court, such fine not to exceed Twenty-five pounds, and such imprisonment not to be for a longer period than Three months, without any prejudice to any civil remedy which any party may have against such offender or offenders in damages, by reason of such offence; Provided that nothing herein contained shallĺ extend to prevent Land Surveyors, in their operations, from taking up posts or other boundary marks when necessary, after which they shall carefully replace them as they were before. XXX. And be it enacted, That it shall not be necessary for the Commissioner of Crown Lands to proceed to carry the provisions of the Twenty-sixth, Twenty-seventh and Twenty-eighth Sections of this Act into execution, until an application for that purpose shall have been made to the Governor by the District Council of the District in UpperCanada, in which the Township or Townships interested may be situate, who shall cause the sum requisite to defray the expenses to be incurred, or the proportion thereof payable by the inhabitants of any Township or Concession, to be levied on the said inhabitants, in the same manner as any sum required for any other local purpose authorized by law may be levied. XXXI. And whereas in several of the Townships in Upper-Canada, some of the Concession lines, or parts of the Concession lines, have not been run in the original survey performed under competent authority, and the surveys of some Concession lines or parts of Concessions lines have been obliterated, and owing to the want of such lines the inhabitants of such Concessions are subject to serious inconvenience: Be it therefore enacted, That it shall be lawful for the District Council of the* District in which any Township in Upper-Canada may be situate, on application of one half of the resident land-holders in any Concession, (or without such application if the said Council shall deem it necessary,) to make application to the Governor, requesting Him to cause any such line to be surveyed, and marked by permanent stone boundaries under Amendment Act, Sec. 7. Ante page 136. Expenses to be estimated and provided for. the direction and order of the Commissioner of Crown Lands, in the manner prescribed in this Act, at the cost of the proprietors of the lands in each Concession or part of a Concession interested; and it shall be lawful for such District Council to cause an estimate of the sum requisite to defray the expenses to be incurred to be laid before them, in order that the same may be levied on the said proprietors, in proportion to the quantity of land held by them respectively in such Concession or part of a Concession, in the same manner as any sum required for any other purposes authorized by law may be levied; and the lines or parts Legal effect of of lines so surveyed and marked as aforesaid, shall thereafter be taken the operation. 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 paid to the 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 of the Proviso as to Commissioner of Crown Lands; Provided always, that the said lines adjacent shall be so drawn as to leave each of the adjacent Concessions of a depth proportionate to that intended in the original survey. Government. concessions. placed under Boundaries to be deemed the U. C. XXXII. And whereas it is necessary to make more definite provision Recital. 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, 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 parcel of land mentioned and expressed ; and such township, city, town, village, concession, section, block, gore, common, lot or parcel of land, shall embrace the whole width, contained between the front posts, 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 or 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 town- As to aliquot ship, city, town, village, concession, section, block, gore, common, lot parts of Townor parcel of land, shall be construed to be a grant of such aliquot part of ship, &c. the quantity the same may contain, whether such quantity be more or less than that expressed in such patent, grant or instrument; any law, usage or custom to the contrary thereof in anywise notwithstanding. 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 to comprise all the space intheir boundaries. Townships, &c. cluded within Road allowances in Cities, &c., to be public highways. U.C. Recital. As to lands granted in blocks and subsequently surveyed by the 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 surveys as is by law required of them when employed to make surveys in Townships. XXXIV. And whereas many Townships, tracts or blocks of land in 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 Townships, tracts or blocks of land in Upper-Canada, shall be and the same are hereby declared to be original surveys thereof, and to have the same force and effect as though the said original surveys and plans thereof had been Grantees. U. C. made by the authority aforesaid; and all allowances for roads or commons which have been surveyed in such Townships, tracts or blocks of 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 Townships, 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. Governing lines declared, U. C. Proviso, Provies. Proviso, Proviso. 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 side-lines 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 division or side-lines, 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 origi nal survey; Provided further, that when in the original survey, per▾ |