Land Surveyors Act

Link to law: http://laws.gov.ag/acts/chapters/cap-239.pdf
Published: 1975

Land Surveyors (CAP. 239 1
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CHAPTER 239

THE LAND SURVEYORS ACT

L Arrangement of Sections
i Section
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1 PART I
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1

PRELIMINARY

1. Short title.
2. Interpretation.
3. Duties of Chief Surveyor

PART I1

1

i THE LAND SURVEYORS BOARD

4. Land Surveyors Board.
5. Duties of the Board.
6. Conditions for grant of surveyors licence.
7 . Grant of Licence to be Gazetted.
8. Register of surveyors.
9. Disciplinary Proceedings.

10. Appeals to the High Court.
11. Grant of new licence and termination of suspension.
12. Notice of grant, cancellation, etc., of licence to be

published in the Gazette.

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4 PART I11

B
4

THE CONDUCT O F SURVEYS

J
4 13. Duties of licensed surveyors and exclusion of Govern-

ment liability. d 14. Survey of land for the purposes of the Registered Land
E Act.

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2 CAP. 239) Land Surveyors

Section

15. Restriction on Surveying.
16. Powers in relation to public surveys.
17. Compensation.
18. Power of surveyors to enter land.

PART IV

THE PRESERVATION O F SURVEY MARKS

19. Penalty for removing survey boundary marks.
20. Penalty for obstructing etc. surveyors.
21. Recovery of money due.
22. Delegation of functions.

PART V

GENERAL

23. Plans and records to be deposited with the Chief
Surveyor and to become Government property.

24. Correction of errors in surveys.
25. Authentication of plans.
26. Chief Surveyor may cancel authentication of plans.
27. Aerial Surveys.
28. Regulations.
29. Penalties.
30. Relationship of master and servant.
3 1. Repeal with Savings.
32. Future savings.

FIRST SCHEDULE.
SECOND SCHEDULE.

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Land Surveyors (CAP. 239 3

LAND SURVEYORS

(30th December, 1975 .) 1511975.

PART I

PRELIMINARY

1. This Act may be cited as the Land Surveyors Act. Short title.

2. In this Act, unless the context otherwise requires- 'nte~retation.

< L assistant" means a person not being a surveyor who
is engaged on survey work directly under the con-
trol of a surveyor;

"Board" means the Land Surveyors Board established
pursuant to the provisions of section 4;

"Chief Surveyor" means the Chief Surveyor appointed
under section 3;

"land registry" means the registry established by the
Registered Land Act; Cap. 374.

< ' licensed surveyor" means a surveyor licensed under
this Act;

"Old Law" means the Land Surveyors Act, Cap. 280
of the Revised Edition, 1962;

6' owner" in relation to any land, means any person
receiving or entitled to receive rents or profits from
any tenant or occupier thereof whether on his own
account or as an agent or trustee for any other per-
son or who would receive the same if the land were
let;

"plan7' includes a map, plot, diagram, aerial photograph
or a mosaic compiled from aerial photographs
approved by the Chief Surveyor as suitable for
survey purposes;

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4 CAP. 239) Land Surveyors

"public survey" means any survey made for the pur-
pose of defining the boundaries of any land which
is owned by the Government or any public
authority, or in which the Government or any
public authority possesses or disposes of any interest
or any survey which forms part of a survey of
Antigua and Barbuda or any part thereof;

"Registered owner" means any person having a legal
interest in registered land;

"Registrar" means the Registrar of Lands as defined
in the Registered Land Act;

' L regulations" means regulations made under section 28;

'6 survey" means a survey defining the boundaries of
any land in Antigua and Barbuda and includes a
survey for the purposes of the Registered Land Act;

"Survey D e ~ a r t m e n t ' ~ means the department of
Government exercising functions relating to
surveys; and

6' surveyor" means a licensed surveyor or an officer of
the Survey Department authorised by the Chief
Surveyor to carry out surveys.

Duties of Chief
Surveyor.

3. (1) There shall be a Chief Surveyor appointed by
the Public Service Commission who shall, subject to the pro-
visions of this Act-

(a) direct and control all public surveys;

( 6 ) examine all general and particular plans of
surveys before any registration of land is effected in
accordance with the Registered Land Act, and approve
such plans if satisfied that such surveys have been car-
ried out and the plans prepared in accordance with the
regulations;

(c) take charge of and preserve all survey records;

(6) cancel or amend in accordance with the provi-
sions of any law, any survey plan or diagram found to
be incorrect, outdated or inadequate; and

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Land Surveyors (CAP. 239 5

( e ) prepare, certify and issue at the request of any
person upon payment of the prescribed fees, copies of
diagrams and documents filed within his department
which are available to the public.

(2) The Chief Surveyor shall be the authority for the
preparation and publication of the official maps of Antigua
and Barbuda, and no other person shall, without the writ-
ten permission of the Chief Surveyor, make use of any
material which has been prepared or published in the said
official maps in the preparation or publication of any other
map.

PART I1

THE LAND SURVEYORS BOARD

4. (1) There shall be established a Board, to be known :~;:~Surveyors
as the Land Surveyors Board, consisting of the Chief
Surveyor, who shall be the Chairman of the Board, and two
other persons appointed by the Minister and who shall be
surveyors licensed to practise in Antigua and Barbuda. The
Chairman of the Board may from time to time as he sees
fit, and subject to the approval of the Attorney-General, call
for the services of a legally qualified person employed in the
Attorney-General's Chambers to assist the Board in its
deliberations.

(2) A member of the Board appointed by the Minister
shall hold office for two years, but may at any time resign
his appointment by notice in writing given to the Minister.

(3) The Minister may at his discretion at any time cancel
any appointment to the Board made by him.

(4) The Board may appoint a Secretary who shall hold
office during the pleasure of the Board.

(5) When there is a complaint of professional or other
misconduct against a member of the Board such member
shall be excluded from meetings of the Board until the find-
ings of the Board are made known, provided that an enquiry
into such complaint shall be proceeded with within one

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6 CAP. 239) Land Surveyors

month. In the meantime the Minister may appoint another
person to act as a member of the Board.

(6 ) Notice of the appointment of members of the Board
shall be published in the Gazette.

Duties of the
Board. 5 . It shall be the duty of the Board-

(a) to grant to persons duly qualified in accordance
with the provisions of this Act licences to practise land
surveying in Antigua and Barbuda;

(b) to provide for examinations to be taken by
applicants for such licences;

(6) to keep a register of all licensed surveyors in
accordance with section 8;

(6) to take disciplinary proceedings against licensed
surveyors in accordance with the provisions of this Act;
and

(e) to perform such other functions as are prescribed
by this Act or any regulations made thereunder.

Conditions for 6. The Board shall not grant a licence to practise land
grant of
surveyors licence. surveying to any person unless such person-

(a) has passed such examination as the Board may
from time to time prescribe or shall hold such other
qualification as the Board shall consider to be of
equivalent standard, and

(b) shall have been engaged as an assistant in land
surveying in Antigua and Barbuda under the supervi-
sion of the Chief Surveyor or any surveyor for a period
of 6 months or such other period as the Board shall in
any particular case, having regard to all the cir-
cumstances, determine.

Grant of licence
to be Gazetted. 7. (1) A licence issued under this Part shall be in the
First Schedule. form prescribed in the First Schedule and notice thereof shall

be published in the Gazette.

(2) There shall be payable into the Consolidated Fund
in respect of a licence issued under this Act to a surveyor
such fee as may be prescribed.

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Land Surveyors (CAP. 239 7

8. The Board shall cause a register to be kept which z:;:F;=:f
shall contain the names, addresses and qualifications of all
persons to whom licences have been granted, the date upon
which each licence was granted and any other particulars
which may be prescribed.

9. (1) Where it appears to the Board that a surveyor ~ ~ ~ ~ ~ ; ; ~
may have been guilty of professional misconduct or of con-
duct of such a nature as to bring his profession into disrepute,
the Board shall hold an enquiry.

(2) Where the Board intends to hold an enquiry as
aforesaid, it shall give at least fourteen days notice of its
intention to the surveyor, setting out therein the miscon-
duct alleged, and shall afford the surveyor the opportunity
of being heard in person or being represented by a solicitor
or counsel.

(3) At any enquiry held by the Board, the Board may
administer oaths and affirmations and may, subject to the
provisions of any regulations made under this Act, enforce
the attendance of persons as witnesses and the production
of books and documents.

(4) Where, after due enquiry by the Board, a surveyor
has been found to have been guilty of professional miscon-
duct, or conduct of such a nature as to bring his profession
into disrepute and is considered by the Board to be unfit
to practise, the Board may-

( a ) revoke the licence granted to such surveyor;

( 6 ) suspend the licence for a period not exceeding
three years;

(c) impose a fine not exceeding seven hundred and
fifty dollars on such surveyor; or

(4 reprimand such surveyor.

(5) The name of a licensed surveyor whose licence has
been revoked or suspended shall be removed from the
register.

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8 CAP. 239) Land Surveyors

(6) Any person who, having been summoned by the
Second Schedule. Board in the form prescribed in the Second Schedule to attend

before it fails so to attend or fails to produce any books or
documents specified in such summons and which he is
required to produce, shall be guilty of an offence against
this Act.

Appeals to the
High Court.

10. Any person aggrieved by a decision of the Board
under section 9, or under subsection (4) of section 24, may
within one month after the date of the decision, appeal to
the High Court against such decision and, on any such
appeal, the High Court may give such directions in the matter
as it thinks proper, including directions as to the costs of
the appeal.

Grant of new
licence and

1 . Where a licence has been suspended the Board
termination of shall, when the period of suspension has run, cause the name
suspension. of the surveyor to be restored to the register and where a

licence has been revoked the Board may on the application
of the surveyor concerned made not less than six months
after the date of revocation issue a new licence.

Notice of grant,
cancellation, etc.

12. Notice of the grant, revocation or suspension of
of licence to be any licence, or of the termination of the suspension thereof,
published in the under this Part shall be published in the Gazette.
Gazette.

PART I11

THE CONDUCT O F SURVEYS

Duties of licensed
surveyors and
exclusion of
Government
liability.

13. (1) Every surveyor shall carry out every survey
undertaken by him in such manner as will ensure that the
survey accords in all respects with the provisions of this Act
and any regulations made hereunder; and shall be responsi-
ble for the correctness and completeness of every survey car-
ried out by him or under his supervision:

Provided that the Chief Surveyor may, in his discre-
tion in the case of a particular survey, by notice in writing
to the surveyor, permit that the standards of accuracy
prescribed by such regulations be relaxed in such manner,
to such extent and subject to such conditions as he may specify
in the notice.

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Land Surveyors (CAP. 239 9

(2) Neither the Government nor any public officer shall
be liable for any negligence or defect in any survey, or in
any work appertaining thereto, performed by a surveyor not-
withstanding that any plan relating to such survey has been
authenticated in accordance with the requirements and pro-
visions of this Act or accepted for registration under the
Registered Land Act.

14. Any survey of land for the purpose of the Survey of land
for the purposes Registered Land Act shall be carried out under and in .fthe Registered

accordance with the provisions of this Act. Land A C ~

15. No person, other than a surveyor, shall- Restriction On
Surveying.

(a) survey any holding or land for the purpose of
preparing any plan which is attached to or is referred
to in any document or instrument purporting to con-
fer, declare, transfer, limit, extinguish or otherwise deal
with or affect any right, title or interest, whether vested
or contingent to or over any holding or land, being a
document or instrument which is required to be
registered, or is ineffectual until registered, under any
law for the time being in force relating to the registra-
tion of a transaction in, or of title to, land; or

(6) perform any survey which affects or may affect
the definition of the boundaries, or the location of survey
marks, of any holding or land registered or to be
registered under any law for the time being in force
relating to the registration of land or of title to land.

16. (1) For the purposes of any public survey the Powers in
relation to public

Chief Surveyor or any surveyor authorised by him may enter s,r,,y,.
upon any land with such assistants as may reasonably 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) The surveyor shall give not less than two days writ-
ten notice to the owner or occupier of the land of his inten-
tion to enter thereon. Where the owner or occupier cannot
be found such notice may be placed in a conspicuous place
on the land.

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10 CAP. 239) Land Surveyors

Compensation. 17. Compensation shall be payable out of the public
revenues to the owner of any crops or trees cut or damaged
in the exercise of any of the powers conferred by section 16,
and if any question shall arise as to the amount of compen-
sation to be paid or the right of a claimant to recover com-
pensation such question shall, in default of agreement bet-
ween the Chief Surveyor and all persons concerned, be finally
determined by a Magistrate on application made by the Chief
Surveyor or any person authorised by him in that behalf
or any person claiming to be entitled to compensation under
the provisions of this section:

Provided that save at the discretion of the Chief Surveyor
no such application shall be granted if it is by a person claim-
ing to be entitled to compensation and is made more than
six months after the date on which the crop or trees in respect
of which claim is brought were cut or damaged.

Power of
surveyors to

18. (1) After giving notice as required by
enter land. section 16(2) a surveyor may, with assistants, for the pur-

pose of surveying any land which he is employed to survey,
enter on and pass over and set up such instruments and make
such measurements as are necessary on any land, whether
private or public, causing as little inconvenience to the owner
or occupier of such land as is consistent with his duties.

(2) Compensation shall be payable for any damage done
to any land by reason of the exercise of the powers contain-
ed in subsection (1).

(3) Where a surveyor is a Government employee com-
pensation shall be assessed in accordance with the procedure
set out in section 17.

(4) Where the surveyor is not a Government employee
any compensation payable shall be subject to agreement bet-
ween the surveyor and the aggrieved party or parties:

Provided that where such agreement is not possible the
Chief Surveyor shall act as arbitrator and in default of agree-
ment between the Chief Surveyor and all persons concerned
compensation shall be determined by a Magistrate as set out
in section 17. No compensation shall be payable out of public
revenue for damage to land by reason of the exercise by a

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Land Surveyors (CAP. 239 1 1

surveyor who is not a Government employee of powers
contained in subsection (1) of this section.

PART IV

THE PRESERVATION OF SURVEY MARKS

19. Any unauthorised person who wilfully obliterates, Penalty for
removing survey removes or damages any trigonometrical station, survey boundary marks.

beacon, mark or pole or any boundary mark affixed, set up
or placed for the purpose of conducting any public or other
survey under this Act shall be guilty of an offence and in
addition to any other punishment imposed on summary con-
viction may be ordered to pay the cost of repairing or replac-
ing the thing obliterated, removed or damaged and of mak-
ing any survey rendered necessary by the act to which the
conviction relates.

20. Any person who wilfully obstructs, hinders, Penalty for
obstructing etc.

molests or threatens any surveyor in the execution of his surveyors.
duty in or about the conduct of any public survey or other
survey under this Act, or any workman or other person acting
in aid of any such surveyor, shall be guilty of an offence.

21. Any sum due under the provisions of this Act Recovery of
money due. may be sued for and recovered by the Chief Surveyor or

any person authorised by him by action in any court of com-
petent jurisdiction.

22. (1) The Chief Surveyor may by notice published of
in the Gazette delegate any of his functions under this Act
to any officer of the Survey Department by name or office.

(2) Any such delegation shall be revoked at will and
no delegation shall prevent the exercise by the Chief Surveyor
of any function.

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12 CAP. 239) Land Surveyors

PART V

GENERAL

Plans and
records to be

23. (1) Every surveyor who executes any survey in
deposited with accordance with the provisions of this Act and any regula-
the Chief
Surveyor and to

tions made thereunder shall-
become
Government (a) send to the Chief Surveyor the plans thereof,
property. together with such copies as the Chief Surveyor may

require, relating thereto; and

(6 ) if so requested by the Chief Surveyor, send to
the Chief Surveyor all field notes and computations
relating thereto.

(2) One copy of each plan sent to the Chief Surveyor
shall be deposited in the Survey Department and shall become
the property of the Government.

(3) The Chief Surveyor may make such copies as he
considers necessary of the field notes or computations sent
to him and such copies may be deposited by him in the Survey
Department:

Provided that such copies shall be made at the expense
of the Chief Surveyor and that the original field notes and
computations shall be returned to the surveyor without undue
delay.

(4) No plan deposited in the Survey Department in
accordance with subsection (1) of this section shall be altered
or amended in any way without the permission of the Chief
Surveyor.

Correction or
errors in surveys.

24. (1) The Chief Surveyor may at any time under-
take such field and office checks on the survey work of a
licensed surveyor as he thinks fit.

(2) The Chief Surveyor may, under section 25, by
notice in writing, instruct any surveyor to correct at this own
expense within the time specified in such notice which time
shall be not less than fourteen days, any error made by him
in the survey represented by the plan submitted for
authentication.

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Land Surveyors (CAP. 239 13

(3) In the event of such Surveyor refusing or neglec-
ting within the time specified to correct such error, it shall
be lawful for the Chief Surveyor to undertake such correc-
tion and to recover the whole cost of such correction from
the surveyor concerned.

(4) If such surveyor refuses or neglects to pay the cost
of the correction referred to in subsection (3) within four-
teen days of the same having been demanded in writing of
him, the Chief Surveyor may report the facts to the Board
for disciplinary action, and after due inquiry the Board may
if it thinks fit order such surveyor to pay the cost of correc-
tion to the Chief Surveyor; and if such surveyor refuses or
neglects to comply with the order within one month after
the date of the order, the Board may, not withstanding the
provisions of section 21 suspend the licence of the surveyor
until the cost of the correction has been paid, or for a period
not exceeding three years, whichever it thinks fit.

25 . ( 1 ) No land shall be deemed to have been Authentication of
plans.

surveyed or resurveyed until the plan thereof has been
authenticated by the signature of the Chief Surveyor.

(2) Every plan authenticated by the Chief Surveyor
under subsection ( 1 ) shall in any court of law or in any pro-
ceeding of a legal or quasi-legal nature be conclusive evidence
of the survey information contained therein unless and until
such plan is cancelled by the Chief Surveyor by virtue of
section 26 or unless or until the contrary is proved.

(3) Every plan purporting to bear the signature of the
Chief Surveyor for the purpose of subsection ( 1 ) shall be
deemed to be properly authenticated unless and until the
contrary is proved.

26. ( 1 ) Where in the case of a document or instru- Chief Surveyor
may cancel * ment to which an authenticated plan is attached, or in which authentication of

reference to such a plan is made- plans.

( a ) the plan is found to be inaccurate by reason
of any error or omission in the survey; or

( b ) the plan does not conform with the terms and
conditions subject to which permission to sub-divide the
land to which the plan relates has been given

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14 CAP. 239) Land Surveyors

the Chief Surveyor may cancel the authentication of such
plan and may recall any copies which may have been issued,
and in every case the provisions of section 24 shall apply.

( 2 ) The Chief Surveyor shall forthwith upon the
cancellation of the authentication of any plan notify in
writing-

(a) the owner of the land to which such plan relates;

(b ) the surveyor by whom the survey was executed;
and

(c) the Registrar.

Aerial surveys. 27. (1) Any person who intends to carry out any
aerial photography of Antigua and Barbuda for use in map-
ping or similar purposes shall before carrying out the same
give to the Chief Surveyor in writing not less than one
month's notice of his intention so to do.

(2) Any person who has carried out any such aerial
photography shall, if the Chief Surveyor so requires in
writing-

( a ) produce to the Chief Surveyor for his inspec-
tion all of the photographs therein produced or such
of them as the Chief Surveyor may specify; and

( b ) supply to the Chief Surveyor, at the Chief
Surveyor's cost, such copies and diagrams as the Chief
Surveyor may require of such photographs:
Provided that the supply of photographs to the Chief

Surveyor under this section shall not in any way affect the
copyright therein of the person supplying them or other owner
of such copyright.

Regulations. 28. The Minister acting in accordance with the advice
of the Board may make regulations-

( a ) prescribing the manner in which surveys are
to be made, the records to be kept by licensed surveyors
and the manner of keeping the same;

( b ) prescribing the manner in which survey marks
shall be constructed;

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Land Surveyors (CAP. 239 15

(6) with regard to plans of survey and their prepara-
tion and the matters to be shown thereon;

(6) with regard to the publication, issue, service
and form of the notices to be published, issued or served
in terms of this Act or regulations made thereunder;

( e ) prescribing the returns to be made by surveyors
to the Chief Surveyor;

(f) requiring surveyors to report to the Chief
Surveyor matters connected with surveys on which they
are engaged or with previous surveys, ascertained by
them during the course of their work;

(g) for securing the maintenance of survey marks
in their correct position and the preservation of the same;

(h ) providing for the checking of surveys alleged
to be erroneous and for the payment of the expenses
of such checking;

(i) providing for the checking of tapes and
instruments used by the surveyors;

@ providing for and regulating the inspection and
the taking of copies of plans of surveys in any office
of the Survey Department;

(k) prescribing all Government fees and surveyors
costs which may be charged under this Act;

(I) prescribing the syllabi of examinations for the
purposes of section 6;

(m) prescribing any other matters which this Act
requires or authorises to be prescribed; and

(n) generally for giving effect to the purpose of this
Act.

29. Any person who is guilty of an offence against Penaltie6.
the provisions of this Act or any Regulations made thereunder
for which no penalty has been provided shall on summary
conviction be liable to a fine of fifteen hundred dollars and
to imprisonment for six months.

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16 CAP. 239) Land Surveyors

Relationship of
master and 30. Where there exists a relationship of master and
servant. servant, principal and agent or corporation and officer of

that corporation, every sGch person concerned in that behalf
shall be jointly and severally responsible for compliance with
the provisions of this Act.

Repeal with
Savings Cap.

3 1. Without prejudice to any rights and liabilities
280. existing or capable or arising thereunder, the Old Law is

hereby repealed.

Future savings 32. (1) Every Surveyor of Land who at the corn-
Cap. 280 mencement of this Act was commissioned under section 2

of the Old Law shall be deemed to have been licensed under
section 7 of this Act.

(2) Every Survey plan certified by a surveyor commis-
sioned under section 2 of the old law shall be deemed to be
an authenticated plan under section 25 of this Act.

FIRST SCHEDULE Section 7 (1)

The Land Surveyors Board hereby certify that ...................................
........................................... ............................................. of.. having

passed the Licensed Surveyors' examination and having served the qualifying period
prescribed by the above Act is duly qualified to practise as a Licensed Surveyor
in Antigua and Barbuda.

............................ Dated this.. day of.. ........................... .19.. ...

.................................................
Chairman, Land Surveyors Board.

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Land Surveyors (CAP. 239 1 7

SECOND SCHEDULE Section 9 (4)

In the Matter of A.B. a surveyor

In the Matter of the Land Surveyors Act

T o C.D.(l)

You are hereby summoned to attend before the Land Surveyors Board at

................................... ....................................... (2). o n the.. d a y of

. . , 1 9 . at the hour of .........................................................................
...................................................................................... and so from
day to day until the above matter is heard to give evidence respecting such matter
and also to bring with you and produce at the time and place aforesaid:
(3)

Given under my hand this ...... day of ........................................ 19.. . .

....................................................
Chairman, Land Surveyors Board.

(1) Name and address of person summoned.

(2) Place.

(3) Here specify the documents required.
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