Marginal note:Interest at 5 p.c. on compensation money
47. Interest at the rate of five per centum per annum may be allowed on such compensation money from the time when the land was acquired or taken to the date when judgment is given; but no person to whom has been tendered a sum equal to or greater than the amount to which the Court finds him entitled shall be allowed any interest on such compensation money from any time subsequent to the date of such tender.
Marginal note:Refusal of interest when delays attributable to person otherwise entitled to it
2. If the Court is of opinion that the delay in the final determination of any such matter is attributable in whole or in part to any person entitled to such compensation money or any part thereof, or that such person has not, upon demand made therefor, furnished to the Board within a reasonable time a true statement of the particulars of his claim required to be furnished as hereinbefore provided, the Court may, for the whole or any portion of the time for which such person would otherwise be entitled to interest, refuse to allow him interest, or it may allow the same at such rate less than five per centum per annum as to the Court appears just.
- 1919, c. 71, s. 47.
Resistance to Peaceful Possession
Marginal note:When warrant may issue to put Board in possession
48. If any resistance or opposition is made by any person to the Board, or any person acting for the Board, entering upon and taking possession of any lands, a judge of the Court, or any judge of any superior court, may, on proof of the execution of the conveyance of such land to the Board, or agreement therefor, or of the gazetting of a notice in form D as aforesaid, and after such notice to show cause given in such manner as the judge prescribes, issue his warrant to the sheriff of the district or township within which such lands are situated, directing him to put down such resistance or opposition, and to put the Board, or some person acting for it, in possession of the lands.
Marginal note:Sheriff to make return to Federal Court
2. The sheriff shall take with him sufficient assistance for such purpose, and shall put down such resistance and opposition, put the Board, or such person acting for it, in possession of such lands and forthwith make return to the Court of such warrant, and of the manner in which he executed the same.
- 1919, c. 71, s. 48.
Inspection and Survey of and Entry upon Lands
Marginal note:Entry upon lands, inspection, survey, etc.
49. The Board may by itself, its surveyors or engineers, superintendents, agents, workmen and servants,
(a) enter upon any land to whomsoever belonging, make surveys of the same sufficient for the exercise by the Board of any of its powers under this Act, and make tests of the character of such land or of its streams, waters or watercourses; and
(b) after compliance with section forty-one of this Act, enter upon and take possession of any land the acquirement of which is, in its judgment, necessary for the execution of any of the purposes of this Act.
Marginal note:Any engineer or surveyor for province may be employed
2. The Board may employ any person duly licensed or empowered to act as a surveyor for any province of Canada, or any surveyor or engineer, to make any survey, or establish any boundary and furnish the plans and descriptions of any land acquired or to be acquired by the Board for the execution of any of the purposes of this Act.
Marginal note:Stone or iron monuments to mark boundaries
3. The boundaries of such land may be permanently established by means of proper stone or iron monuments planted by the engineer or surveyor so employed by the Board.
Marginal note:Effect of such surveys, etc.
4. Such surveys, boundaries, plans and descriptions shall have the same effect to all intents and purposes as if the operations pertaining thereto or connected therewith had been performed, and such boundaries had been established and such monuments planted by a land surveyor duly licensed and sworn in and for the province in which the land is situate.
Marginal note:Boundaries true if established after due notice and a procès-verbal signed by witness
5. Such boundaries shall be held to be the true and unalterable boundaries of such land, if
(a) they are so established, and such monuments of iron or stone so planted, after due notice of the intention to establish and plant the same has been given in writing to the owners or proprietors of the land thereby affected; and
(b) a procès-verbal or written description of such boundaries is approved and signed in the presence of two witnesses by such engineer or surveyor on behalf of the Board and by the other person concerned; or, in case of the refusal of any owner or proprietor to approve or to sign such procès-verbal or description, such refusal is recorded in such procès-verbal or description; and
(c) such boundary marks or monuments are planted in the presence of at least one witness who shall sign the said procès-verbal or description.
Marginal note:Formalities not necessary unless Board sees fit
6. It shall not be incumbent on the Board or those acting for it to have boundaries established with the formalities in this section mentioned, but the same may be resorted to whenever the Board deems it necessary.
- 1919, c. 71, s. 49.
- Date modified: