Proviso. journals and mark any limit, boundary or angle of any township, section or other legal subdivision, lot or parcel of land in Manitoba, or the NorthWest Territories, such person 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 one hundred. dollars, 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 for damages occasioned by reason of such offence: Provided that nothing in this Act shall extend to prevent Deputy 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. Deputy Sur- 103. Every Deputy Surveyor shall keep exact and regular veyors to keep journals and Field Notes of all his surveys of Dominion lands, and field notes, and file them in the order of time in which the surveys shall have been furnish copies performed, and shall give copies thereof to the parties concerned to parties concerned. Allowance to Deputy Surveyor for a witness. when so required, for which he is hereby allowed the sum of one dollar for each copy, if the number of words therein do not exceed four hundred; but if the number of words therein exceed four hundred, he is allowed ten cents additional for every hundred words over and above four hundred words. 104. There shall be allowed to every Deputy Surveyor summoned to attend any Court, civil or criminal, for the purpose of attendance as giving evidence in his professional capacity as a Surveyor, for each day he so attends (in addition to his reasonable travelling and living expenses), and to be taxed and paid in the manner by law provided, with regard to the payment of witnesses attending such Court, five dollars.. Governor in withdraw half-breed this Act, and of lands and GENERAL PROVISIONS. 105. The Governor in Council shall, at any time hereafter, subCouncil may ject to then existing rights, as defined or created under this Act, Indian withdraw from the operation of this Act, such lands as have been Reserves and reserved for Indians or may be required to satisfy the Half Breeds lands from the claims created under section 31 of the Act 33 Victoria, chapter 3, operation of and also land to such extent as may be required for Railway purmay alter price poses, and further, may, from time to time, make such Orders as he may deem necessary to carry out the provisions of this Act according to their true intent, or to meet any cases which may ment thereof. arise and for which no provision is made by this Act, and may, from time to time, alter or revoke the same and make others in their stead, and such Orders shall be published in the Canada Gazette, and in such newspapers as the Secretary of State may direct, and shall be laid before Parliament within the first ten days of the session next after the date thereof. terms of sale and settle Before whom affidavits &c., 106. All affidavits, oaths, solemn declarations or affirmations may be taken, required to be taken or made under this Act may be taken before the the Judge or Clerk of any County or Circuit Court, or any Justice of the Peace, or any Commissioner for taking affidavits, or any Dominion Lands Agent or Officer, or any person specially authorized to take such affidavits by the Secretary of State. in lieu of 107. In any case where an affidavit or oath is required by this Affirmations Act, a solemn affirmation may be administered and made instead oaths. of an oath, by any person who is by law permitted in civil cases to make a solemn affirmation instead of taking an oath. PREVIOUS ORDERS IN COUNCIL. Orders in 26th May, 108. All proceedings properly taken under the respective Orders in Council on the subject of the Public Lands in the Pro- 25th April, vince of Manitoba, dated the twenty-fifth of April, one thousand 1871, and eight hundred and seventy-one, and the twenty-sixth of May fol- 1871, conlowing the said date, are hereby confirmed, and the said respective firmed. orders, (except such of the provisions thereof as may be inconsistent with the provisions of this Act, and which are hereby revoked), shall be and remain in force. I, SCHEDULE. FORM A.-See Clause 33. APPLICATION FOR A HOMESTEAD RIGHT. of do hereby apply to be entered, under the provisions of the Act respecting the Public Lands of the Dominion, for cuarter quarter sections, numbers forming part of section number containing and Township of of the acres, for the purpose of securing a homestead right in respect thereof. FORM B.-See Clause 33, Sub-clause 7. AFFIDAVIT IN SUPPORT OF CLAIM FOR HOMESTEAD RIGHT. I, A. B., do solemnly swear (or affirm as the case may be), that I am over twenty-one years of age, and that my application for leave to be entered for lands with a view of securing a homestead right therein, is made for my exclusive use and benefit, and that the entry is made for the purpose of actual settlement. So help me God. FORM C.-See Clause 74, Sub-clause 1. OATH OF MEMBERS OF BOARD OF EXAMINERS. I, A. B., do solemnly swear (or affirm as the case may be), that I will faithfully discharge the duty of an Examiner of Candi dates, dates for Commissions as Deputy Surveyors of Dominion lands, according to law, without favor, affection or partiality. So help me God. FORM D.-See clause 76. ARTICLES OF PUPIL TO DEPUTY SURVEYOR OF DOMINION LANDS. THESE ARTICLES OF AGREEMENT, made the one thousand eight hundred and day of between A. B. of a Deputy Surveyor of Dominion lands (or, as the case may be), now practising in the capacity of a Deputy Surveyor of Dominion lands, of the one part, and C. D. of and E. F. son of the said C. D. of the other part, witness : That the said E. F. of his own free will, and by and with the consent and approbation of the said C. D. doth, by these presents, place and bind himself pupil to the said A. B. to serve him as such from the day of the date hereof, for and during and until the full end and term of three years from hence next ensuing, and fully to be completed and ended. And the said C. D. doth hereby, for himself, his heirs, executors and administrators, covenant with the said A. B., his executors, administrators and assigns, that the said E. F. shall well, and faithfully, and diligently according to the best and utmost of his power serve the said A. B. as his pupil in the practice or profession of a Deputy Surveyor of Dominion lands, which he the said A. B. now followeth, and shall abide and continue with him from the day of the date hereof, for and during and unto the full end of the said term of three years. And that he the said E. F. shall not, at any time during such term, cancel, obliterate, injure, spoil, destroy, waste, embezzle, spend or make away with any of the books, papers, writings, documents, maps, plans, drawings, fields notes, moneys, chattels or other property of the said A. B., his executors, administrators or assigns, or of any of his employers; and that, in case the said E. F. shall act contrary to the last mentioned covenant, or, if the said A. B., his executors, administrators or assigns, shall sustain or suffer any loss or damage by the misbehavior, neglect or improper conduct of the said E. F., the said C. D., his heirs, executors, or administrators, will indemnify the said A. B., his executors, administrators or assigns, and make good and reimburse him or them the amount or value thereof. AND FURTHER, that the said E. F. shall at all times keep the secrets of the said A. B. in all matters relating to the said business and profession, and will, at all times during the said term, be just, true and faithful to the said A. B. in all matters and things, and from time to time pay all moneys which he shall receive of or belonging to or by order of the said A. B. into his hands, and make and give true and fair accounts of all his acts and doings whatsoever in the said business and profession, without fraud or delay, when and so often as he shall thereto be required; and w readily and cheerfully obey and execute his lawful and reasonable commands, and shall not depart or absent himself from the service or . or employ of the said A. B. at any time during the said term without his consent first had and obtained, and shall, from time to time, and at all times during the said term, conduct himself with all due diligence, and with honesty and sobriety. And the said E. F. doth hereby, for himself, covenant with the said A. B., his executors, administrators and assigns, that he the said E. F. will truly, honestly and diligently serve the said A. B. at all times, for and during the said term, as a faithful pupil ought to do in all things whatsoever in the manner above specified. of lawful money IN CONSIDERATION WHEREOF, and of by the said C. D. to the said A. B., paid at or before the sealing and delivery of these presents, (the receipt whereof is hereby acknowledged) the said A. B. for himself, his heirs, executors and administrators, doth covenant with the said C. D., his heirs, executors and administrators, that the said A. B. will accept and take the said E. F. as his pupil, and that he the said A. B. will, by the best ways and means he may or can, and to the utmost of his skill and knowledge, teach and instruct, or cause to be taught and instructed, the said E. F. in the first six books of Euclid, in plane trigonometry, in mensuration of superficies, in the keeping of field notes, in plotting and map drawing, in spherical trigonometry, in astronomy and geology, in practical surveying operations and in the use of instruments, and generally in the art, practice and profession of a Deputy Surveyor of Dominion lands, which he the said A. B. now doth, and shall at all times during the said term, use and practice, and also will provide the said E. F. with all the necessary and reasonable expenses incurred in transacting or performing the business of the said A, B., and also will, at the expiration of the said term, give to the said E. F., a certificate of servitude and use his best means and endeavours, at the request, costs and charges of the said C. D. and E. F., or either of them, to cause and procure him the said E. F. to be examined before the Board of Examiners of candidates for commissions as Deputy Surveyors of Dominion lands: Provided the said E. F. shall have well, faithfully and diligently served his said intended pupilage. And for the true performance of all and every the covenants and agreements aforesaid, according to the true intent and meaning thereof, each of them the said A. B. and C. D., doth bind himself, his heirs, executors and administrators, unto the other, his heirs, exccutors, administrators and assigns, in the penal sum of Five Hundred Dollars, firmly by these presents. IN WITNESS WHEREOF the parties aforesaid have hereunto set their hands and seals, the day and year first above written. FORM E.-See Clause 87. COMMISSION AS DEPUTY SURVEYOR OF DOMINION LANDS. This is to certify to all whom it may concern that A. B., of hath duly passed his examination before the Board of Examiners, and hath been found duly qualified to fill the office and perform the duties of Deputy Surveyor of Dominion lands, he having complied with all the requirements of the law in that behalf: Wherefore he the said A. B. is hereby duly admitted to the said office, and commissioned for the discharge of the duties thereof, and is by law authorized to practice as a Surveyor of Dominion lands in Manitoba and the North-West Territories. In Witness whereof We, the President and Secretary of the said Board, have signed this Commission, at on this and day of , one thousand eight hundred C. D., Preamble. Certain works declared to be within the said Act, and Public Works. CAP. XXIV. An Act to remove doubts under the Act respecting the FOR [Assented to 14th June, 1872.] OR the removal of doubts under the Act passed in the thirtyfirst year of Her Majesty's Reign, and intituled: "An Act respecting the Public Works of Canada," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, declares and enacts as follows: 1. Every canal, lock, dam, hydraulic work, harbour, pier, public building, or other work or property of the nature of any of those mentioned in the tenth section of the Act cited in the preamble to under control this Act, acquired or to be acquired, constructed or to be construcof Minister of ted, extended, enlarged, repaired or improved, at the expense of the Dominion of Canada, or for the acquisition, construction, repairing, extending, enlarging, or improving of which any public money has been or shall be hereafter voted and appropriated by Parliament, and every work required for any such purpose, is and shall be a public work under the control and management of the Minister of Public Works, and all the enactments and provisions of the said Act and of any Act amending it, do and shall apply to every such work |