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Section 27 (2): Repeal .

Status not yet checkedAn Act to amend the Crown Lands Ordinance, 1960, Sierra Leone

CHAPTER 128 SURVEY An Ordinance to Provide for and regulate the Survey of Lands and the Licensing of Surveyors. (1ST FEBRUARY, 1951) 1. (1) This Ordinance may be cited as the Survey Ordinance and shall apply to the Colony and Protectorate. (2) This Ordinance shall come into operation on such date as the Governor may, by Order, appoint. 2. In this Ordinance unless the context otherwise requires – “Government Surveyor” means a surveyor in the Government Service; “Licensed Surveyor” means a surveyor licensed under this Ordinance or under the Ordinance hereby repealed; “Owner” in relation to any land includes the person for the time being receiving the rent of the land, whether on his own account or as agent or trustee for any other person or who would receive the same if the land was let at a rent; “Public Authority” means such persons or bodies of persons as may be prescribed under this Ordinance; 1290 Cap. 128) Survey Survey (Cap 128 1291 11 of 1950 35 of 1954. application. “Public Survey” means any survey ordered by the Governor under the provisions of section 16 of this Ordinance or any survey made for the purpose of defining the boundaries of any land which is owned by the Crown or any Public Authority or in which the Crown or any Public Authority possesses or intends to possess or dispose of any interest or any survey which forms part of the general survey of Sierra Leone or any part thereof; “Surveyor” means a Government surveyor or a licensed surveyor; “Director of Surveys and Lands” means the Head of the Surveys and Lands Department and shall include any duly appointed officer acting on his behalf. 3. (1) The Director of Surveys and Lands shall keep a Register to be called the Licensed Surveyors Register, and a Register to be called the Pupil Surveyors Register. (2) Subject to the provisions of this Ordinance the Director of Surveys and Lands may grant a licence in the form set out in the schedule to this Ordinance to any person to practice surveying and may enroll any person as a pupil surveyor. (3) The Director of Surveys and Lands shall once in every year, as soon as conveniently may be after the first day of January, make and publish in the Gazette a list containing the names and qualifications of all licensed surveyors. 4. (1) There shall be a Board of Examiners for the purposes of this Ordinance (in this Ordinance referred to as “the Board”) which shall consist of the Director of Surveys and Lands, who shall be exofficio Chairman of the Board and two other persons, appointed from time to time by the Governor for such period as he may think fit one of whom shall be a Licensed Surveyor in private practice. (2) The Governor may, for any cause which shall think sufficient, revoke the appointment of any person appointed by him to be a member of the Board and may nominate any person to fill the place of any member of the Board by this Ordinance and such persons shall hold office during the pleasure of the Board. (3) Notice of all appointments to the Board other than the nomination of any person temporarily to fill the place of any member of the Board shall be published in the Gazette. (4) The Board may from time to time appoint a Secretary and such examiners and other officers as may be necessary for fulfilling the duties imposed upon the Board by this Ordinance and such persons shall hold office during the pleasure of the Board. 5. (1) The Board shall conduct the examinations for the enrolment of pupil surveyors and for the grant of licences to practice surveying in such manner and at such times as may be prescribed. (2) Notice of the time and place of every examination shall be published in the three consecutive weekly issues of the Gazette and at least two months prior to the date upon which the examination is to take place. Enrolment of pupil surveyors and licensing of surveyors. Board of Examiners Appointment of Member and Officers. Board to conduct examinations. 1292 Cap. 128) Survey Survey (Cap 128 1293 6. Every person who desires to be examined by the Board whether for enrolment as a pupil surveyor or for the grant of a licence to practice surveying shall notify the Chairman of the Board in writing at least one month prior to the date on which the examination is to take place and such application shall be accompanied by such information and such examination fee as may be prescribed. 7. (1) The examination fee shall be refunded if the application for examination is refused. (2) Examination fees shall be paid over, by the Chairman, to the Accountant-General. 8. (1) No person shall be enrolled as a pupil surveyor unless he– (a) has attained the age of 18 years; (b) has furnished testimonials or other evidence of good character to the satisfaction of the Board; (c) has satisfied the Board as to his actual practice in the field by the production of written evidence or otherwise at the discretion of the Board; (d) has passed an examination in such subjects as may be prescribed and has paid the prescribed fee for such examination: Provided that a Survey Student under bond in the Surveys and Lands Department who has completed a probationary period of one year in training in the Surveys and Lands Department and who has not been rejected during his training may be enrolled as a pupil surveyor without furnishing testimonials or other evidence of good character and without passing any examination. (2) The Chairman of the Board shall enter or cause to be entered in the Pupil Surveyors Register the name of every person who has satisfied the Board that he is qualified to be enrolled as a pupil surveyor in accordance with the provisions of sub-section (1) of this section. 9. (1) No person shall be accepted for examination for a licence to practice surveying unless he – (a) has attained the age of 21 years; (b) (i) has, in the case of a person who is not a Government Surveyor or who has not been enrolled as a pupil surveyor, survey qualifications and experience which are satisfactory to the Board, or (ii) has been a Government Surveyor for a period of not less than three years and is still employed as a Government Surveyor on the date on which the examination begins having had during such employment at least twelve months actual practice in the field, or Chairman to be notified by candidate for examination. Examination fees. Qualifications of and enrollment as pupil surveyor. Conditions precedent to examination for a Surveyor’s Licence. 1294 Cap. 128) Survey Survey (Cap 128 1295 (iii) has been enrolled as a pupil surveyor and has, subsequent thereto served as a Government Surveyor or with a licensed surveyor for a period of not less than three years having had during such employment at least twelve months actual practice in the field; (c) produces a certificate from the person under whom he has received his training in such form as may be prescribed Provided that the Board on being satisfied that such certificate for some bona fide reason cannot be produced may accept in lieu thereof such other evidence of the applicant’s training as the Board may deem fit; (d) has paid the prescribed fee for the examination. (2) In respect of the qualification of an application for examination set out in paragraph (b) (iii) of sub-section (1) of this section the period of service of three years as a pupil surveyor may be served with more than one licensed surveyor: Provided that – (a) no period of less than six months’ continuous training shall count towards the qualifying period of three years, and (b) the applicant produces a certificate in the prescribed form from each licensed surveyor from whom he has received his training or in the event of the Board being satisfied for some bona fide reason such certificate cannot be produced, such other evidence in respect of such period of service as the Board may deem fit. 10. (1) Save as otherwise provided in any rules made under paragraph (n) of section 26 no person shall be granted a licence to practice surveying unless he– (a) (i) has passed to the satisfaction of the Board the prescribed examination for a licence to practise surveying, or (ii) is a retired Government Surveyor, with not less than ten years’ service as a Government Surveyor, whose service was not terminated on grounds of inefficiency; and (b) has paid a licence fee of two pounds to the Accountant-General. (2) The Chairman of the Board shall enter in the Licensed Surveyors Register the name of every person who has satisfied the conditions specified in sub-section (1) of this section or who holds a licence under the Ordinance hereby repealed and shall grant to every such person a licence in the prescribed form. Grant of licence to practice surveying. 1296 Cap. 128) Survey Survey (Cap 128 1297 11. Any licensed surveyor who is employed in Government service shall not during such employment carry on private practice as a licensed surveyor and, if called upon to do so, shall surrender his licence his to the Board during the continuance of such employment. 12. (1) If a licensed surveyor – (a) Has obtained his licence by misrepresentation; or (b) has intentionally or through negligence, carelessness or incompetence made an incorrect survey or delivered an incorrect diagram or plan of any land or a diagram or plan which does not conform with the rules made under this Ordinance; or (c) has signed a diagram or plan of any land in respect of which he has not personally carried out the whole of the survey, unless the diagram or plan is a compilation form previous surveys by surveyors in which case the names of the surveyors who carried out the surveys shall be stated on the diagram or plan by the surveyor who signs it; or (d) has made an entry in a field book, copy of a field book or other document which purports to have been derived from actual observation or measurement in the field when it was not in fact so derived; or (e) has made an untrue report or memorandum of any survey; or (f) has contravened any section of this Ordinance or any rule made under this Ordinance; or (g) has, subsequent to the issue of his licence, been sentenced by any competent British Court whether in Sierra Leone or elsewhere for any offence punishable by death or imprisonment for any period exceeding one year and has not received a free pardon from Her Majesty for the offence for which he is so sentenced; or (h) is guilty of such improper conduct as renders him unfit to practice as a surveyor, the Attorney General may, in his discretion, at the request of the Director of Surveys and Lands, apply to the Supreme Court by way of motion for the suspension or cancellation of the licence of such surveyor and the court may thereupon suspend or cancel the licence or make such other order as it thinks fit Provided that the provisions of this section shall be without prejudice to any liability to an action for damages to which such surveyor may be liable. (2) The suspension or cancellation of any licence to practice surveying shall be notified in the Gazette and noted in the Licensed Surveyors Register. 1298 Cap. 128) Survey Survey (Cap 128 1299 Temporary suspension of licence whilst in Government service. Suspension or cancellation of licence. (3) Any Order made by the Supreme Court under this section shall be appealable as a final decision of the court determining a civil right above the value of five hundred pounds. 13. (1) The fees which a licensed surveyor may charge for defining boundaries, making surveys, preparing plans, or for any other work connected therewith, shall not exceed such fees as may be prescribed. (2) Notwithstanding provision of sub-section (1) of this section a surveyor may, subject to such conditions as may be prescribed, enter into an agreement to make a survey or to do any, other work for which fees are prescribed for an inclusive fee, and where a surveyor enters into such an agreement and the prescribed conditions are complied with the preceeding sub-section shall not apply. (3) Any dispute as to the amount of fees payable to a surveyor shall be determined by the Director of Surveys and Lands who shall have power to reduce the fees specified in any agreement made under sub-section (2) where he considers it to be excessive. 14. (1) No person other than a surveyor shall make or agree or offer to make for fee or reward a survey of any land for the purpose of defining boundaries or for the purpose of preparing a diagram or plan for any purpose for which it is prescribed by, rules made under this Ordinance that the diagram or plan shall be signed by the surveyor. Provided that this sub-section shall not affect the operation of any existing law relating to the survey of land for the purpose of the grant of an exclusive prospecting licence. (2) No person other than a surveyor shall hold himself out in any manner as a surveyor. (3) No surveyor shall sign any diagram or plan of any land in respect of which he has not personally carried out the whole of the survey unless the diagram or plan is a compilation from previous surveys by surveyors in which case the names of the surveyors who carried out the surveys must be stated on the diagram or plan by the surveyor who signs it. (4) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable, on summary conviction, to a fine of one hundred pounds or to imprisonment for six months or to both such fine and imprisonment. 15. A licensed surveyor who shall prepare any plan to be used in connection with any instrument which is required to be registered under the provisions of the Registration of Instruments Ordinance may if he so desires send two copies of the plan signed by himself to the Director of Surveys and Lands for his counter-signature, together with such information as may be required by the Director of Surveys and Lands. The Director of Surveys and Lands shall retain one copy of the plan and shall, if he is satisfied that there is no defect on the face of the plan, return the other copy duly countersigned to the licensed surveyor. 16. The Governor may, by notification published in the Gazette and in one or more newspapers circulating in the area affected, direct that the boundaries of lands within such local limits as may be defined in such notification shall be demarcated by public survey and such public survey shall be carried out in such manner as maybe prescribed: 1300 Cap. 128) Survey Survey (Cap 128 1301 Fees payable to surveyors. Unqualified person not to make a survey for fee or reward. Unqualified person not to hold himself out as surveyor. Surveyor not to sign plan unless he personally made whole survey. breaches of this section. Copies of plans to be sent to the Surveys and Lands. Cap. 256. Powers to direct demarcation. Provided that when the area affected is within the Colony, publication shall be made in one or more daily newspapers circulating within such area. 17. (1) For the purposes of any public survey, the Director of Surveys and Lands or any surveyor authorised by him may ,enter upon any land with such assistants as may be required, and may affix or set up or place thereon or therein trigonometrical stations, survey beacons, marks or poles, and do all things necessary for such survey. (2) Any surveyor, when employed on a public survey, shall, when practicable, give reasonable notice to the owner or occupier of the land of his intention to enter thereon. (3) Compensations shall be paid by the Government to the owner of any crops or trees cut or damaged in the exercise of the powers granted by this section. 18. Any surveyor may, for the purpose of surveying any land which he is employed to survey, enter on and pass over any land, whether private or public, causing as little inconvenience to the owner or occupier of such land as is consistent with his duties. 19. Any unauthorised person who shall willfully obliterate, remove or injure any trigonometrical station, survey beacon mark or pole or any boundary mark affixed, set up or placed for the purposes of any survey shall be guilty of an offence and on summary conviction be liable to a fine not exceeding twenty pounds or in default thereof to a period of imprisonment not exceeding three months and, in addition, may be ordered to pay three times the cost of repairing or replacing the thing obliterated removed or damaged and of making any survey rendered necessary by the act in respect of which he was convicted. 20. (1) It shall be the duty of the Owner and the occupier of any land on or in, or on the boundaries of which, any trigonometrical station, survey beacon mark or pole has been affixed, set up or placed forthwith to report to the nearest District Commissioner or to the Director of Surveys and Lands if to his knowledge any such trigonometrical station, survey beacon, mark or pole shall have been obliterated, removed or injured or shall be in need of repair. Provided that the Director of Surveys and Lands may by writing under his hand exempt any owner or occupier of land from the obligation imposed by this section (2) Any person who willfully or knowingly fails to report in accordance with the provisions of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding five pounds or in default thereof to imprisonment with hard labour for a term not exceeding one month. 21. Where any trigonometrical station or any survey beacon mark or pole or any boundary mark within the local limits of a Chief or Tribal Authority is obliterated, removed or damaged, the Chief or Tribal Authority shall forthwith report such obliteration removal or damage to the District Commissioner of the district. 22. (1) Any person who, unless acting on the authority of the Director of surveys and Lands, knowingly uncovers any survey beacon or mark buried below the surface of the ground or covered with a pile of earth or stone shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds. (2) Any person who, having uncovered a survey beacon or mark with the authority of the Director of Surveys and Lands, shall neglect– (a) in the case of a covered beacon or mark to cover the same in the prescribed manner, or (b) in the case of a buried beacon or mark properly to fill up the hole with the same material as the ground or road under which the beacon mark is buried, 1302 Cap. 128) Survey Survey (Cap 128 1303 Powers in relation to all public surveys. Powers to enter upon removing, etc., survey and boundary marks.. Duty of owners and occupiers of land in relation to survey marks. Duty of native authority. uncovering survey beacons. Shall be guilty of an offence and liable on summary conviction to a fine not exceeding twenty pounds 23. Any person who willfully obstructs, or hinders, resist or threatens any surveyor in· the execution of his duty in or about the conduct of any public surveyor any survey ordered by a court, or any workmen or other person acting in aid of any such surveyor, shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty pounds or imprisonment for a period not exceeding six months, or to both such fine and imprisonment. 24. Any person who issues or signs a certificate for the purposes of this Ordinance either knowing it to be false or no believing it to be true shall be guilty of an offence and shall liable on summary conviction to imprisonment with hard labour for six months or to a fine of one hundred pounds or to both such imprisonment and fine. 25. Any sum due to the Government under the provisions of this Ordinance or the rules thereunder may be sued for and recovered by the Director of Surveys and Lands or any person authorised by him in that behalf. 26. The Governor in council may make rules– (a) prescribing the manner in which surveys are to be made, the records to be kept by licensed surveyors and the manner of keeping such records. (b) prescribing the manner of the demarcation of boundaries in connection with surveys. (c) with regard to plans of surveys and their preparation and the matters to be shown thereon and prescribing for what purposes diagrams and plans shall be signed; (d) prescribing the manner in which public surveys shall be carried out and the manner in which boundaries shall be finally determined when a public survey has been carried out; (e) prescribing the fees which may be charged by the survey and Lands Department and by licensed surveyors, and prescribing the conditions on which a licensed surveyor may enter into an agreement to make for any inclusive fee. any survey, to do any other work for which fees are prescribed (f) with regard to the publication, issue, service and form of notices to be published, issued or served under this Ordinance or rules made thereunder; (g) rescribing the returns to be made by licensed surveyors to the Director of Surveys and Lands; (h) requiring surveyors to report to the Director of Surveys and Lands matters connected with surveys on which they are engaged or with previous surveys, ascertained by them during the course of their work; (i) for securing the maintenance of boundary marks in their correct position and the preservation of the same; (j) providing for the checking of surveys alleged to be erroneous and for the incidence of the expenses of such checking; (k) providing for the checking and correction of tapes and instruments used by surveyors; (l) providing for and regulating the inspection and the taking of copies of plans of surveys in the office of the Director of Surveys and Lands. (m) prescribing the subjects in which an applicant for a licence as a surveyor shall be examined; 1304 Cap. 128) Survey Survey (Cap 128 1305 Obstructing surveyor. False certificates moneys due. Council to make rules. (n) prescribing the conditions under which a person, who while holding qualifications entitling him to practise as a surveyor in a country other than Sierra Leone is not entitled to be licenced under section 10, may nevertheless be granted a licence under this Ordinance; (o) prescribing any other matters or things required to be prescribed under the provisions of this Ordinance, and (p) generally for giving effect to the purposes of this Ordinance. Any rules made under this section may apply generally or in such circumstances or cases as may be specified. 27. The Survey Ordinance is hereby repealed. Section 3 (2) SCHEDULE THE SURVEY ORDINANCE LICENCE A. B. having satisfied the requirements of the above mentioned Ordinance is hereby licensed to practice as a Surveyor in Sierra Leone in accordance with the provisions of the said Ordinance. Dated this ……...........................…………day of …..........………….. 19…… at ……………………...........………….. Director of Surveys and Lands Chairman, Board of Examiners. 1306 Cap. 128) Survey Repeal. SIERRA LEONE PUBLIC NOTICE No.92 OF 1953 M.P.12062/1 Published 24th September, 1953 THE SURVEY ORDINANCE, 1950 (No. 11 of 1950) THE SURVEY RULES, 1953 In exercise of the powers conferred upon the Governor in Council by section 26 of the Survey Ordinance, 1950 (hereinafter called the Ordinance), the following Rules are hereby made:– 1. These Rules may be cited as the Survey Rules, 1953 and shall come into force on the 24th day of September, 1953. DEFINITIONS 2. “Beacon” means a permanent survey mark of any kind made of concrete, iron or stone, or of two or more of these materials. “Colony Bearing” means the angle measured clockwise and referred to the twelfth meridian west of Greenwich. “Country Lands” means all lands which are not town lands. “Demarcation” means the marking of lines on the ground by means of posts, pillars, beacons or blazed trees and cognate words shall be construed accordingly. “Government Survey Beacon” means any beacon erected by a Government Surveyor or by a licensed surveyor employed for the purpose by Government. “Town Lands” means plots of land not exceeding ten acres in extent lying within a health area, the Colony, Peninsula, or Sherbro Urban District, or within one mile of the boundary of a health area or the Sherbro Urban District. “True Bearing” means the angle measured clockwise and referred to true North. 3. (1) The survey of any land for the purpose of judgment or order of a court or of any instrument registrable under the Registration of Instruments Ordinance shall be made with theodolite and steel band and each change of direction of the boundary shall be demarcated. The error in the surround shall not exceed one in three thousand in the case of country lands and one in four thousand in the case of town lands. Provided that the Director of Surveys and Lands at his discretion may in writing authorise any such survey to be made without a theodolite and with such instruments and by such method as he may specify and upon the completion of the plan the Director of Surveys and Lands shall endorse thereon the instruments and method employed and the degree of accuracy of the plan and shall sign and date such endorsement. (2) This rule shall not apply to a survey for the purpose of a mining right under the Minerals Ordinance. 4. (1) Wherever possible each survey will be connected by traverse or triangulation to a Government survey beacon. If such a beacon exists within one mile of the survey the connection shall, provided local conditions permit, be made by a theodolite traverse which shall be double chained and, if exceeding twenty traverse stations, a stellar or solar determination shall be taken to confirm the bearings; (2) When a survey is connected to a Government survey beacon by triangulation no angle of any triangle from which the connection is computed shall be less than twenty-five degrees. (3) If no Government survey beacon exists to which the survey can be connected by traverse as described in sub-rule (1) of this rule or by the observing of triangle as described in sub-rule (2) of this rule, a local origin, which shall be permanently beaconed and the position of which shall be described by reference to the chief local objects, landmarks and topographical features such as hills, rivers and villages, shall be adopted and the bearings of the survey shall be based on stellar or solar determinations of azimuth. Wherever possible the local origin shall be situated on some prominent land mark. (4) It shall be lawful for the Director of Surveys and Lands at his discretion to allow any modification or departure from this rule in so far as it affects any specific survey subject to his written permission being first obtained. In a case of such written permission being given to a licensed surveyor it may be made conditional on a Government Surveyor carrying out any work from which the licensed surveyor is relieved by such permission and on the licensed surveyor being charge for any such work in accordance with fees prescribed in these rules. 5. (1) In the case of a survey to which rule 3 does not apply, other than a survey of land the subject of an application for an exclusive prospecting licence or mining right, it shall not be necessary to employ more accurate method than that of compass and steel band, but the error in linear measurement shall not exceed one in one thousand and while such survey is being made a reference to true north shall be obtained either by solar or stellar observations or by connecting the survey to a line the azimuth of which has already been determined. (2) The survey of all land, the subject of an application for an exclusive prospecting licence (which has not been exempted from survey under the proviso to section 57 of the Minerals Ordinance), shall be effected by theodolite and steel band, and shall form a closed traverse the linear misclosure of which shall Not exceed one in one thousand and shall be carried out, demarcated and plotted on a plan as required by these rules in so far as these rules are not modified by Rules under the Minerals Ordinance in force at the date of the application. (3) The survey of the portion of a stream, the subject of a mining right, shall be by compass and steel band traverse and shall be double chained; the linear difference between the two chaining shall not exceed one in one thousand and shall be carried out, demarcated and plotted on a plan as required by these 2 3 rules in so far as these rules are not modified by Rules under the Minerals Ordinance in force at the date of the application. The traverse shall be fixed or tied to a permanent beacon or natural feature as shall be in accordance with rule 4 or as may otherwise be directed by the Director of Surveys and Lands. METHODS OF SURVEY 6. (1) Subject to any modifications contained elsewhere in these rules, the survey shall be a closed traverse on a true bearing or Colony bearing which shall be determined by stellar or solar observations, or by connection to a line the azimuth of which is known. (2) Within the Colony Peninsula, Colony bearings shall be used in all surveys connected to the main triangulation framework of the colony of Sierra Leone. In all other areas, true bearings shall be used. (3) Licensed Surveyors when in doubt as to whether a meter survey shall be carried out on true bearings or Colony bearings shall apply for information to the Director of Surveys and Lands. 7. The angular measurements shall be made with a Micrometer Theodolite or with a Vernier Theodolite the horizontal plate of which has a diameter of not less than four and half inches with direct reading to not more than thirty seconds of arc. One Face Left and one Face Right observation of each angle will be made and both micrometers and Verniers read. 8. The bearings of traverses shall be controlled by solar or stellar observations for azimuth. An azimuth observation shall comprise three separate determinations the total range of which shall not exceed thirty seconds. Such astronomical determinations of azimuth on a traverse shall be taken at intervals not exceeding thirty stations, and the maximum misclosure of the bearings of the traverse between astronomical determinations shall not exceed two minutes and thirty seconds. 9. All linear measurements shall be measured and recorded in feet and decimals of a foot to two places of decimals. 10. Measurements shall be made with a steel band of 100 feet, 200 feet, 300 feet or 500 feet and the usual corrections for standard, sag, slope, and, when necessary, temperature shall be made. A spring balance shall be used with a pull of fifteen pounds and the angle of slope determined by one Face Left and one Face Right observation on the theodolite. 11. Where a survey begins or ends on beacons erected in the course of a previous survey the accuracy of the origin shall be verified by reference to Surveys and Lands Department and by angular and linear measurements. On long lines of frame work or primary traverse the linear measurement may be dispensed with, but the accuracy of the position of the beacons shall be checked by angular measurement. When such beacons are found to be out of position, a full report shall be made to the Director of Surveys and Lands so that inquiry may be made and steps taken if necessary and possible to correct their positions. A new origin or datum from another beacon whose position is know to be correct shall then be selected or astronomical observations taken to establish a correct bearing 12. Where a boundary side of a new survey is coterminous with a longer boundary side of an area previously surveyed, the boundary beacons of the new survey shall be placed exactly on the line between the boundary beacons of the previous survey. 13. Boundaries of land surveyed under rule 3 shall be laid out with as few angular points as local conditions and the requirements of the survey demand. 14. Where a boundary is irregular, compass or theodolite traverse lines shall follow approximately the course of the boundary and offsets shall be taken at suitable points along the traverse lines to determine the exact position of the boundary. FIELD BOOKS 15. All linear and angular measurements necessary for the survey or demarcation of boundaries shall be entered in a field book in ink as they are made. Each field book shall be fully indexed and referenced, with a table of contents on the inside of the cover or at the beginning of the book together with the surveyor’s name, the title of the survey, the district and province, the kind of survey and the 4 5 instruments used. No erasures shall be made nor shall pages be torn out of any field book. If a wrong figure is written or it is necessary to alter an entry the erroneous entry shall be crossed out and the correct one written above. Simple diagrams shall be drawn on a page of the field book so as to make the measurements readily understood. The description of each beacon shall be given and the description shall state inter alia whether the beacon is “found”, “replaced”, or “newly” “emplaced”. Measurements which are taken to fix the position of physical features, structures, and other features adjacent to the boundaries shall be shown on the diagrams in a clear and legible fashion. The date shall be entered against all work done on that date. The error of the field tape compared with the standard tape kept by the Director of Surveys and Lands and the date on which it was last compared with the standard tape shall also be recorded. On the last page of the notes of each survey the following certificate, signed and dated by the surveyor shall be entered:– “THIS IS TO CERTIFY that the figures contained in the fore-going field notes are the actual figures recorded by me as the result of my observations and measurements in the field, and that the survey has been made in accordance with the provisions of the Surveys Ordinance, 1950, and the rules made thereunder”. 16. The recorded measurement of each surveyed line shall be made separately in the order in which it is measured. Diagrams shall not be submitted for the recorded measurement, but shall be used for the elucidation of detail. 17. Topographical features shall be shown with special care in the vicinity of beacons. The field notes shall be lucidly kept so as to enable a draughtsman without other information to draw a true plan of the survey. 18. A surveyor submitting a plan under section 15 of the Ordinance if so required by the Director of Surveys and Lands shall also submit for inspection by the Director of Surveys and Lands, the field book and computation files relating to the observations made to determine the azimuth of the survey or, if observations have been dispensed with, a description of the means employed to determine the azimuth. COMPUTATIONS 19. All computations shall be made on the forms approved by the Director of Surveys and Lands which may be purchased from the Survey and Lands Department, or on good quality fool-scrap paper similarly ruled and tabulated. 20. The measurements of each portion of land to be surveyed under rule 3 shall be mathematically computed to the nearest 30 seconds in bearing and the nearest hundredth of a foot in length. The closing error of the bearings and the closing linear error of the surround shall be clearly shown on the computation forms. The position of each permanent mark shall be rigorously computed and adjusted for the linear close, and where a mark has been placed by offset its position shall be computed from two stations on the main traverse. In all computations trigonometrical tables of not less than five figures shall be used. 21. The area of a piece of land surveyed under rule 3 shall, if bounded by straight lines, be mathematically computed from the co-ordinates of the corners. In the case of a piece of land having an irregular boundary, such as a stream, the area enclosed by straight lines shall be computed as above and added to the part contained between such irregular boundary and the straight lines, which part shall be computed as a series of triangles. 22. The area of a piece of land surveyed by a method other than that mentioned in rule 3 may be obtained by planimeter or computing scale, and shall be shown on the plan correct to within two per centum of the area of the figure as plotted. DEMARCATION 23. (1) For the demarcation of the boundaries of all areas surveyed under rule 3, other than areas the subject of applications made under the provisions of the Minerals Ordinance, from time to time in force, beacons or pillars of concrete mixed in the proportions of five parts of sand or sand and rubble to one of cement being not less than six inches square and being three inches above ground and one foot nine inches below and having an iron pin or spike in the centre of the top shall be used. 6 7 Provided that in the case of plots of land forming part of a general lay-out a plan or copy of plan of which has been deposited in the office of the Survey and Lands Department, beacons not being less than four inches square in section and being three inches above the ground and one foot nine inches below the ground level may be used. (2) The symbol ‘!, the letters P.B. (Denoting Property Beacon) and an identification letter and number shall be stamped upon beacons used to demarcate boundaries of land surveyed by a Government Surveyor. (3) An identification letter and number shall be stamped upon beacons used to demarcate the boundaries of land surveyed by a licensed surveyor and the symbol ‘! shall also be stamped thereon when such demarcation is made on behalf of Government. 24. (1) For the demarcation of the boundaries of all lands the subject of applications made under the provisions of the Minerals Ordinance, from time to time in force, boundary beacons shall be constructed as prescribed in the Minerals Ordinance or Rules made thereunder. (2) A surveyor appointed or approved by the Director of Surveys and Lands to carry out a survey of a mining application shall before making the survey obtain a written statement from the applicant or his duly authorised agent as to whether or not the applicant will provide all beacons or materials for it. (3) A line of stones or a trench not less than one foot deep and one foot wide shall be made along the boundary lines for a distance of eighteen feet on each side of a boundary beacon. 25. (1) The area as finally marked and beaconed under the direction of the surveyor shall conform as nearly as possible with the area beaconed before application made under the provisions of the Minerals Ordinance, from time to time in force, the beacons erected before such application being adjusted by the surveyor where necessary. The ruling of the surveyor as to the position of beacons shall be final, subject to any other ruling for this purpose prescribed in Rules under the Minerals Ordinance. The area of the land covered by an application made under the provisions of the Minerals Ordinance, from time to time in force, shall be accepted as determined by the survey, and the plan made by the surveyor shall be accepted as the correct plan. (2) If the area of the land in respect of which an application under the provisions of the Minerals Ordinance, from time to time in force, has been made is found by the surveyor to exceed the area allowed under that Ordinance the Director of Surveys and Lands shall have entire discretion to alter the position of the beacons in order to bring the area within the limit allowed. (3) The surveyor shall report to the Director of Surveys and Lands if the area applied for cannot be identified on the ground by means of the plan. 26. The demarcation or the marking of all boundaries shall be prepared prior to, or simultaneously with, the measurements which determine their position. The substitution of permanent for temporary marks in the few cases in which marking after measurement is permissible shall in all cases be done under the direct supervising of the surveyor himself. 27. Where boundaries of surveys carried out under rule 3 about on roads, all boundary marks shall be placed to conform with such regulations and by-laws defining the building lines or width of roads as may be in force in that place.

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