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No lands to be re-
commended for a
Grant until marked
out on the ground by
a surveyor.

Governor to prescribe
rules as to shape of
blocks.

Governor may issue
Grants of Waste
Lands in conformity
with the provisions of
this Act.

Commissioners may
order surveys and
charge costs of same
to Grantees.

Allowance in land to
be made for surveys.

Compensation to be
given to the amount
of fees paid in respect of
Crown Grants.

Compensation to be
awarded out of lands
claimed, else out of
lands specially re-
served for the purpose

Grantees at their own
cost to select land.

40. The Commissioners shall not recommend any lands to
    be granted unless and until such lands shall have been effectually
    marked out upon the ground, and a certificate to that effect signed
    by some competent surveyor approved by the Commissioners, shall
    have been delivered to the Commissioners; and no Grant shall be
    issued for any such land until a survey thereof shall have been
    made and a proper plan of the same deposited with the Commis-
    sioners.

41. The Governor may from time to time prescribe such rules
    as regards the shape and frontage of all lands to be granted under
    the provisions of this Act, as to him may seem fit, and the Commis-
    sioners shall observe all such rules.

42. The Governor may make and issue Grants of land out of
    the Waste Lands of the Crown in any Province, in conformity with
    the provisions of this Act, in satisfaction of claims arising within such
    Province.

43. In all cases of surveys and maps required by this Act, the
    Commissioners may in their discretion order such surveys or maps
    to be made under their own direction, and may charge after the rate
    of one shilling and sixpence per acre for all lands surveyed; such
    charge to be paid by each grantee respectively, before or at the
    time of the issue of his Grant.

44. In every case of surveys and maps, whether made by
    parties themselves or by order of the Commissioners under the
    power last aforesaid, allowance shall be made in land for the charges
    of such surveys and maps at the rate of one shilling and sixpence
    per acre, and an additional quantity of land shall be granted to the
    respective parties by way of compensation in respect of such allow-
    ance, to be computed at the rate of one acre for every ten shillings
    paid on account of such charges.

45. Every person paying fees in respect of any Crown Grant
    examined by the Commissioners under this Act, shall be entitled to
    an allowance in land by way of compensation after such rate, as the
    Commissioners shall deem equivalent in value to the amount of fees
    so paid.

46. All compensation land shall be awarded out of the lands
    in respect of which the claim arises, if available, but if not, then (ex-
    cept in cases under Sections 29, 30 and 31 of this Act), out of any
    lands which may be specially set apart by the Superintendent of the
    Province, with the assent of the Governor, for the purpose of satis-
    fying such compensation claims; and if no such lands shall be so speci-
    ally set apart, then generally out of the Waste Lands of the Province in
    which the claim arises. Provided always if the Land available in
    respect of which the claim arises be of such character as not to af-
    ford reasonable compensation to the party entitled thereto, the Com-
    missioners may in their discretion award an additional number of
    acres not exceeding one acre for every acre of compensation Land.

47. All lands authorised to be granted by this Act shall be
    selected by and at the cost of the Grantee.