Surveyor to

t..

such vacancy may happen, shall appoint a person well qualified to discharge the duties of said office; who shall hold such ap pontmer t until the next October election, and until his successor is elected and qualified.

Sec. 4. That the person appointed surveyor, under the provisions of this act, shall forthwith, after the receipt of his commisbao sion, take an oath or affirmation, before the clerk of the court and give oond of common pleas, to be certified on the commission, that he will faithfully, impartially, and to the best of his skill and abilities, discharge the duties of county surveyor; and he shall also give bond in the penal sum of two thousand dollars, payable to the State of Ohio, with at least two such freehold securities, as the clerk shall deem sufficient for the use of all persons concerned, to whom any damages may accrue, through the negli gence or misconduct of such surveyor, or his deputies, condi tioned for the true and faithful performance of the several du ties of a county surveyor, as prescribed by law: which bond the said clerk shall file in his office.

ties

Sec. 5. That each county surveyor, after being duly quali Surveyor may fied, as provided in the foregoing section, may appoint such appoint depu- number of deputy surveyors under him, not exceeding three, as he may think proper, being responsible for the correctness of their official acts; which deputies shall respectively, before Deputies to they enter on the duties of their office, take a similar oath or affirmation to that required of the county surveyor: and all Surveys made official duties performed, and surveys made, by a deputy surby deputy to veyor, shall be signed by him othicially, and countersigned by the county surveyor, and shall be as good and valid in law and equity, in every respect, as if the same had been done by the county surveyor.

be sworn

be counter

signed

Berson in

on the bond

Sec. 6. That any person who may think himself injured, by the neglect or misconduct of any county surveyor, or any of jured may sue his deputies, may institute a suit on any certified copy of the bond executed by any such county surveyor, and his sureties, in the name of the State of Ohio, for the use of the person suing: and in case the party for whose benefit such suit may be brought, shall obtain a judgment for any damage or loss by him sustained, he may sue out an execution on said judgment as in other cases: and the bond aforesaid shall not become void on the first, or any subsequent recovery, but may be subject to be sued on in like manner, by each and every person who may think himself aggrieved, by a breach of the condition of such bond.

Sec. 7. That when any county surveyor, or his deputy, may Surveyor may be called upon to make any survey or surveys, which is, or are take testimo to be offered in evidence, in any court of law or equity, (the adverse party having notice of the time of making such survey or surveys,) such county surveyor or deputy, is hereby authorized and required, upon application of either party, to administer an oath or affirmation to any witness, who may be

brought to prove any corner or line of such survey or surveys,. or of any natural or artificial object or mark, which may be necessary to identify the same: which testimony shall be reduced to writing, and su »cribed by the withess or witnesses, and return made thereof to the court, with the return of the survey.

Calculations

Sec. 8. That all calculations to ascertain the contents of a tract of land, by the county surveyor, or other person or per to be made by sons, who may at any time be called on by the court to execute latitude and a survey, shall be made by latitude and departure; and on departure cach plat, the county surveyor, or the person or persons called on by the court, as aforesaid, shall lay down the variation of the magnetic needle from the original course of such survey.

more counties

had

when molest

Sec. 9. That when any tract of land may be situated in any When land in two or more counties, or if the beginning of the entry or sur- controversy vey, on which such tract of land may depend, shall be in a differ- tes in two or ent county from that in which part of such tracts of land may be, how proceedit shall be competent for the court in either of said counties to igs may be take cognizance of any controversy relative to such land, and issue an order of survey to the county surveyor of any one of said counties, who shall survey such tract of land, and run and lay down any entry or survey, line or lines, which may be necessary to establish the same. Sec. 10. That if any county surveyor, or deputy surveyor, Surveyor, shall be molested or prevented from doing or performing any of his official duties, by means of the threats or Improper interference of any person or persons, such surveyor shall call on the sheriff of the county, who shall accompany him and remove all force force: and the person or persons thus threatening, or improperly interfering with any surveyor, whilst performing his offi- Persons mo.. cial duties, shall be subject to prosecution by indictment, and on veyor, how lesting suf conviction thereof, shall be fined ir a sum not exceeding one punished hundred dollars, at the discretion of the court; and moreover, be liable for all damages by any person sustained, by the hindrance of the surveyor, and also, for all expenses and costs that may accrue in consequence of the attendance of the she

riff.

ed, may call on sheriff to remove all

taxes

Sec. 11. That the county surveyor or his deputies, shall To survey survey all lands which have been, or may hereafter be sold for lands sold for taxes, which lie within his county, on the application of any person producing to him a certificate from the proper officer, agreeably to law.

Sec. 12. That no resurvey hereafter made, by any person Surveys not except the county surveyor or his deputy, shall be considered testimony un less made by as legal testimony, in any court of law or equity in this State, county surexcept such surveys are made by mutual consent, reduced to writing, and signed by the parties.

Sec. 13. That when it shall appear that the county sur veyor is interested in any survey, the title of which is disputed AR

veyor or con sent of parties

County sur veyor being

son to make sur

vey

Proviso

Interested, court before the court, or if the county surveyor is not commission may appoint per ec and qualified, the court shall direct the resurvey to be made by some capable person, who is in no wise interested, who shall return the said resurvey to the court, on oath or affirma tion: Provided, That no survey made by the county surveyor or his deputy, shall be considered legal testimony except such survey has been made by order of the court of common pleas, or of the supreme court; or that it has been made agreeably to the provisions of the preceding sections of this act, or by the consent of parties, as herein provided: and none but such surveys shall be considered oflicially made.

veys, and furnish copies

Sec. 14. That the surveyor of each county shall keep a fair Surveyor to keep and accurate record of all official surveys, and the calculations a record of sur of the contents of such surveys, made by himself or his deputies, in a suitable book or books, to be by him kept for that purpose: he shall number his surveys progressively; and a copy of any survey, shall be furnished by the surveyor to any person requir ing the same, on his paying therefor the fees heremafter directed.

terested chain

men, who shall be sworn

Chainmen and

Sec. 15. That it shall be the duty of each county surveyor, To employ disin and deputy surveyor, to employ disinterested persons to act as chain men; and each chain man employed by the county surveyor, or his deputies, shall, before he commences the duty assigned him, take an oath or affirmation faithfully and impartially to execute the duty of chain man; which oath or affirmation, the county surveyor, or his deputies, are hereby authorized and required to administer: and that the experse of the chain car markers to he riers and markers shall be paid in advance, if require, to the paid in advance, county surveyor or his deputies, by the party on whose appli cation the survey may be made; and the money so advanced, shall be accounted for by the surveyor, and the amount expended to be taxed in the hill of costs: Provided, That there shall not be allowed to any chain man or marker a greater sum than seventy-five cents for each day he may be actually employed: Provided also, That each surveyor shall have the right to retain the return of any survey by him made, until he shall be paid the fees allowed by this act; and shall also have the right to collect such fees by suit, if the return of survey is not called for.

if required

Their feca

miss surveyor & fill the vacancy

Sec. 16. That if it shall be made to appear to the court, Court may die that any county surveyor, for the time being, is incapable of performing all and singular the duties enjoined on him by law, or that he has neglected or refused to do and perform any of ficial act he may be required to do, (unless prevented by unavoidable accident) the court shall dismiss such county survey or from office, and forthwith appoint a successor to fill such

vacancy.

Proceedings in ro Sec. 17. That any person wishing to have a county surveyor lation to the re removed from office, shall file in the office of the clerk of the court

moval of a fur of common plens of the proper county, at least thirty days before.

veyor

the sitting of such court, a petition, setting forth the cause of co.nplaint, whether it relates to incapacity, misconduct in office, or neglect of duty; and the clerk shall forthwith make out a certified copy of such petition, and also a summons, directed to the sheriff, requiring him within ten days thereafter to notify such surveyor, (either by reading such summons to him, or leaving a oertified copy thereof at his last place of residence.) to appear at the next court of common pleas, on the first day of the term, to answer said complaint; and the sheriff shall, at the same time, leave with such surveyor, at his residence aforesaid, a copy of the said petition: and it shall be competent for such court, on the first day of the term, or as soon thereafter as the parties may be ready, to hear such complaint, the answer thereto, the proof in support thereof, and decree as may seem just and proper.

Sec. 18. That the court before whom such complaint may be Costs by whom tried, shall render judgment for costs against such petitioner, ifpaid the respondent shall be acquitted, and against the respondent, if he shall be found guilty.

ΒΟΥ

Sec. 19. That it shall, and may be lawful, for any surveyor Books to be deli. who shall be elected under this act, to ask, demand, and receive vered to succes. of his predecessor, any book or books relating to said office, in which it is by law made the duty of such surveyor, to record all surveys, and calculations of the contents of surveys, made by himself or deputies; and whenever said office shall become vacant, either by death, resignation or otherwise, it shall be the duty of any person or persons, having the possession of such books and records, to hand the same over, on demand, to his successor in office.

treasury

Sec. 20. That it shall and may be lawful, for such surveyor, or The value of the his legal representative, whose duty it is hereby made to hand over hooks to be paid the books and records, to ask, demand, and receive, of the com- out of county missioners of the proper county, an order on their county treasury, for such sum as the commissioners shall believe to be the value of the books and records aforesaid, in their blank state, which have been purchased by such surveyor at his own expense; which sum shall be paid to such surveyor, or his legal representative, out of the county treasury of such county: and if the surveyor, Penalty for reor his legal representative, whose duty it is hereby made to hand using to and over the books and records aforesaid, shall neglect or refuse to how recovered do the same, as required by this act, he shall, for every such of fence, forfeit and pay a sum not exceeding five hundred dollars; to be recovered by action of debt, at the suit of his successor in office, before any court having jurisdiction thereof; which shall, when collected, be paid into the county treasury, to and for the use of the county.

over Books, and

Sec. 21. That the several county surveyors who now are, of Fees of qurvgyör hereafter may be appointed or elected to that office, may demand and receive for their services, the following fees, viz: For each sarvey, when the lines do not exceed one mile, the sum of two

Proviso

fom office of sur veyor general

dollars; and for each mile he may run in addition thereto, the sum of fifty cents: for making out and certi ying an original connected plat of the number of surveys or entries, twelve and a half cents, for each survey or entry laid down on the same: for every certified copy of a connected plat, six and a fourth cents, for each survey or entry laid down on the same: for making out a plat and certificate of survey, fifty cents; recording the same, thirtyseven and a half cents; for a copy thereof, twenty five cents: for making out a calculation of the contents of a tract of land, here there are not more than four lines to the same, futy cents; and when the number of lines exceed four, and do not exceed ten, seventy five cents; and when the number of lines i xceed ten, one dollar: and for every mile he shall travel from os place of residence, in going to, and returning from, the tract of land he may be called upon to survey, by the customary rout, six and a fourth cents: Provided, That all expenses of chain carriers, markers, &c. shall be paid by the person at whose request the survey made.

Sec. 22. That it shall be the duty of the county surveyor, in To procure plats each county in this State, when directed by the commissioners of and field notes his county, to procure from the surveyor general's office a cortified plat, together with the field notes of the corners, and bearing trees to each section, quarter section, lot, or original survey in his county, and cause the same to be preserved in a book by him provided for that purpose; which shall be deposited in the county auditor's office, for the use of the landholders in said County: a certified copy from said book by the auditor, shall be received as prima facie evidence, where the original would have been received.

Sec. 23. That the expenses incurred, by reason of the proviExpense to be sions of the twenty-second section of this act, shall be paid out of paid out of coun- the county treasury of the respective counties, on the order of the county auditor.

ty treasury

Sec. 24. That the election of county surveyor shall be in Election and con conformity to the laws of this State regulating elections; and if test, how con the same shall be contested, the contest shall be conducted, in all respects, and decided in the same manner, as contested elections for sheriff or coroner.

ducted

Sec. 25. That the act, entitled "An act creating the office of county surveyor, and defining his duties," passed January twenty sixth, eighteen hundred and twenty; and the act, entitled "An act authorizing county surveyors to obtain copies of the field notes of the original corners of land in their respective counties," passed February eleventh, eighteen hundred and twenty-eight; be, and the same are hereby repealed: Provided, That the repeal of the above mentioned acts, shall not, in any wise, discharge or exonerate any county surveyor from the liability he may have incurred, by reason of the breach of the condition of the bond or bonds he may have given, or from any penalty be may be subjected to, under, and by force of the same."