Repeal. proved February 13, 1874, and to repeal an act entitled "an Manner of mak of sections. CHAPTER XCVIII. SURVEYS. AN ACT RELATING TO SURVEYS. Be it enacted by the General Assembly of the State of Colorado: 2625. SECTION I. Whenever a surveyor is required to ing subdivisions make a subdivision of a section, as established by the United States survey, he shall proceed as follows: Commencing at either quarter-section corner of the section, he shall proceed to run two lines respectively, to the opposite quarter-section corners, and at the point of their intersection establish a post which shall mark the interior quartersection corner for that section; any less subdivision shall be made by proceeding in the same manner, all interior posts being established by the point of intersection of lines, bisecting opposite sides; provided, that all fractional quarter-sections shall be so divided as to give to occupants of any part thereof, the quantity of land which shall be held to appertain to such part, at any United States land office in this state. Oath of chain 2626. SEC. 2. County surveyors shall have authority men or markers, to administer an oath or affirmation to chainmen or markers, acting under them, faithfully and impartially to discharge their duties as chainmen or markers, as the case may be. Courses and va expressed and 2627. SEC. 3. In all surveys, the courses shall be exriations; how pressed according to the true meridian; and the variation of the magnetic meridian from the true meridian shall be expressed in the field notes, with the year, month, and day of noted. the same. 2628. SEC. 4. The county commissioners of each county in the state of Colorado are hereby authorized and empow notes and plats surveys. ered, whenever they shall deem it expedient and necessary, Copies of field to employ some competent person, at the expense of the of government county, to make copies of the original field notes and plats of surveys of all lands surveyed, or hereafter to be surveyed, by the officers appointed by the general government, within their respective counties. person employed copies. 2629. SEC. 5. The said commissioners shall procure Compensation of the necessary books in which such copies shall be made, making such and stationery for the purpose aforesaid, and shall, by contract or otherwise, fix the compensation of the person employed to procure and make such copies of said field-notes and plats, to be paid out of the county treasury, in the same manner as other expenses are paid. county. 2630. SEC. 6. The said copies of such field notes and Such copies to be part of public plats, when so made, shall be filed in the office of the county records of clerk of the proper county, and shall thereafter be a part of the public records of said county; and such records, or copies thereof, certified by the county clerk, shall be evidence in all courts and places. case of dispute tion of monu 2631. SEC. 7. Whenever the proper location of any Proceedings in monument which marks the corner of any tract or tracts of of proper loca land, shall be in dispute between the owners of lands of ment. which it is the common monument of boundary, the said monument shall be established in the following manner; The county surveyor of the county in which said corner is located, upon the application of any of the parties in interest, shall immediately give notice in writing to all the parties interested in the establishment of said monument, naming a day when he will be upon the ground and make the necessary surveys to establish the said monument, and if such service of written notice cannot be made upon the owners or agents by reason of non-residence, then in that case such notice shall be published for four consecutive weeks in some newspaper published in the county, or if there be no newspaper published therein, then in some newspaper of general circulation, published nearest such county. The proper notice being given, as above set forth, the county surveyor shall, upon the day named in the said notice, proceed to establish such monument, in accordance with the rules laid down for the subdivision of sections in this act, and with the Repeal. Emergency. field-notes of original surveys made by the United States, he shall firmly plant a monument at the point so by him. found, shall accurately take and note courses and distances from said point to one or more prominent objects of a permanent nature, if such there be in the vicinity, shall make a plat or map of the survey so by him made, and shall record the same, together with a statement of the whole proceedings, including the application, notice and names of parties in interest, in the records of his office; such monument established as provided in this section shall be held to be the true and legal monument defining the boundary corner as stated in the record of said survey. 2632. SEC. 8. Chapter eighty-two of the revised statutes is hereby repealed. 2633. SEC. 9. Inasmuch as in many instances the monuments designed to mark the corners and establish the correct boundaries of land have been displaced and lost, and in consequence serious embarrassments exist, therefore, it is the opinion of this general assembly that an emergency exists, and that this act shall be in force from and after its passage. Approved, March 14, 1877. Proceedings by sioners on com or bridge is not kept in good repair. CHAPTER XCIX. TOLL ROADS AND BRIDGES. [Revised Statutes, Chap. LXXXIII.] 2634. SECTION 1. The county commissioners of the county commis- several counties of this state, upon the complaint of not plaint that road less than twenty-five citizens of either of said counties, to the said commissioners of such county, that any road or bridge or any part thereof, of any incorporated company, situated in, or through either of which said counties the same may pass, representing to the said commissioners that the said incorporation or company are neglecting or refusing to keep such road or bridge in good and proper repair and condition, it shall be the duty of the county commissioners in the county in which such road or bridge is situated, to proceed forthwith, or within five days, to examine the road or bridge concerning which complaint shall have been made, and ascertain the truth of the facts therein set forth; and if they shall find the matters and things complained of in said petition or complaint to be true, and that said road or bridge is not in proper condition, according to the nature of the ground and the season of the year in which such examination is made, then it shall become the duty of the said county commissioners to give notice in writing to said corporation or company to repair or put said road or bridge in good order or condition in five days, or a reasonable time, and if, in five days, the repairs shall not have been commenced, and in a reasonable time completed, then it shall become the duty of the said county commissioners, and they are hereby authorized, to either take the possession of the said road or bridge, in the name and for the use of the county in which the same is situated, or they may prohibit the said company or corporation from demanding, collecting or receiving any toll for the use of or passage over the same until the said road or bridge shall be put in proper order or condition, and they authorized to do so in writing. Retention of road or bridge cost of repairs and interest is paid. 2635. SEC. 2. After any road or bridge in either of the aforesaid counties shall be taken as aforesaid, into the possession of possession of either of said counties, it may and shall be by county until the duty of the said county to immediately proceed to put the said road or bridge into proper repair and condition for travel or use, and it may, and is hereby authorized, to keep such possession thereof, and keep it in good and proper repair, and receive the tolls thereof, until the said company or corporation shall fully repay the said county for the repairs so done as aforesaid, after deducting the said tolls so received, together with interest on the money so expended for said repairs, at the rate of two per cent. per month. Compensation missioners. 2636. SEC. 3. The said county commissioners shall be entitled to receive from the proper counties for their services of county comfive dollars per day, for the time actually and necessarily employed in the discharge of said duties, which said sum Sale of bridge or in case of failure repairs. shall be charged as the expense of the corporation or company whose property has been taken into custody. 2637. SEC. 4. If the company or corporation whose road by county, property has been so taken into the custody or possession to reimburse for of the county as aforesaid, shall not, within two years, reimburse the said county for the said repairs, then the said county may sell the said property at public auction, to the highest bidder, after giving sixty days' notice of such sale in some newspaper, as sheriffs are required to give notice of sales on execution, and pay any excess of the moneys received from such sales over the said expenditure to the said corporation. Manner of tak decision of sioners. 2638. SEC. 5. If said company or corporation feel ing appeal from aggrieved at the decision of said county commissioners, county commis- they shall have the right to appeal from such decision to the district court, upon filing a good and sufficient bond to be approved by the clerk of the district court, conditioned in like manner as provided in cases of appeals from justices of the peace, and conditioned further for keeping such road in good repair, and for all damages that may accrue to any person or persons for a neglect to keep such road in good repair during the pendency of such appeal; and said clerk shall thereupon issue a summons as in other cases, directed to said county commissioners, and such appeal shall stand for trial before such court, de novo, in the same manner as if such suit had been appealed from a justice of the peace. Manner in 2639. SECTION I. When a city or town warrant is rewhich city or ceived by the treasurer or collector, and there is no money in the treasury to pay the same, he is directed to endorse town warrants are to be re ceived by treasurer or collectors of such city or town. on it the amount for which it was received and the date thereof, and from that date the warrant is to be regarded |