Short title. H ER MAJESTY, by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as "The Land Surveyors' Act.' 44 V. c. 29, s. 1, part; 46 and 47 V. c. 50, s. 1, part. INTERPRETATION. Interpretation. "Association." 2. In this Act, unless the context otherwise requires, (a.) The expression "Association" means the Association of Provincial Land Surveyors continued under this Act. Incorporation. Who shall be Honorary members. Fees and penalties. ASSOCIATION-MEMBERS. 3. The Association incorporated under the name and style of "The Association of Provincial Land Surveyors" is hereby continued under that name, and the said Association shall be deemed to be a body politic and corporate. 44 V. c. 29, s. 4, part: 46 and 47 V. c. 50, s. 4, part. 4. All persons holding commissions as Surveyors under the provisions of the Dominion Lands Acts previous to the passing of the Act of the Manitoba Legislature, known as "The Land Surveyors Act, 1881," and all persons who have become Provincial Land Surveyors under the said last mentioned Act, or under the Act of the said Legislature known as "The Land Surveyors' Act, 1883," and all persons regularly admitted as hereinafter provided, shall form the Association of Provincial Land Surveyors. 44 V. c. 29, s. 3; 46 and 47 V. c. 50, s. 3. 5. Honorary members may be at any general or annual meeting. elected by the Association 46 and 47 V. c. 50, s. 37. 6. All fees received and all penalties imposed and recoverable under this Act shall belong to and be the property of the Association. 44 V. c. 29, s. 15; 46 and 47 V. c. 50, s. S. OFFICERS. to be ap 7. The officers of the said Association shall consist of an What officers Honorary President, a President, a Vice-President, a Secretary- pointed. Treasurer and an Executive Committee of four members. 44 V. c. 29, s. 4, part; 46 and 47 V. c. 50, s. 4, part. officers. 8. The election of officers shall be held on the third Wed- Election of nesday in the month of April of every year, and the persons so elected shall have at least a majority of the votes cast at such election. 44 V. c. 29, s. 5, part; 46 and 47 V. c. 50, s. 10, part. 9. At all elections retiring officers of the Association shall Re-election. be eligible for re-election. 44 V. c. 29, s. 8; 46 and 47 V. c. 50, s. 12. officers. 10. The present officers of the Association shall continue Present in office until an election takes place under the provisions of this Act. 46 and 47 V. c. 50, s. 36. 11. The officers shall take office forthwith on election and Term of office. shall hold office for the term of one year or until their successors be elected. In the event of death or removal from office for any cause of any officer or member of the Committee, "the remaining members shall have power to appoint a substitute for the residue of their time. 44 V. c. 29, s. 11, s. 12, part; 46 and 47 V. c. 50, s. 14, part. office, how tain cases. 12. In case of the failure in any instance to elect the Vacancies in requisite number of officers of the Association according to the filled in cerprovisions of this Act, or in case of any vacancy caused by the death or resignation of any officer or by any other cause, then it shall be the duty of the remaining officers with all convenient speed, at a meeting to be specially called for the purpose, to supply the deficiency in the number of officers failed to be elected as aforesaid or caused by any other means aforesaid, by appointing to such vacant place or places, as the same may occur, any person or persons duly qualified under the provisions of this Act to be elected as officer or officers; and the person or persons so elected shall hold office for the residue of the period for which the other officers shall have been elected. 44 V. c. 29, s. 12; 46 and 47 V. c. 50, s. 15. continuance of committee. 13. In the case of any member of the Committee, after Penalty for having been duly notified, absenting himself from at least absence from three successive meetings of the Committee, the Committee shall have the power to remove such member and appoint a substitute for the remainder of his term. 46 and 47 V. c. 50, s. 14, s-s. (a.) President may appoint Secre 14. In the event of there being no Secretary for the time tary pro tem. being at the time at which any election under this Act is to be held, or in the event of such Secretary being unable from illness or other unavoidable cause to act at such elections, then, and in any such case, the President for the time being shall appoint under his hand some other person who shall be a member of the Association to act as Secretary, and such person so appointed shall perform all the duties of such Secretary as prescribed by this Act. 44 V. c. 29, s. 10; 46 and 47 V. c. 50, s. 13. GOVERNMENT. Committee to Executive 15. The Executive Committee, with the approval of the make by-laws. Association, may from time to time make by-laws not inconsistent with the provisions of this Act for the further general government of the Association, and upon all matters relating to the discipline and honor of the profession. 44 V. c. 29, s. 14, part; 45 V. c. 54, s. 3; 46 and 47 V. c. 50, s. 7. Notice of meetings. Who may Ballot. Secretary to declare result 16. The Secretary shall give notice of all general or annual meetings for the election of officers or other general business of the Association, at least two weeks previous to the meeting, in two newspapers published in the city of Winnipeg, and shall also mail a copy of such notice to each member of the Association, and shall state in such notice the condition contained in the next following section. 44 V. c. 29, s. 6, part; 46 and 47 V. c. 50, s. 11. 17. No person shall be entitled to a vote as an elector at any election unless all his fees to the Association have been paid. 44 V. c. 29, s. 7; 46 and 47 V. c. 50, s. 5, part. 18. All elections under this Act shall be by ballot. c. 29, s. 5, part; 46 and 47 V. c. 50, s. 5, part. 44 V. 19. Upon the completion of the scrutiny, the Secretary of election and shall forthwith declare the result of any election; and he publish same shall cause the names to be published in the Manitoba Gazette within one month from the date of such election. 44 V. c. 29, s. 9; 46 and 47 V. c. 50, s. 6. in Gazette. P. L. S. guilty of gross corruption in 20. It shall be lawful for the Executive Committee to negligence or suspend or dismiss from the practice of his profession any duty may be Land Surveyor whom they shall find guilty of gross negligence or corruption in the execution of the duties of his office : suspended, &c. Proviso. (a.) Provided, nevertheless, that the Executive Committee shall not suspend or dismiss such Land Surveyor without having previously summoned him to appear before a Judge of any of the Courts in order to be heard in his own defenee, nor without having heard the evidence which shall have been offered either in support of the complaint or in behalf of the Surveyor inculpated; and (b.) Provided, further, that such Surveyor, notwithstanding, shall have the privilège of an appeal to the Association at its next annual meeting. 44 V. c. 29, s. 17; 45 V. c. 54, s. 1: 46 and 47 V. c. 50, s. 16. EXAMINERS. select exam 21. The Lieutenant Governor in Council shall, out of Lieut. Gov. to twelve members elected at the general meeting of the Associa- iners. tion, select seven members as a Board of Examiners, any three of whom shall form a quorum and the said Board may, from time to time, make rules for the management of the examination. 46 and 47 V. c. 50, s. 20. 22. Each member of said Board, before assuming the Oath of office. duties of an examiner, shall take an oath of office according to the form in Schedule A to this Act, to be administered by a Judge of Her Majesty's Court of Queen's Bench for Manitoba. 45 V. c. 54, s. 2, part; 46 and 47 V. c. 50, s. 19, s-s. (c.) continued Board. 23. In the event of any member of the Board of Examiners Penalty for absenting himself, without sufficient cause, from three succes- absence from sive meetings of the Board, the remaining members shall have power to remove him therefrom, and appoint in his place some other person who shall be a member of the Association. 46 and 47 V. c. 50, s. 19, s-s. (d.) members of 24. There shall be paid to each member of the said Board Fees for a fee of not less than five or more than ten dollars for each Board. day's attendance at any examination, the amount of such fee to be fixed by resolution of the Executive Committee. and 47 V. c. 50, s. 19, s-s. (b.) 46 CURRICULUM-EXAMINATIONS. articled, matriculate. 25. No person shall be admitted as an articled pupil with Before being any Provincial Land Surveyor, unless he has previously passed students must one examination before the Board of Examiners, or some person deputed by them, as to his ability to write correctly English or French, his knowledge of vulgar and decimal fractions, extraction of the square and cube roots, the first three books of Euclid, algebra as far as quadratic equations, plain trigonometry, mensuration of superfices and the use of logarithms, and has obtained a certificate of such examination from such Board. 44 V. c. 29, s. 16, part; 46 and 47 V. c. 50, s. 22. 35-A |