Bill 45 (Legislature 2, Session 3)

L2 S3 10750

Alberta — Bills

BILL No. 45 of 1\Jll.

An Act respecting Surveys. (Assented to 1911.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the .Province of Alberta, enacts as follows: 1. This Act may be cited as "The Alberta Surveys Act." Short due IN'l'ERPRI<>TATION. 2. In this Act, unless the context otherwise requires, the 1 n terpretta· tlon. expresswn- 1. "Minister" means the :\iinister ·of Public Works for Alberta; 2. "Department" means the Department of Public Works for Alberta; 3. "Director of Surveys" means the Director of Surveys appointed under the provisions of The Public W arks Act, being

chapter 10 of the Statutes of Alberta, 1906, or any Act passed in amenllment or substitution thereof; 4. "Surveyor" means a person qualified to practise as a surveyor according to the provisions of The Alberta Land Surveyors Act, being

chapter 2 of the Statutes of Alberta, 1910 (First Session), or any Act pas~·wd in amendment or substi tution thereof; ;). "Iron po::;t" means a pointed iron tube three feet long and three quarters of an iuch in diameter, weighing not less than two and one-half pounds ancl having the top encl plugged and squared for a distance of four inches; u. ".Monument" means a post, stake, peg, mound, pit or trench, or anything else used to mark a boundary corner or line; 7. "SubJivision survey" means a survey of which it is intended to register the plan under

section 1.24 of 1'he Land Titles .1c!, or any Act passed in amendment or substitution thereof; 8. " Undisputed point" means a point of any original survey whose position is undisputc'd or can l>e satisfactorily estab lislwd. S'l'A:\"DARD OF MEASURE. 3.

The nwasure of length used in surveys made under this standard .\et shall bt~ the Dominiou llwasure of length defined by The ~~r':.ea lV eights and JJ casnrcs Act, and l'Yery Alberta land surveyor :-;hall bn in possession of a subsidiary standard thereof which he shall compare atHl verify on obtaining the same, and therein- after as oeeasion may require, with a tested subsidiary standard to be obtained and kept by the Director of ~urveys, and ever~: flurn,yor shall verify all tapes or chains us<>d by him \\·ith the subsidiary standttrd in his possession.

., IUGH'f OF EN'fRY UPON l'HIVA'J'E LANDS. 4. A surveyor, when engaged in the performance of his ,light ot 1 · h 1 1 t · Pntry upon < uttes a:-; sue , may pass over, measure a oug anc ascer am prlva the bearings of any line or boundary whatsoever, and for sue h lands. purpose:-; may pass over the lan<ls of any person whomsoever, doing no :tctual clmnage to thr property of such person. EVIDENCE. 5.

Every surveyor, acting iu that capacity, may examin~ ... urve rs witnesses on oath with rr-s]wct to all lllatters relating to the ::'!in! n survey of lands, and for bctCcr ascertaining the original corner <lPr oa h. or limit.;.; of any surveyed parcel or tract of land whatsot•ver, 111:ty adiilinistN such oath to <'i·<·ry person whom he examines in relation tu such matters. 6.

Whcm•v(•r any surveyor is in clouLt ns to the true corner, survey rs b l 1. . l' l f l l } mo y co -oun< ary OJ" Plllt o any paree or tract o all{ w w,tsoc·vcr pel ·att nd- whieh he is employed to survey and has reason to lwlicn that~~~~ .. ~; s. ~wr person is posst•ssed of any importaut inftmnation touching suelt conwr, bDundary or limit, or of aay vvriting, plan or doeu- nwnt tcndiug to establish the true position of sueh eorm•r, blJUndary or limit, and if sueh pc,·son docs not willingly appeai· bAon· a:trl be c'·~a:ninc•d b~: such Sli!Tcyor, or cloPs not willingly protl\l('l' to hilll slH·h writing, plan or doeument, such surveyor may apply to any justice of tlw peace for an ordinary sub- poena ad te;;tijicandum, or a subpoena du.ces tecu.m, a,.; the ease re,Iuin•s,. aecoinpauying such applieation by an affi<lavit or solemn 'lr·elaration as to the faets on whieh the application is founclr•cl: and sueh jw~tice may issue a subpoena aeeonling1y, eomrnanrling :-;uch Jlerson to appear before thl· surveyor at a titn<~ and place nwntiomd in the subpoena, and, if the ear-c· rcquin·s it, to bring \\'ith hill! any writing:, plan or document mPntioJJC•d or rcfcrn·d to thc·n·in. i.

A snb; U<'ll: issued a,.; in the next preceding

section set Se~vtce of forth shall bt' s('rwd 011 the person nan1cd tlwrein by delivering: su poena. :1 t:opy t.hereof to him, or by !Paving the copy for him with som(' atlult. pNson at bit' n·sidcucp and <'xhibitiJw to him or sueh adult p<•rson the original; and if tlw person rpquir('d in such ;.;ubpol'n:t to appPar ihis l'PI'sonab:c exrenses ha.-ing bccli paid or t<·ndcn•d to himsplf or to sueh adult person) rdust s or n<·,!<('(' l::; to app<·a r bdon• thP SlllT<·yor at the place and tim<· appointecl in th<• :-;upl)(PIIa, or to produec the writing, piau or doe\lllH'nt, if any, then·in mentiotl{'d or rcf<"rn•d to, or to gi\'(• sud1 ,,,·idctwc· and ir•formation as lw possl ssc·s touehing tlw corner, boundnn or liruit in qw stion, a warrant by a justie(' of tlH· penec for the arrest of sueh rNson may be issued, and lw ,.;h:dl bP liable- to a penalty not exeeec\ing oue hunclred clollars. u!' t'' itnprisonnl('nt fo;· a knu not excpcuing ninC'ty days, or to both, in tl:c disl·1·<-tion of such justicP.

H.

All l'\·icletteP hk<'ll b·,· a surveyor, ::s afo·< said, shall be J•;vidence l l · · 1 ' 11 1 ~·· 1 · · to be put ;·c LH~Pl to wnttug aih soa. )e rea• over to t te person gtVIng in writing. tlw o.•vid<'rH·c·, and shall b:· s'gned by such person, or if IH· eannot \\'1'; h ·. shell! bf' ackno\\·ledgnl by him as eorrcet bl'fore t\vo witnf'ssts, who :-;lwll sign it, :'s si:all also the surveyor; and sueh t>l·idcttee shall bP filed and kept and any clocument 01 !'Ian prepared an.\ S\Yom to as cOJTl'<'.t by any surveyor with rden·nce to any surwy by him perforwul may be tiled and kept subject to be produced thercafkr in c\ iclencP in court.

') " 9.

Everv surveyor shall keep exact auu 1"\'~rular field notes Field " t· .1 I .. ll~> • 1 ll h notes. of all surYeys made by !lllll; anu sue 1 he c notes S:la s ow the date on which tlw survPy was mad<', the :1stronomic bearing or angular measurement of each lin<' with some othN line of the survPy, the liw·al measurements taken on each line, the nature, markings and loeation of. mch post planted by him ~ttHl th!' natur!' of, and marking on, all original monuments found by him upon the ground, or, in <l<'fault of such mouu ments bPing found, th<· iufon.~ation or cvidenc<· as to original boundaries takl·n as a bas:s for tlw survey, together "·ith all important topographical features of the land surveyed; every surveyor shall furnish a copy of such field notes certified in fonn B in the

schedule of this Act to the parties concerned or to the Director of Surn'ys when su n·quircd for whieh copie::; he may eharge at tlw rate of 1S:.!.OO for each hom r!'quircd LO IIUtk<· saHt<'; pro\'idl·tl that such tlurvcyor may charge the sum of ::-;:! .00 for any sueh copy which may be ll1:Lde in less time than one hour. 10.

All survc~'s shall be rdPITcd to the local astronomical ::;:r~:fr 8 0 _t nwridian and no person shall mak<' usc of the Jllagncb~ compass ;:omicaL in making surveys. i 1. \\'lll'IH'\'('1' 11 SUIT<'YOr is emulovcd to n~-<'r;U:i)lisll the ,·,·rtaln t w • J ~ur\·eyQ ')osi Lion of auv Lm• su tTeyetl under the provisions of Tl1e tJ,, ma.le f)olllim:un Land~ 8urveys Act .or to survey dividing linL'S between ~;~~fnton auy subJi,·isionH, authorir,(•d by the said Act, s1mller than ~:;:'A~fr those originally laid out, he shall proeeeu according to the provisions of the said Aet, or any Act pasHed in am<'ndment m sulJ:-;litution thci·vfor in force at tl11• time of such smvey. 1 7!.

All smveyOJ s shall erect, exeep t as hereinafter otherwise 'iurveys to . 11 . !. [ 11 J f . he marke-d specm y provtc <'t, at a corrwrs or ang <S o any survey, Iron on the posts as lwrein dditwd, or \YOO<len posts sqnared so a!' to havP .cTound. :'. face of not ktis than thre<: ineh('s ano:-;s an,[ a top be\'clh-d so as to turn the rain; such woOllPn posts shall be at Tast :{ii inehes ::.bow thP surface of the ground nlld shall he driwn not l<·ss than 1~ iiH:hL•s into th(' grouncl. 13. \\"h<•npn·r a sttrn·yor is <'lli)JlOYl'd to illttk<• a subdivision Outlines to I I ]I . 1.

I • l f II be first es-sttrve:· w s m first n'-l'St:lb If' 1 ail< ear<' u y ::;urvey such taJJiiRhed. part of thl' origin~d outlines of :tuy "~'<'tion, qnarter H~etion, sPttlPment lot or oth<•t sUIT(•\·t d pared of land, m···L·s:-;:try to properly establish the boundari<'s of the land to b<' Hub- divi<l<'d, and shall then C'Stablish th(• block eomer:;: on tlw outlines of the land to be subdi,:irh <1, or if it i~ intcnd<'d that t.here bl· no blor~k eorrJNs on t!w said outlines h~: shall Pstablish thusc block eonwrs ad1acent t.ht•rcto tlllll shall ::;ubsequcntly lkterrniuc tlw iut<-rior bloek eorner:;: of his survpy in rdl~rPnce to tlw block cornNs so first cstab1islwd.

U. EY<'IY sun <·yor ~hall u,ark :.,11 conH n; and angl~:s of ~~~~e~;of~ llloeks with iron post::; ~Hi\ i11g t,hp llUlllllC'r or Jetter designating be marked. t lw bloek rnarked t I1Neon \Yith a eold ehisd; and straight !i tw:-; eonn<•ding the said col'lll'l s :md angl<'s in the n •anm'r shown on the plan shall eonstituk tbt• boundari< s of said hlo<'ks. How ·cur-L). Enry SUITcyor shall mark, Ill all blocks whieh han' vilinear !"Ul'v·ilinear boundari\'S, the point::; of beginning and ('llU of ~;~~~~~e

4 each curve having a constant radius and shall mark all four corners of erwh lot on said curvilinear boundary with Iron posts. lG. The iron posts plante1l in aecordance with the two next Iron P •ts l. . J 11 l . • f l J to goY rn preeer mg scetwns s 1a , upon t 1c reg1strat10n o t w pan of survey, ct-Jtablish fol" all purposes whatsoever the true allt! unalterable boumhrit•s of e\·crv lot or block shown on such plan, whether or n()t such iron posts upon admeasurement upon the ground are found to be in the relative position shown on such plan of sun·ey. 17.

Each and every lot. on a rectilinear block bounrlary Lots t shall have a frontage L'l'~lSU!'OtlleDt proportionate to the total ::~~:iop a 0 t~ rlist:wee between the com;• s of tbc block iu the same ratio fronta e. as the frontage litt•asu:·t·Jnent. of t:;aeh lot shown on the rq:'is- Lererl plan bPars to the total distance between the earners of the blol'k shown on sairl plan. 18.

En'l".V surv\'yor employed to sunrey a side or rear boun- ,~nodw r!i re dary of any lot or parcel of !awl as shown on a plan of sub- ltnes o I. ,, · " · l f h · f h' A t h lot~ to e r 1 v;:-;wn 8UIYey register('( a tcr t e passmg o t :s c , w ere :•urvey tlw saitl lim~ is not a blouk bounrlary, shall proceed in such a lllflllllN as to give to each and every lot and lane in the bh·L: \\"hieh r·rmtltins the said lot, diuwnsions proportionate t<> thos•L' 8Jl0Wil on tiw said registered plan. 19.

Notwithstanding auytltin!.! in this Act contained, ]llaus Reglstr - ~ " ~ 11011 of of surveys eOinpldnl on the ground prior to the passing of >nR n t this Act and not Hmtk in accordance thcre\Yith, may, if there;~~~~~~ ac i:-: attached thcrt'to a certificate that the survey \\·us so com- ;i~h th s plckd on the ground, and if such plans are correct in other· c respt~cts, be n'gist<'red by the H.egistrars of Land Titles at any time within one year from the passing of this Act; providvd further, howe,·cr, tJwt all such surveys shall, when the plaus thewof havc' been rl'gistercd, be consitlerPd for thr purposl's of this Act as if JW!dc thercundN.

IiF>I•;ST.\13LlfllDUJNT OF LOST CORNEHS OF SL'BDI\'JSIO:'\' SUHVBYS. :\1ADE UNDEH THIS ACT. 20.

When a snrwyor is ('lll]Jlovcd to make a :-;un·ev in any ne-est:a.b l l . · · f h' ·h 1 h. . d ·f h. llshment of :<\1 K !ViSIOn o \V w a p an as lleen reg1sterc a tor t e lost cor- i mHsing of this Act and is unablP to find the original iron post ners. planted at the corner of any bloek (or lot on a curvilinear bloek houudary) of which lw is re;Juired to re-establish the boundaries, hl' shall obtain tlw h<·st evidence possible of tlw original position of such post, amL if satisfied in regHrd to such position, rc- r'stablish tbc said houndarir•s accordingly by pln.nting a new iron p<mt in lieu of the lost post; llut if in his opinion such eviclenee is inconehwive or untrustworthy he shall proceed a." follows: (

a) If sw·h post is for a b!ock eomer at the intersection~~~~~~~ k of two of the external boundaries of the original lng em; · I l. · · t. · · f th · J" · of orl·gln I su >t !VISIOn, or at he Intc··sectwn o e umer mats subdlvls- of the sb'ets atl.ioinilll' :-;uch t•xternal boundaries, Ion. hP shall join by a sb·aigltt line t.he two nearest undis- puted point~ whieh arc block cornPrs on each of said boundarit s, or limits, and produce the two straight lincH thus determined to an intersection :1nrl shall plant an iron post in re-establishment of the lorot corner at sairl intersection;

5 (

b) If such po~t is for a block corner on one of the external Blo k. cor boundaries of the subdivision, or for a block earner ~~r .. ~~~ l. t tl t . l l l l .

"" rlarles. <H .Pt<'.l'Il • 1erc o Ill ca~Ps w 1cre no ) oe,;: corners were established on such external boundary, as the sanH' is shown on the registered plan thereof, he shall connect hy a strnight line the nearest un<lis- pukd points which arc block corners on, or adjacent to, ~ueh bouw lary \Yhieh are on opposite sides of the lost eonl!'r, an,l shall plant an iron po~t in re e::;tablishment of the lost cornPr on the said line in such manner a~ to rnakP the distancps between it ancl the two undisputed points proportionate to ot1c another in thl' sa me ratio as thosc shown thPrdor on the rPgiskred plan; (

c) In all other mses of lo::;t block conwrs, he shall join Inter r b . I j' l d' l . block cor- (

d) Y stratg 1 ( l!H·S t le two nearest \.Ill ISJlUk< polllts ners. which are block corners, which are on opposite :-itlC's of trw lost comer on each of the st.rC'et lirws whir·h intl·rs<·<·t. at said l'OI'llPr, and shall plant an iron post iu re-establislmwnt of the lo · t corner at th<· intr·r- seetion of tLc two said straight lines: If s:wh post is for a lot corner on a curvilinmr block Ct11·v!l near boundary, lw shall re-establish said boundary as lot co ers. between the two uean•st undisputed points ther!'on wliieh are on opposite sides of the lost cornN, aud which :tn' shown on the registered plan to bP block conu•m, lot conwrs or points of curve, ami shall n· Pstablish thP lost corn!'r on the boundary so r(' eRtablislwd in such a way as to make the distanc·(•s between the said corner and the two undisputed points p;·opo.tionate to one another in the same ratio as those shown tlwrefor on the registcrl'd plan. ln;-ES'l'ABLlHH~lENT OF LUST COlt:\Eitfi OF Sl'HYJ,;ys MADI0 PHIUR TO THIS .\C'T. 21.

Iu subdivision Slll'\'('ys of which plans have been regis- :\tonum ts tN<·cl prior to the passing of this Aet any original monuml'nt ~a~~r; 1 ~~, or post marking a corner of a blor·k, lot, street, lane, park or tt·o this \et otll('r point of tlw S\.ll'"\(•y, the original position of which can ° gove n. lw in any way sati::;factorily established, shall dPtennine tlw true and unalterable position of sueh eorncr, whether upon adnH•asurenteut. on the gmund it is shown to agn•e with the· llll'llSill'l'llll'llt:- marked on tlH· plan oi· not.

IU:-I·;STABLI"\H~I!-;:\"'1' Ol" LOST ('UH:\EHS OF S{'BD1\'181U:\ Sl.R\'l':YH l\lADE l'RIOH TO THIS ACT. 22. \\'h(•n a suryeyor is e1nploy('d to make a tmrve~· in a iRe-estah l:'UIHlivision of which a pl:tn has lwl'll registered prior to the ~;hr;:~rt passing of this Act. and is unable to find the original post corners. planted at the corn!'l' of an~' block or lot of which he is requin•d to re-1·stablish thl' boundaries, or if its orig:ina I position cannot IJl' sat.isfactorily ('Stablislwrl lw shall lll'OCPC'd as follows: (

a) lf such post is for a block conwr hl' shall proceed in Block l 'b d . . l f corners. t w manner prcscn c 111 sPetwn 2n lNco ; (

h) If such post is for a lot cornN hP shall join by u straight Lot I. I 1. d . ··r corners. IIH' t w two nParcst um 1spute pomts, 1 any, on the block boundary on which such eorner occurs on opposite sidr·s of the lost corner, and shall subdividl' t lw distance found by aclnwasurement ou th(• ground between said poiuts, in sueh a way as to give eaelt

6 lot or lane a frontage measurement proportionate to said distance in the same ratio as the frontage measurement shown on the registered plan of such lot or lane bears to the said distance as shown on the plan; if there is no undisputed point on the block boundary on either or both sides of the lost corner, the surveyor c;hnJl first re--establish the block corner or corners and then proceed in the manner above set forth. 2:3.

Notwithstanding anything in this Act contained, in all ~~·osc :c~~i cases where the provisions in regard to re-establishing lost case . corners arc clearly inapplicable every surveyor shall procccd in such manner as to carry out the evident intention of the original survey ns shown on the registered plan of the same. RAILWAY SURVIDYS . . '!~. \\'hen a surveyor is employed to make a survey of the lands required by any railroad company for right-of-way, statim1 grounds or other railroad purposes he :-hall procf'cd as fallows : (

a) He shall make all measurements, both angular and 11eas re- I. h 1' f l 'l l ] 11 ments to lll<'ar on t e centre me o t 1e ra1 way, anc s 1a 11,. rc •rre<l mnkc a.llm(•asurernents to reference posts or to connect ifne~e tre tiw i igltt.-of-\vay to the corners of sections, quarter seetions, settlement lots or other surveyed parcels of land in rderence thereto; (

b) He shall plant an iron post on the southerly or westerly sun·e to I. · f 1 · h f · ,1 h be rna kerl mnt o t 1c ng t-o -way or statiOn grounus at t e with 1 on bt·ginniug aud end of every curve having a constant posts. radius anti at thP intcrst·ction of saitl limit with the southerly or weskrly boundary of each road allowanee, or, where then• is no road allowanct', of each section, settlm11rnt lot or other surveyed parcel of land; and Pach such iron post shall have tlw initial letters of tlH' word:-; composing the name under which such rail- way eompany is incorporated permanently marked thereon to distinguish it from iron posts used for other land surn·ys; (

c) Wherever such centre line intNsects the southerly Interse - l f tion~ w th or westerly bounc ary o a road allowance, or where Janrl ho n- therc is no road allowance, of a Sl'ction, settlement daries. lot or other surn~yed parcel of land, such SUI'\'eyor shall first re-establish the true position of th<~ t\\'o nean•st monuments on said boundary, being on opposite sides of the said centre line, and shall connect the sauw by a straight line, and the intersection of the straight line so established and the saitl centre line shall lw the point of inkrscction shown in his field notes and plan of tl<' survey: (d) \Yhenevl'l' for any rc[JSon it is not possible to post T~lt her li - h 1 1 l I. . f . ] f 1 t may b t e sout -,cry or m ster y mnt o a ng 1t-o -way, postw. such surveyor shall post the northerly or easterly limit thereof; {e) \Yhen the lands required by the raiiway company How pos _ as aforesaid are parts of a block or blocks as shown :Jfv/~~ 0 "~ - on a n~g:sterecl plan of subJh ision an iron post shall n .. be planted at each intc R<'ction of th<' limits of tlw ri~·ht-of-way or station grountis with the boundarit·s of the said block or bloc]·s and t!·e pnsitiou of sucl1 posts shall be connected by adm( asureewnt with

7 the survey of the centre line of the right-of-way and with the nearest corner of the block in which thl'y occur; (

f) The unpost(•d limit of any right-of-way or station Poste lim grounds shall in all cases be determined on the ground ~o;~r . by reference to the posted limit and in accordance with the tdl':t!'Lll'Clllents shown on the registered plan of such i'ight-of-way; (

J) The limit. of t!w ri~ht-of-:vay defined by iron posts ~~~"rt~ ~ue as prescnbed m thts scctton shall, when a plan of hound' rles. the sun·ey i•as been accepted and registered in the proper land titles office, be the true and unalterable limit of said right-of-way, whether or not upon all llleasurement on thP ground the said iron posts are found to be in the same relative position to one anotlwr or to tlw boundaries of the scetion, quarter section, settlement lot or other surveyed parcel of land as the sanw are shown on the plan. ltE-EST.\BLISHi\H;XT OF LOST l'OSTS. 2;').

Whenever a surveyor is employed to rc'-establish the Lost po ts. limit of a right-of-\\·ay and one of the iron posts marking the limit of said right-of-way is lost and its original position can11ot bP satiHfactorily establishcJ, he shall proceed as follows: (

a) If such. rost originally marked the intersection of a limit of thl' saicl right-of-way with the boundary of a road allowance, section, quarter sC'ction, settic Illent lot or othc•r surveyed parcel of laud he shall re-establish the said limit between the two nearrst llll!Js; utcd jJoints on the saiJ limit, which arc Oil opposite sidPs of the lost post, in accorJancc with the measurements shown on the registered plan of said right-of-way, and shall plant an iron post in rc•-establishment of the lust post at the intersection of tlw said limit so re-established and the sa;J bouwlary; (

b) In all other eas<'s such surveyor shall !'<'-establish In other the lit nit of the said right-of-,~·ay hd '\'!'PI! the t\YO cases. nearest undisputed points on the same, on opposite sides of the lost post, in aecorJance with the measure- llH'nts shown on the registered plan of said right-of- way, and shall plant an iron post in 1'\'-cstablislunent of stwh lost iron post on said limit so re-establish~,d in sueh warmer that it is in tht' same t'datiYe positioll in regard to tlte two undisputed points, as it is shown to have occupied, on the said plan.

SUJlVJijYS OF IU!UGA'l'ION WOllKS. 26. \Yhen a surveyor is employed to make a survey of lands ~r~~;~ii'o~ require< l for right-of-way for irrigation ditehes or workR he works. shall make and post such sUJTeys along the• southerly or ''-esterly limits thcrP<Jf to which he shall refer all measurements of thl' survey and in every other respcet he shall proceed iu accordanee with the provisions of this Act, in regard to surn'ys of lands rl'quircd by railroad companies for right-of-\my, station gronndH or other railroad purposes, in so far as the sanw may bt' applieabk. 27. \\'hc•n a. surveyor is employed to make a. survey of lands for right-of-way for any roads n"iUirl'd by a municipality,

8 he shall mark the same on the ground by plantiug iroH po,ts on one limit of the proposed road at its intersection with the southerly or westerly limit of each road allowance, or where there is no road allowance, of each section, settlement lot or other surveyed pan·cl of land, and at each change of direction of tlw said proposed road, and all measurements shall b<' mad<' in reference to tlw posterl limit of such proposed road.

(2) The posts planted in accordanct- with the provisious of this

section shall be numbered consecutively from the point of beginning to the end of the survey and (•aeh post shall have its nu1nl)('r together \vith the letter "R" pern1arHmtly marked thereon.

(3) Each poillt markeJ by an iron post as provided in t.l1is

section sl;all bP further marked by digging four pits, (•ach three feet :-;quare and eighteen inches deep and so placed that two straight lines dra\m through the iron post at right angles to one another shall each pass through the centre of two of the pits awl the in:-~ide edges of pits shall lie on the sidu; of a square whos(• sides are six feet long and whose centrr is thL• iron post. I:\'Sl'ECTIU'<" OF' SUWEYS. 2~.

The director of surveys may on application of a registrar of titles or the council of the Alberta Land Surveyors Asso ciation or for nny other reason he may deem sufficient Jllalw an inspc•ction of any survey required to be made in accordaiiCC with this Act, or order sueh inspPction to be made by such person as he may appoint. ·

(2) Tlw rlh•etor of survrys or any person so appointed by him shall have all the rights and powers conferred upon a ~nrv eyor under the provisions of this Aet, and any pcr::;on interfering or obstructing the said director of surveys, or other pcrs011 making an im;pection under the provisions of this

section shall be deemed guilty of an offPrwe against

section 37 of this Act. (

a) The cost:-; of said insprction shall be borne by the l lepartment. 29. Tlw dirL·etor of surveys or person appointrrl. by him How In~ 1 h · · f h d" · h 11 · f"lpectio to unr er t e provisiOns o t e next precc mg

sectiOn s a mspcct iw moo . the Slll"V<'Y COIH'Nning which complaint has b t n made and ~hall consil1cr a!ly cddence that may haye been pres, nted to the surv1·yor who lllade such su n·l·y; any person Clllpluj·c·cl by tlw director of surveys shaH make 1!. report to him in regard to such inspcdion ancl such returns of the samr as said dircetor of :-;urvcys may require; the said dicector of surveys way takt> such skps as he may consider advisable und(•r thP circumstances and shall make a report 011 his findinp;, or the findings of the person employed by him to the rcgist ·ar of titles applying for ,;uf'h inspection or council of the Alb~·1 ta land ;;urveyors, as the caS(' may be. 30.

Thr· council of any city, Lwu, village or rural muni- .\luniclpal . . · · . counc1l ctpahty may on appliCatiOn of Oill -half of the }Jen;ons regis- may appi tercel or assessed as owners of the lands to be affrcted thereby, for. or of its own motion pr.ss a resolution that it is dcsirab!e to re-survey and plac1• durable• monuments at the corners of any hlol'l,s, lots or oth('r survcyrd parcels of land within the limits of such city, town, \ :Ilage or rural lllunicipality; upon

9 receipt of such resolution the Lieutenant Governor in Council may direct a re-survey to be made of such blocks, lots or other ~urveyed parceb of land and durable monuments to bP placed at the coruers thereof, and appoint a surveyor to have charge of suc:h resurvey under the control and direction of the Minister. (:2) Before commencing any such re-survey public notice thereof shaJ be given ;n two consecutive issu<'s of The Alberta Gazette and once. in cach WC'ek for two consecutive weeks in some newspap!'r publi~hed in the Yicinity of the lands to be affected thereby. (:{) Any person who claims to know the position of oue I~vtd<; or mon' of the monu:HcntA of the original survey, or to be in :~r~~~ pos~wssion of i11formation whereby the position of such monu- Jtlent or nionunH'nts can be established, may give notice thereof by regiAtered letter to the r 1irector of Surveys before the COil1- lilencellWllt of the n'-SUITey. ce Ina!

(4) Before re-establishing anY monument with respect to I't·oou tlon h . t · h b · ' I . l nf evl ence. w 1cu any notice as e('ll g1 vcn t 1e surveyor appomtP( to make such survey shall, by registered letter, request thP person who has given such notice to appear before him at a time and plan' spel'ificd and to show the position of said monument or to product' the evidence in his possession with rt~p;ard tlwreto. 31. Not ],·:-;,; ti1an one "cr·k after the last publication of ~~·~·wt~ r~ the notice as provide!! in the next preceding

section the sur- .nnde. veyor appointed shall procPed to make the re-survey in accord- ancP with the JH'oviHions of this Act, and to place iron posts, or other dmable monuments approved by the Minister, to mark ~eturn of I I I ]1 b . h t f 1 M' . t!'·~urv v. t w Aanw an• s 1a. su 'lilt sue rt' urns o sun'cy as t 1c mister · may require. 32.

Upon n'ct>ipt of thP return~ of survey the 11inister shall \~~~ft~'r - ('.alls<' a notieP thereof to bl' in:-;ertl'd in two consecutive issurs survey. of The Alberta Gazette and once each wPck for a period of four eonsecutivP weeks in some newspaper published i11 the vicinity of the lands J e-:-;ur, !')'( d, aml shall specify in the ncticP a day, not lPHS than ten days from tlw date of the last ru bJication of such notice, on whir·h tl.c return,; of survey will be considered, and the partie;; affected thereby hmnl, and on the lwaring the :Vlinistcr may eithCI" confirm the survey or direct Aueh amend- llJcnts or eorrcctions to be made as shall S('Clll just, and shall confirm tlw survey so amended or corrected, and the lltOJ:uments so <'sLablished sl>all dwreafkr 1, .ark the 1Wl"lllltncnt boundarv lines of the lands re-surwyed to all intt;nts and purposes ';f bw whatsoevN, and the ordN of the Minister confirming the sa1d ,;mvcy t:>hall tx~ final and eonclusiw upon all paitieA, and shall not lw que~tioned in any court wlmtsoewr, whether the old monumpnts marking tlw original ~urvey, or any of them, be subsequently found or their position proved b:--· other eYideuce or not. :;a.

All CXJ>cn~cs in <'OillH'etion with any re-SUIYcy or placing; :.lunicipa' of ll10illlll1ents under the provisions of the four next pr<'Cl'ding I~"~~uvrert :-''·et.i,ms of this Aet shall bt' paill by the treasurer of the mnni- ~o~t~ "or • 1• l · h I 1 l" · f l ~un·ey. ('lp;tt~ty \VHC ma<r' t1e appwat!On or sue1 re-survey ou LlH' cPrtificaks of the Minister, which cNtifieatr•s may bP issued from time to tinw as the surv0y progn'SSl'S in his discretion. 3-J.. \\.it(•Jwv(•r application for such re-survey has been made by OJil'-half the persons registered or assessed as ownNs of the ands to be aff< eted thereby as hNPinbPfore proYided, the

10 council of such city, town, village or mral municipality shall cause to be laid before it an estimate of the amount requisite to defray the expenses to be incurred in making any :-<uch re-snrY<'Y and placiug any monuments under the provisions of

section :30 and the following sections, and such amount shall be added to and form part of the taxes of the lands affected for munieip:-d pur[Joscs in proportion to tlw assessed value of such lands :\s shown by the lm;t revised as;;t·ssinl'nt roll and such alllount may lJe •'f'COYered by any of the modes available for the recovery of taxes: Provided that tlw emwcil may without a previous estimate levy on lands affected in tlw proportions aforesaid the amount of the <'XllCllSl s whell tlw samP shall have been incurred and ascertained and the eertificates of the Minister certifying the amount :>[such r•XJH'm:p as aforesaid shall be t·onclusiw evidence of the amount thereof. :ti. \Vhere an application is made by any such council upon its own motion, su('h eouneil if it deems the application to be in the pub:ic inte:'l·;;t in a:-::-:isting to determine tlw boundarief:-: or limits of any sueh publiC' road, or highway or the like, may pay out of the general funds of the HJUnicipality either thP whole of tlw t~:·:pen:-:e of such part thNeof as the council may tll•em proper, alll1 in the eveut of the council paying part only of the expense out of the g('tlCral funds the council may order Llmt t.lw I'l'lila i ndPr of tiw CXIJeu:,;e bl' levil'd on the owners in the proportion :wd lllalll!PI' provided in thP next preceding Sl'ctiou.

Pl~ltSONAL SUPI~ItviSION. 36. All sun-cy:-: made under this Act must be made in pert:lon r•crson._t · . . ., pervlls- on the ground by the surveyor certtfymg to the correctness ton. thereof and a certificate in the fonll A in the

schedule to this Act a tt.ached to auy plan of a :-:urvey shall mean that the sun cy rPprescntcd by such plan bas bccu actually carried out by t iw sun·eyor making tl1P same, under his personal supervision :!.'lll din·ction on the gi·ound, in such a mannn tluct hl' i:o certaiu of its corr('ct exeeution, that the SlllY<·y has bcl~n fully posted and ('Oill]Jll't('(l 011 thP grmtw! and that th<' system of smTc·y c·mployc·d Ita;; been in all respects in accordance with all the provision:-; of this :\l't. :~7. If any person or persons, i11 any part of thii' pmvilll·<',. •ll.,truct- .

I l . 1 I l l '1 . 1 no· Sur-l lllt~·tTupts, ttiO <·sts or llll< ers any am surveyor, \Y tLe lll veyor. th<· dischar~e of his tlnty as a smwyor, such person or persons :-<hall be guilty of [til offl'nee and on

summary conviction thereof lwfon~ a justice of tlw ppact· be liable to a fin<' not exceeding hfty dollars (:S;)().Otl l or to imprisu!llil('llt for a term not Pxcet·d- ing two months, or to both f1ne and imprisonment; but nothing in this S!'ctiou eonlained shall prejudice• or affect any civil t'l'Htedy whieh ;;tH·h sun·eyor or any other party may have against ,..;uch ofknder or offend('rs by reason thereof. 3S. Nothin;~ herein containPd shall be deemed in any way to apply to sttr.·t·y:-: of Dominion lands or any other surveys nmde under the authority of any department of the Govem ment of Calla( la.

RE~IOVI:\G OR DEFACI:'>IG LAND MARKS. ~t'(' The Cri111illol Curle, R .8. of C., cap. 14(i, sees .. 531 an I ;)T!.

11 Sfnl.EDULE. FoRM A. I, . . . . . . . . . . . . . . . . . . . ........ , Alberta Land Surveyor, do solemnly declare that the survey represented by this plan has been made by me in accordance with the provisions of The Alberta Surveys Act, and that this plan is correct and true to the best of my knowledge and belief and is prepared in accord ance with the provisions of The Land Titles Act. Declared before me ................ } this . . . . . . . . . . . . day of. . . ...... . 19 ..... . FoRM B.

I, ............................ , Alberta Land Surveyor, do solemnly declare that the survey represented by the fore going field notes has been made by me in accordance with the provisions of The Alberta 8·urveys Act, and that the said field notes are correct and true to the best of my knowledge and belief. Decl?'red before me ................ } tlus. . . . . . . .... day of. ........ . 19 ..... .

No.45 THIRD SESSION SECOND LEGISLATURE 2 GEORGE V 1911 BILL

An Act respecting Surveys. Received and read the First time .................. . Second time . . . . . . . . ....... . Third time ..... ··········· · · RoN. A. L. SwroN EDMONTON: JAMES E. RICHARDS, Government Printer t\..D. 1911 Title: 1911 (2nd, 3rd) Bill 45,

An Act respecting Surveys

Document details

Collection	Alberta — Bills
Citation	L2 S3 10750
Type	bill
Volume / chapter	L2 S3 10750
Language	en
Format	json
Source	PROVINCIAL
Identifier	63295410c00c9f801390bc4fce664aaddfc56ee8

Source file is stored in the law ingest library (json).