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surveyor, be and hereby is created; and that there shallCounty survey. be a county surveyor, to be elected in each county, by the qualified voters at the next general election, whose term of office shall be two years, and until his successor in office shall be qualified.
Sec. 2. The county surveyor shall before entering up-Bond and secu on the duties of his office, take an oath of office and give bonds, and security to be approved by the Probate Judge, and to be filed in the office of the clerk of the Probate Court.
Sec. 3. The county surveyor shall within thirty daysCopies of sur after completing any survey, make true copies, or diagrams of the same, and transmit one to the surveyor gen veyor general. eral, and one to the county recorder; and give a certificate of such survey, to the person for whom it was made, describing the tract, block or lot, and number of acres contained; and such certificate shall be title of possession Certificate. to the person or persons holding the same.
vey to be trans. mitted to sur
Sec. 4. Where any survey has been made within this Territory, and the bounds cannot be identified, and disputes arise between rightful claimants, respecting said line and bounds, the parties so in dispute, or either of them, may, by notifying the other party, of his, her, or their intention, have a re-survey of the said lands so in dispute, to be re-surveyed by either the surveyor general, or the county surveyor, at the option of the party, or parties so requiring such re-survey. Should the parties or either of them be dissatisfied with such re-survey, they, or either of them, may; at his, her, or their expense, have another re-survey by both the surveyor general and county sur-vay. veyor, whose duty it shall be to make the re-survey as near like the former survey as they can, and such re-survey shall be final, and establish such bounds.
Second re sur
Sec. 5. Where any transfer shall be made of any Transfer of surveyed lands, or part or parts thereof, it shall be thelands. duty of the transferer, to certify in writing such transfer to the person to whom the transfer is made, with a full description of what part or parts, how much or length of line or lines, and number of acres, and the
person persons, to whom transferred; to legalize a claim to such land, shall within thirty days thereafter cause such transfer to be recorded in the county recorder's office.
Seo 6. If any surveyor shall survey land or lands for Survey may bethe purpose of cultivation, where to irrigate it, would rob
other previously cultivated lands of the needful portion of water, such last survey shall be void for cultivating purposes.
Sec. 7. Whenever a surveyor shall survey a piece of signata in rela land, for a joint enclosure, he shall plot, and number the siun to sence. fence around the survey, noting the length of each per
sons portion of fence.
Sec. 8. All books, records, plots, and papers of surveys Beriksde c. mus made within the Territory, kept by, and in the possession to successor of the surveyor general appertaining to his office, are
hcreby made the property of the said Territory, and it shall be his duty to transmit the same to his successor in office.
Sec. 9. Surveyors' fees shall be regulated as follows: For surveying twenty acres,
$2,00 thirty acres,
2,50 forty acres,
3,00 sixty acres,
3,50 eighty acres,
4,00 one hundred acres,
4,50 one hundred and twenty acres, one hundred and sixty acres,
5,00 three hundred and twenty acrés,
6,75 six hundred and forty acres,
8,50 and for traveling to and from, ten cents per mile: Provided, That if more than one piece is surveyed at the same time, in the same place and journey, the taveling fees for mileage shall be apportioned according to cquity: Provided, That the route to survey through, shall be bad, and rough, in such case, the surveyor shall be allowed to charge in proportion, to make it equal to a good route.
Sec. 10. The Governor is hereby authorized to appoint appoint county and commission the contemplated county surveyors of this
Territory, who shall continue in office during the pleasure
Approved March 3, 1852.
AN ACT AUTHORIZING THE FOREMAN OF
Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the foreman of all Grand Juries while in session within this Territory, are, hereby authorized to issue process, and compel the at-issue process in tendance of witnesses, to give evidence in any matter of cemeceber at inquiry before said Grand Jury; and the foreman may witness and ad administer oaths or affirmations to the witnesses thus in attendance.
Persons fail to attent or re
Sec. 2. That if any person or persons, after being duly notified (as contemplated in the first section of this act,) at shall fail to attend, or shall wilfully refuse to testify, shallfuse to testify;
how punished be subject to such penalties as are, or may be hereafter provided by law, regulating the courts of this Territory.
Approved March 3, 1852.
AN ACT IN RELATION TO COMMON SCHOOLS.
Sec. 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That it shall be the duty of the county court in each county, to divide, or cause to school districts be divided, their respective counties into proper schoolschool trustoes districts, and cause to be elected by the qualified votershow elected: in each district, three trustees, who may appoint theirpoint a clerk own clerk.
tees and clerk
Sec. 2. It shall be the duty of the trustees so elected Duty of true to superintend the school in their respective districts; also" the erection of school houses, the furnishing of fuel &c. It shall be the duty of their clerk to keep and preserve their records, and report to the county court at their first session in each year, the number of scholars in their respective districts.
Src. 3. It shall further be the duty of the county courtCounty court to appoint in their respective counties a board of examin-of managers ation, to consist of three competent men, whose duty it shalltheir duties
be to hear and determine the qualifications of school teachers, and all applicants of a good moral character that are considered competent, shall receive a certificate to that effect, signed by the board.
Sec. 4. That the trustees so elected shall have power
to assess and collect a Tax upon all taxable property in Brustee to assess and collectsaid district, for the purpose of building and keeping in
repair suitable school houses, in their respective districts. In order to complete the collection of the Tax, in case of
the refusal of any ņerson to pay the Tax assessed, upon To pay taxes being duly notified thereto, the trustees have power to may diapesce a dispose of personal and real estate, and any conveyance
made upon such sale shall be deemed valid.
Approved March 3d, 1852.
AN ACT IN RELATION TO UTAH LIBRARY.
Sec. 1. Be it enacted by the Governor and Legislative As
sembly of the Territory of Utah, That a Librarian shall be Librarian, howelected by a joint vote of the Legislative Assembly of the
Territory of Utah, whose duty it shall be to take charge of the Library, (known in law as the Utah Library) as hereinafter prescribed.
Sec. 2. Said Librarian shall hold his office during the Term of office term of two years, or until his successor is appointed, and
shall give bonds for the faithful discharge of his duties in Qualify & give
the sum of six thousand dollars, and file the same in the office of Secretary of the Territory before entering, upon
his duties, who may also appoint a deputy as occasion reNay appoint quires to act in his stead under the same restrictions as the deputy.
SEC. 3. It shall be the duty of the Librarian to cause
to be printed at as early a date as practicable, a full and Duty of Libra
accurate catalogue of all books, maps, globes, charts, papers, apparatus and valuable specimens in any way belonging to said Library; also to use diligent efforts to preserve from waste, loss or damage, any portion of said Library
Sec. 4. It shall be the duty of the Librarian, for and Librarian to in behalf of the Territory of Utah, to plant suits, collectdefend in all fines, prosecute or defend the interests of said Library, or cases where the otherwise act as a legal plaintiff or defendant in behalf ofty. the Territory, where the interests of the Library are concerned.
the seat of gov ernment.
Librarian to let
Sec. 5. The location of the Library shall be at the seatLibrary kept ar of government of the Territory of Utah; and it shall be the duty of the Librarian to have all the books of the Library orderly and properly arranged within the Library room, for the use of such officers and persons as are nam-Who shall be ed in the fourteenth section of the Organic Act for Utah permitted to Territory, during each session of the Legislative Assemblyot Library. of Utah: Provided, however, that nothing herein contained, shall debar the Librarian, in vacation of the Legislative Assembly from permitting books, maps, and papers being drawn from said Library for professional and scientific
purposes by officers of the United States, and of Utah Territory, and other citizens of Utah, where the Librarian shall judge the public good may justify.
Sec. 6. It shall be the duty of the Librarian to let, out books for a specified time, and call in the same whenout books &c.. due, inflict fines for damage or loss of books, and collectkeen accounts the same, and keep an accurate account of all his official doings in a book kept for that purpose, and make an an-Make annual nual report of the same to the Legislative Assembly of
legislature. Utah: Provided, That no fine shall be excessive, or more than four times the purchase price of the book or books, for the loss or damage of which the fine may be inflicted.
Sec. 7. The Librarian is hereby entitled to draw from Librarian draw 'the Treasury of Utah for the current year as compensa-Treasury of ter tion for his services, the sum of four hundred dollars, notritory. otherwise appropriated; also the sum of two hundred dollars to defray the expenses of stationery, printing catalogue, and other contingencies.
Sec. 8. The foregoing act shall be in force after its passage; any previous law to the contrary notwithstanding.
Approved March 6, 1852.
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