Bill 45 (Legislature 10, Session 5)

L10 S5 7291

Alberta — Bills

Bill No. 45 Df 1948. A BILL'TO AMEND THE ALBERTA SURVEYS ACT. NOTE. This Bill amends The Alberta Surveys Act. The amendments to both sectiDns 35 and 78 were request ed by the Alberta Land SurveYDrs' Association. In both cases the proposed amendment is to provide for more ex tensive marking and re-marking of corners with iron posts with the obj ect of maintaining, as far as possible, the origin al locations of such corners.

The first amendment would require the placing of posts not only at the actual block corners, but also secondary or reference posts in the vicinity of the corner for the purpose of defining the corner in case the principal post becomes removed or destroyed. The second amendment extends the present provisions of

section 78 so that they apply not only to section, quarter

section Dr legal subdivision ,corners when first established, but also to cases where the surveyor re-establishes such a ,corner at which the original survey post ,can no. longer be found. ' W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 45 of 1948.

An Act to amend The Alberta Surveys Act. (Assented to , 1948) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. The Alberta Surveys Act, being

chapter 75 of the Re vised Statutes of Alberta, 1942, is hereby amended as to

section 35 by striking out the same and by substituting there for the f.ollowing: "35.-

(1) Block corners so established shall also be re ferenced by planting iron posts or bars at convenient points in the vicinity of as many block corners as may, in the opinion of the Director of Surveys, be necessary to facilitate the future re-establishment of the block boundaries in the event that the posts 'at the block corners become lost or de troyed. "

(2) Such reference posts or bars shall be of a different type from those r,equired to be placed at block corners and shall govern the position ofa lost block corner or c.orners. "

(3) Full particulars .of said iron posts or bars and of their locations shall be recorded in the field notes and be shown on the plan.". 2. The said Act is further amended as to

section 78 by striking out the same and by substituting therefor the fol lowing: "78.-

(1) If, in the execution of a survey, a surveyor establishes any corner of a section, quarter-section or legal subdivision which was not previously marked by any m.onu ment .or if he re-establishes the position of any corner of a section, quarter-section or legal subdivision which has pre viously been marked by a survey post, with .or without pits or a mound or trench, and at which such survey post can be longer be found, he shall mark with an iron post every corner so established or re-established by him and shall pre pare a C.oPy .of the plan .of survey so made by him and certify that the same is a true copy of the plan of which it purports to be a copy or, if no plan of the survey is otherwise required to be prepared, he shall prepare a plan showing the location of any corner or corners so established or re-established and details .of the evidence or method by which such establish ment or re-establishment was effected, together with the

2 date of the survey, and shall certify that such survey and plan have been made in accordance with the provisions of this Act. "

(2) Every certified plan or copy of a plan required to be prepared under the provisions of subsection (1) shall, within sixty days after the completion of the survey, be transmitted 'by the surveyor to the Director of Surveys, and upon approval .of the plan or a copy thereof by the Director of Surveys, the same shall be forwarded by him to the Registrar of Land Titles for the Land Registra tion District in which the land to which it relates is situate, and upon "receipt thereof the Registrar shaH cause it to be filed in his office.". 3. This Act shall come into force on the day upon which it is assented to.

FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL A Bill to amend The Alberta. SurveyS' Act. Received and read the First time ....................................... . Second time .. Third time ..................................... . RON. MR. FALLOW. EDMONTON: A. Shnitka, King's Printer 1948 Title: 1948 (10th, 5th) Bill 45,

An Act to amend The Alberta Surveys Act

Document details

Collection	Alberta — Bills
Citation	L10 S5 7291
Type	bill
Volume / chapter	L10 S5 7291
Language	en
Format	json
Source	PROVINCIAL
Identifier	ade78a8d55398351f9734a1d1ae5ba3177d65947

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