Title 19 Laws of Bermuda Item 34

BERMUDA

1899 : 18

SURVEY OF BERMUDA (PARISH BOUNDARIES) ACT 1899

ARRANGEMENT OF SECTIONS

1 Appointment of Commission to determine parish boundaries

2 [omitted]

3 [omitted]

4 Offences

5 [omitted]

6 Act not to affect private boundaries or rights of property

7 Deposit of map; evidence

8 [omitted]

9 [omitted]

[18 September 1899] WHEREAS under the Survey of Bermuda Acts, 1894 to 1897, a trigonometrical survey of Bermuda has been completed under the direction of officers of Her Majesty's Corps of Royal Engineers, and it is expedient that the boundaries of the several parishes in Bermuda should be authoritatively ascertained, determined and marked out by Commissioners to be appointed for that purpose with a view to the said boundaries being laid down and marked on the map now in course of preparation under the provisions of the said Acts: [words of enactment omitted]

Appointment of Commission to determine parish boundaries

1 For the purpose of enabling the officers in charge of the survey recently made of Bermuda and charged with the completion of the map now in course of preparation by the military authorities to complete the said survey and map, it shall be lawful for the Governor to appoint under

1989 Revision 1 SURVEY OF BERMUDA (PARISH BOUNDARIES) ACT 1899

the Great Seal of Bermuda a Commission to consist of three persons to examine, ascertain and mark out the reputed boundaries of each parish in Bermuda, and from time to time to fill up vacancies in the said Commission as occasion may require; and the said boundaries shall be laid down as far as practicable in conformity with Richard Norwood's Map and Survey and, where those documents are doubtful or obscure, according to the best information the Commission can obtain.

Entry on land to fix boundaries

2 [omitted]

Ascertainment of boundaries

3 [omitted]

Offences

4 Any person, not duly authorized, who—

(a) takes away, removes or displaces, or alters the situation or position of, any boundary stone, post, block, bolt or mark which has been set up or placed for the purposes of this Act; or

(b) wilfully defaces, alters, mutilates, breaks, displaces, destroys or removes any such boundary stone, post, block, bolt or mark; or

(c) wilfully defaces, obliterates, varies, alters or adds to any official word, figure, letter or distinctive inscription, number or mark thereon, or any mark or figure or letter placed or affixed or made thereon by lawful authority for the purposes of this Act, commits an offence against this Act: Punishment on summary conviction: a fine of $720.

Obstructing survey

5 [omitted]

Act not to affect private boundaries or rights of property

6 This Act shall not extend, or be deemed or construed to extend, so as to ascertain, define, alter, enlarge or increase or decrease, nor in any way to affect, any boundary or boundaries of any city, town or parish, nor the boundary or boundaries of any land or property with relation to any owner or owners or claimant or claimants respectively in or to or with respect to any such lands or property; but all right and title of any owner or claimant of any land or property whatsoever shall remain to all intents and purposes in like state and condition as if this Act had not been passed, any description of any such land with reference to any

2 1989 Revision Title 19 Laws of Bermuda Item 34

parish or other division or place whatsoever, or otherwise, or anything contained in this Act to the contrary in any wise notwithstanding.

7. Deposit of map; evidence

(1) When any parish boundaries as found and determined by the Commission appointed under this Act are laid down and delineated and the positions of the boundary marks placed or set up for the purpose of marking any parish boundaries have been marked and laid down on the map of Bermuda prepared or in course of preparation under the provisions of the survey of Bermuda Acts, 1894 to 1897, to the satisfaction of the Commissioners and are certified by them under their hands and seals on the said map as true and correct, then such boundaries shall (subject to section 6) be deemed and taken for all purposes to be the true and correct parish boundaries of Bermuda; and the map so prepared and certified shall be filed and kept in the Department of Works and Engineering.

(2) Any tracings, copies or reproductions of the said map or any part thereof certified by the Chief Surveyor of the Department of Works and Engineering under his hand and seal to be true and correct copies of the said map or of any part thereof shall (subject to section 6) be receivable in evidence in all courts in Bermuda in all matters and questions relating to or in any wise affecting any parish boundary laid down on the said map.

Service of notices

8 [omitted]

Grant for purposes of Act

9 [omitted]

Amended by

1900 : 37

1948 : 25

1949 : 26

1952 : 3

1952 : 11

1968 : 231 1988:19 ] [Printed in full in vol. II of the compilation of 1930 at page 1042.]

[See also Item 35 of this Title.]

1989 Revision 3