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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 material or artificial object or mark which may be necessary to identify the same, and he may administer such oath or affirmation upon his own motion, which testimony shall be reduced to writing and subscribed by the witness or witnesses, and a return made thereof to the court, with the return of the surveyor.
SECTION 2. The county surveyor shall, when ordered Duties of surby the county commisioners, make complete surveys, plans, specifications and estimates for all bridges, culverts, roads, ditches or other public works to be constructed under the authority of the board of county commissioners, and shall report the same with his recommendations thereon, and when so ordered he shall superintend the construction of such work, and make reports to the board of county commissioners as often as they may require; Provided, That the board of county commissioners may employ a civil engineer or architect to act alone, or in conjunction with the county surveyor, in making plans, specifications and estimates for any bridge, culvert, road, ditch or other public works to be constructed by the county, and in superintending the construction of the same.
SECTION 3. When two or more owners or occupants of adjoining adjacent or adjoining tracts of land shall desire to per. manently establish the corners and boundaries thereof, they shall notify the county surveyor to make a survey thereof and establish such corners and boundaries, and shall furnish him the names and addresses of all persons residing in the county and elsewhere, so far as known, who may be affected by such survey. The county surveyor shall cause a notice in writing to be served on each person who may be affected by the survey, or either agent or agents residing in said county, stating the time when lie will begin the survey, and the lines or corners to be established, which notice shall be delivered to the person, cr left at his usual place of residence at least six (6) days
tra ts, OCCUpants.
Survey, evi. dence.
prior to the day set for the survey. Upon the land owners who may be affected by the survey, and who do not reside in the county, notice shall be served by publication in a newspaper published in the county, if there be one, once in each week for three consecutive weeks, the last publication to be made at least three (3) days prior to the day set for beginning the survey, and in case no newspaper is published in the county, then in some news. paper published in the Territory, of general circulation in the county: Provided, That in all cases where all the land owners interested shall consent in writing, the county surveyor may, at such time as may be agreed upon, proceed to establish said corners and boundaries without serving notice as aforesaid. Due proof of service of notice, as herein provided, shall be made and entered of record in the office of the county surveyor.
SECTION 4. On the day mentioned in the notice, or on the next day thereafter, the surveyor shall proceed to make the survey, but he may, for good cause, adjourn from time to time. He may, upon the application of any party who is interested in such survey, or upon his own motion, take the evidence or any witness or witnesses who may be produced to prove any point material to such survey, which testimoney shall be reduced to writing qand subscribed to and sworn to by the witness or witnesses, and, together with an accurate plat and field notes of such survey, shall be filed in the office of the county surveyor within thirty days after the completion of such survey.
SECTION 5. Upon the filing of the report of each survey, any person served with the notice of the survey as herein provided, and being aggrieved by such survey, or the costs thereof, may at any time within thirty days after the filing of such report, appeal to the district court of the county by filing with the county surveyor a notice of his intention to appeal, in which notice he shall state in what particulars the survey as shown by such report is erroneous or fails to do him justice, or, if he appeals
from the apportionment of costs alone, then in what particulars the costs stated in the cost bill are unauthorized or excessive, and by giving a bond with two sureties to be approved by and filed with the clerk of the district court, running to the said clerk and conditioned for the payment of the costs of the appeal if the report of the county surveyor shall be affirmed by the court. Upon the filing of such notice and bond, the county sur. veyor shall certify such appeal to the clerk of the district court, by filing with such clerk a certified copy of the report if the survey be appealed from, and the original notice of the appeal, but if the appeal be from his apportionment and assessment of costs, then by filing with such clerk a certified copy of his cost bill and the original notice of appeal. SECTION 6. The court shall hear and determine said Hearing on
appeal, appeal and enter an order or judgment approving or rejecting said report, or modifying or amending the same, or may refer the same back to the surveyor to correct his survey and report in conformity with the decree of the court, or may, for good cause shown, set aside the report and appoint one or more surveyors who shall proceed, at the time mentioned in the order of the court, to survey and determine the corners and boundaries of the land in question, and shall report the same to the court for further action. SECTION 7. The corners and boundaries established Permanent
. in any survey made in pursuance of any agreement, or in any survey made in conformity with the provisions of this Act, where no appeal is taken from the surveyor's report, and such corners and boundaries as are established by the decree of the court, shall be held and considered as permanently established, and shall not thereafter be changed. SECTION 8. When any survey made in pursuance of Surveyor's re.
port recorded an agreement, or of legal notice, or by the order of the court, shall have become final, it shall be the duty of the county surveyor to record his report thereof and the
decree of the court in case of appeal in the records of
permanent surveys. Cost of survey
SECTION 9. The county surveyor shall apportion the costs of the survey among the land owners interested, according to their respective interests. If any of the costs of surveying remain unpaid after the report of any survey shall have become final, the surveyor may furnish to the county clerk a statement under oath, showing the amount remaining unpaid, and a description of the land against which the apportionment was made, and on receipt of any such statement, the county clerk shall levy a tax against the land mentioned in said statement, sufficient to pay the said apportionment, and said tax shall be collected in the manner provided for the collection of taxes on real estate, and be subject to the same penalties, and when collected, the county treasurer shall pay the county surveyor the amount so collected: Provided, That, where the lands occupied by the party or parties requesting such survey are not subject to taxation, the county surveyor may refuse to make such survey until the expense thereof is secured by a bond to be approved by him; and in case any land affected by such survey is not subject to taxation, the county surveyor may recover the portion of the expense of such survey apportioned to such land in a civil action against the owner or owners
SECTION 10. For making and recording all calculations of acres of land required by law, for the necessary attendance at the regular meetings of the board of county commissioners, when required by the board, and for the keeping of his office open for the convenience of the public on Monday in each week for the inspection of his records, for taking appeals, for making plans, specifications, superintending or inspecting public works under this Act, the county surveyor shall receive the same fees as allowed for making surveys, which fees shall be paid out of the county treasury quarterly, upon the order of the board of county commissioners: Provided, That a county
having a population of five thousand (5,000) or under, the county surveyor shall not be required to keep his office open for the convenience of the public, nor receive pay for thus keeping his office open, for more than one day in each month.
SECTION 11. Any person who may think himself in- Suit on bond jured by the neglect or misconduct of any county surveyor, or any of his deputies, may institute suit on the hond executed by such county surveyor and his sureties, 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 such judgment as in other cases and the bond may be sued on in like manner by each and every person ag. grieved. SECTION 12. That whenever there is a dispute be Refusal to join
in application; tween an owner or occupant of land and the owner or appeal. occupant of an adjoining tract of land, with reference to the location of the true boundary line, and one of such parties refuses to join in the application to the county surveyor to permanently establish such division line, the other party may proceed as provided in Section 3 of this Act to have such boundary lines established by the county surveyor.
If any person feels aggrieved at the action of the county surveyor in establishing such line, he may appeal to the district court of the county in which the land is situated, as provided in Section 5 of this Act, and all nroceedings thereafter may be as herein before provided.
SECTION 13. Any survey made by the county surveyor, Survey final. under the order of the board of county commissioners, in laying out any road or highway along any section or subdivision line of a section under the provisions and require. ments of Chapter 72, of the Statutes of 1893, of Oklahom, if not appealed from by the land owners or owner whose lands are bounded or limited by the line or lines surveyed and corners established or re-established, in the time and manner provided by the Statutes of Oklahoma for ap