Boundaries and Surveyors Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

V ICTORIB REGINB.

A. D. 1859..

No, 13.

An Act to provide for the Dejinition of Boundaries of Rtcns and the	Xurvey of Lands for Mineral purposes by means o f Licensed
Surveyors.

[Assented to, 1st September, 1859.1

HEREAS questions arise, from time to time, as to the correct Preamble.

W boundaries of Waste Lands of the Crown, held under pastoral leases: And whereas it is not expedient to make such addition, at present, to the Officers of the Survey Department, as would enable the Commissioner of Crown Lands and Immigration to employ Government Surveyors in surveying the boundaries of such runs: And whereas it is expedient that lessees of Crown Lands should be pro- vided with means whcreby the said boundaries may be authoritatively

4+-

defined: And whereas there arise, from time to time, nunlerous

applications for the survey of small blocks of land for mineral leases, which blocks of land are, for the most part isolated, and at a con- siderable distance from Adelaide: And whereas the survey of such blocks of land, by the Government, would entail much expense on the Government, which expense it is not desirable to incur-& it therefore Enkcted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows :-

l, It shall be lawful for the Commissioner of Crown Lands and Government to

Immigration to appoint, f~ the purposes of this Act, fit and proper appoint Licenacd Sur~eyors.

persons, whose qualification?i%irTe E c e sfialnlave been satisfac- torily ascertained by the Swveyox-General, without salary, to be termed Licensed Surveyors. 2, Surveys

Government will

accept survep of 2. Surveys of the boundaries of runs, and surveys of Sections

Lieertiled a~vep.om. of Waste Lands of the Crown for lease, for mineral purposes, being made by such Licensed Surveyors, shall, on verification by the Surveyor-General, be accepted by the Government, and adopted in all questions between the Government and the occupiers of any demised land, and between the occupiers of any demised land, as the correct boundaries of such runs, or the correct surveys of such sections.

Licensed Surveyor	3. In the event of the lessee of a run objecting to the employ- Surveyor to lay down a disputed boundary, such lessee shall make application to the office of the Surveyor-General, with a statement of the reasons-far such obiection, for another licensed Survevor to be nominated by the ~ o v e b m e n t to lay down such disputed bbundary; and the Government, should they conceive such objection to be founded on proper grounds, shall nominate some other licensed Surveyor, whose decision; after verification by the Surveyor-General, shall be final: Provided that such licensed Surveyor shall define
ta be named bp	ment by the lessee of the adjoining run of any particular Licensed
Qoyenunent.
the boundaries of runs, according to the priority of application for
leases of such runs, and shall have regard to the natural features of the country, as particularly set forth and delineated in the plans annexed to such leases, and according to which they were originally claimed.
8urveyora to be
examined prior to	4. Surveyors applying to be Licensed, for the purposes of this Act, shall submit to an examination by the Surveyor-General, or other person or persons appointed by the Surveyor-General, who shall enquire into the qualifications of such applicant, and shall also, if necessary, require from such applicant testimonials of good character and ability.
h u e of licence.

objected to, Surveyor

Surveyors to	make	5. Such Surveyor, prior to receiving a licence, shall make a declara- tion, on oath, before one of Her Majesty's Justices of the Peace for the said Province, in the form annexed in Schedule A, that he will perform all surveys entrusted to him with strict impartiality,
declaration.

6. Every Surveyor, on making auch declaration, and having been

duly recommended for a licence, shall receive a licence according to

Form B, signed by the Surveyor-General.

Fee to be paid. 7. Every Surveyor shall pay to the Colonial Txeaswrer the sum of

Five Pounds, for such licence aforesaid.

8. I t shall be lawful for any Licensed Surveyor to charge and

receive from such party or parties making application for such sur-

veys, such feels as are provided for in Schedule C.

Licencs may be

revoked.	9. It shall be lawful for the Commissioner of Crown Lands and Immigration, on the report of the Surveyor-General, to revoke such
licence at any time, by notice in the Qovemmnt Gazette.

Short title of Act.	10. This Act may be cited as "The Licensed Surveyors Act, 1859."
Commencement of
Act.	11. This Act $hall take effect from the passing thereof.

SCHEDULE8

SCHEDULES REFERRED TO.

I, A. B., do hereby solemnly and sincerely declare that I will, to the best of my ability. and without partiality, favor, or affection, correctly survey and delineate the boundaries of such Waste Lands of the Crown, as may be entrusted to me to be sUTxf&j. - '-- A--- --- - -.

This is to certify that A. B., having satisfactorily proved his qualifications as a

Surveyor, is hereby licensed for the survey of Waste Lands of the Crown, either fat the purpoue~Z t h e ~ a G t h ~ F f i 3 0 u n d a r i e S O f rutm, or for the survey of new

cldrns, or for the survey of claims for mineral leases.

A. B., Surveyor-General.

C i€ a. d.

For every day employed upon any survey, including the time occupied

in travelling, and one original chart or plan of such survey, furnkhed

to the employer and one copy of plan and field notes furnished to the Surveyor-General, an amount not exceeding (exclusive of wages and

expenses of party). . .. . . ,. +. . D U .. 2 2 0

Adelaide : Printed by authority, by W. C, Cox, Government Printer, Victoria-aqare.