If a township

corner.

If on the outlines.

If on the

outline and other monuments are lost.

If in the interior.

If on meridian boundary.

Road allowance to

account.

but if the position of the same cannot be satisfactorily so ascertained he shall proceed as follows:—

(a) If the lost monument is that defining a township corner he shall report the circumstances of the case to the SurveyorGeneral, who shall instruct him how to proceed;

(b) If the lost monument is on one of the outlines of a township, or on one of the interior meridian section lines of a township, he shall connect by a straight line the nearest section or quarter-section corners found on such outline or such interior meridian section line, and divide such straight line into such number of quarter-sections as the same contained in the original survey, giving to each a breadth proportional to the breadth shown on the official plan of the township;

(c) If the lost monument is on the outline of a township and all the monuments between it and the corner of the township, together with the monument defining the said corner, are also lost, the township corner shall be re-established, as aforesaid, previously to re-establishing the outline of the township;

(d) When the lost corner is that of a quarter-section on a section line running east and west in the interior of a township, the surveyor shall connect by a straight line, the opposite section corners on the meridian boundaries of the section and give to each quarter-section a breadth proportional to the breadth shown on the official plan of the township;

(e) When a corner on either of the meridian boundaries of the section is also lost, such meridian shall be re-established previously to re-establishing the east and west line.

2. Whenever a surveyor places a monument, as aforesaid, to be taken into re-establish a lost corner, he shall duly take into account any allowance for a road or roads; and the corner, or division or limit so established, shall be the true corner, or division or limit of such township, section or quarter-section.

Exception.

Qualified to survey.

Board of examiners.

3. Notwithstanding anything in this section provided, resurveys of Dominion lands may be made, on the order of the Minister, in such manner, not inconsistent with the other provisions of this Act, as he may direct.

SURVEYORS.

32. No person shall act as surveyor of any lands to which this Act applies unless he was, before the fourteenth day of April, 1872, duly qualified by certificate, diploma or commission, to survey Crown lands in some one of the provinces of Canada, or has become qualified under the provisions hereinafter set forth.

BOARD OF EXAMINERS.

33. There shall be a Board of Examiners for the examination of candidates for admission as articled pupils, for commissions as Dominion land surveyors or for certificates as Dominion topo

graphical surveyors, which shall consist of the Surveyor General and two Dominion topographical surveyors appointed from time to time by the Governor in Council; and the meetings of the Board shall commence, at the city of Ottawa, on the second Monday in the month of February in each year, or at such other places and at such other times as the Minister directs: Provided that due notice thereof shall be given in The Canada Gazette.

34. Every member of the Board shall take an oath of office, Oath of in the form A in the schedule of this Act, which shall be admin- office. istered by a judge of any court in Canada.

35. The Board shall, from time to time, appoint a fit and Secretary. proper person to be secretary thereof who shall keep a record of its proceedings.

tions.

36. The Minister may cause examinations of candidates for Examinaadmission as articled pupils or for commissions as Dominion land surveyors, to be held at such times and places as he directs, by one of the members of the Board or by a special examiner who is a Dominion land surveyor, and is appointed thereto by the Governor in Council; but notice thereof shall be given for four consecutive weeks in The Canada Gazette; and such examinations shall be subject to the rules and regulations made by the Board in that behalf, and shall have no effect unless they are conducted in accordance with such rules and regulations, and are subsequently approved by the Board.

board pro

37. The Governor in Council may appoint one or more Filling Dominion topographical surveyors for the purpose of filling vacancies on the place of any member or members of the Board who may, tem. through illness or other cause, be unable to attend any meeting of the Board.

be notified by

38. Every person who desires to be examined by the Board Secretary to shall notify the secretary in writing at least one month pre- candidate for viously to the meeting of the Board, and shall, with such notice, examination. transmit the fee hereinafter prescribed.

for admission

39. No person shall be admitted as an articled pupil with Examination any Dominion land surveyor unless he has previously passed as articled an examination before the Board, or before one of the members pupil. thereof, or before a special examiner as hereinbefore provided, as to his knowledge of arithmetic, algebra, including quadratic equations, plane geometry, plane trigonometry, spherical trigonometry as far as the solution of triangles, the mensuration of superficies, and the use of logarithms, and in penmanship and orthography, and has obtained from the Board a certificate of having passed such examination.

Conditions precedent to

for

commission.

40. Except as hereinafter provided, no pupil shall be entitled examination to be examined for a commission as a Dominion land surveyor unless he has previously served regularly and faithfully for and during the period of three years, under articles in the form B in the schedule to this Act, as pupil of a Dominion. land surveyor, and unless he produces an affidavit from such surveyor in the form C in the schedule to this Act, together with his own affidavit in the form D in the schedule to this Act, that he has so served; or, if for some good and valid reason an affidavit cannot be produced, unless he produces such evidence of service as the Board requires: Provided that such three years' service shall include at least twelve months' actual practice in the field.

Transfer of pupil.

Variation of form when pupil is of age.

Completion of

terin with another surveyor.

Duplicate of articles and of transfers to be transmitted to Board.

41. Any Dominion land surveyor may, by an instrument in writing, in the form E in the schedule to this Act, transfer a pupil, with his own consent, to any other Dominion land surveyor, with whom such pupil may serve the remainder of his term; but such pupil shall not be entitled to examination unless he produces the affidavits of both surveyors in the form C in the schedule to this Act, together with his own affidavit in the form D in the schedule to this Act, that he has so served: Provided that, if such pupil is unable to obtain the surveyors' affidavits, as aforesaid, the Board may accept evidence of service, in such form as it sees fit.

42. If a person who enters into articles pursuant to the provisions of this Act is, at the time of so entering, of the full age of twenty-one years, the form B in the schedule to this Act, and, in the event of his being transferred under section 41 of this Act, the form E in the said schedule, may be so varied as to provide for the articles being entered into and the transfer made on the responsibility of such person himself without reference to the consent and approbation of his father or of any other person.

43. If any Dominion land surveyor dies or leaves Canada, or is suspended, or has had his commission as a surveyor cancelled, his pupil may complete his term under articles, as aforesaid, with any other Dominion land surveyor.

44. Articled pupils shall transmit to the secretary of the Board, by registered letter, within three months of the date of their articles, a duplicate thereof, together with a fee of two dollars for filing the same; and they shall also transmit to the secretary, by registered letter, within three months of the transfer, if any, of their articles, a duplicate thereof; and the secretary shall acknowledge the receipt of such papers and shall file and keep the same with the records of the Board: Provided that, in any case in which a duplicate of the articles

of a pupil or of the transfer of articles is not transmitted to the secretary of the Board within a period of three months, as aforesaid, the time of service of the pupil under the said articles or transfer shall count from the date of the receipt of the duplicate thereof by the secretary.

Provincial

45. Every person who subsequently to the 14th day of As to April, 1872, was or becomes qualified by certificate, diploma land or commission to survey lands in any province in Canada, and surveyors. who, in order to become so qualified, has,—

(a) served a term, under articles to a surveyor, similar to the term prescribed by this Act, and,

(b) passed an examination, before the Board of Examiners of the province for which he is so qualified, in the subjects prescribed by this Act for the examination of candidates for commissions as Dominion Land Surveyors and as articled pupils, shall be entitled to obtain a commission as a Dominion land surveyor without further service, and without being subjected to any examination other than with respect to the system of survey of Dominion lands:

Provided that if, in the opinion of the Board,

(a) the service of such person is not equivalent to that required by this Act for pupils of Dominion land surveyors, or

(b) the subjects of such examination for certificate, diploma or commission of a surveyor of Crown lands in the province for which such person is so qualified are not sufficiently similar to those by this Act prescribed for qualification as Dominion land surveyors,

the Board may, in its discretion, require the candidate to complete such further term of service or practice in surveying and may examine him in such of the subjects prescribed by this Act, as may appear necessary.

surveyors

46. Every person who shows, to the satisfaction of the As to Board of Examiners, that he has duly qualified as a surveyor qualified in of lands in any part of His Majesty's dominions other than any part of the Empire. the provinces of Canada, and that he has had at least two years' practice either as a surveyor or as a pupil to a surveyor (of which practice at least six months has been in the field), shall be entitled to a commission on passing an examination in such subjects as are prescribed by this Act for the examination of candidates seeking to become articled pupils and Dominion land surveyors; and on his producing an affidavit from a Dominion land surveyor in the form C in the schedule to this Act, together with his own affidavit in the form D in the schedule to this Act, that he has, in addition to the service aforesaid, served for one year with such surveyor, inclusive of at least six months' actual practice with him in the field.

47. Every graduate in surveying of the Royal Military As to graduaCollege of Canada, and every person who has followed a regular tes of Royal

Military

College and other graduates.

Examination

for

commission

course of study in all the branches of education required by this Act for admission as Dominion land surveyor, for at least two years, in any college or university where a complete course of theoretical and practical instruction in surveying is organized, and who, after examination, has thereupon received from such college or university a diploma or certificate, shall be exempt from serving three years as aforesaid, and shall be entitled to examination after one year's service under articles with a Dominion land surveyor, including six months' actual practice with him in the field, on producing an affidavit from the said surveyor in said form C, together with his own affidavit in said form D, that he has served for one year as herein provided; but it shall rest with the Board to decide whether the course of instruction in such college or university meets the requirement of this section.

48. Except as in this Act otherwise provided, no person shall receive a commission from the Board authorizing him to as a surveyor. practise as a Dominion land surveyor until he has complied with the requirements of this Act in that behalf, nor until he has attained the full age of twenty-one years and has passed a satisfactory examination before the Board or before a member thereof, or before a special examiner as hereinbefore provided, in the following subjects:

Examine candidate on oath.

(a) plane and solid geometry;

(b) spherical trigonometry, as far as the solution of triangles; (c) the use of logarithms;

(d) the measurement of areas, including their calculation by latitude and departure;

(e) the dividing or laying off of land;

()the elements of astronomy and their practical application. in the determination of latitude, longitude, time and azimuth:

Provided that no commission shall issue unless the Board is satisfied that the person is well informed as to the system of survey prescribed by this Act; that he is conversant with the manual of instruction for the survey of Dominion lands, issued from time to time, under the authority of the Minister, by the Surveyor General for the guidance of Dominion land surveyors; and that his practical knowledge is such that

(a) he can properly conduct surveying operations and report on the same;

(b) he can correctly keep field notes and plot and represent the same on plans of survey;

(c) he can describe land by metes and bounds for title;

(d) he can properly adjust and use ordinary surveying instruments.

49. The Board may examine any candidate on oath, which oath may be administered by any one of the examiners, as to