The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1879-07-17
xURvEr OF Iayps.

BE ae.aesoi By he Lqgisisssss Of he Ssie Of Kaasas
SECTION I. Whenever the owner or owners Of ad
jaeent tracts Of land shal desire to establish per
manently the lines and eorLen thereof between them
and abide by the survey Of some surveyor; and aeI
said survey is completed, plat thereof With des
criptiou Of all corners and lines plainly marked
parties shall be recorded in the oce of the register
Of deeds of the county where the lands situated
and the lines and corners Of said survey 50 made
ing into said agreement, their heirs, successors and
assigns, and shalfnever be ehangeds
SIC. 2. Whenever the owner or owners Of one OF
ish permanently the corners or boundaries thereof.
and who will not enter into the written agreement
mentioned in section one of this act he they shall
said lands ID situated who SHALL on receipt of said
notice. forthwith notify all parties instructed Inter
ested in said survey, Of the lines ltme] Of making
which notice shall be served follows, to wit: II
the party parties arc residents Of The county in
which such land situated, the notice :hall be in
to the time Of making the said survey, by delivering
to such party seopy thereof leaving the same at
his usual place Of residence in said county In case
Of nonresident Of the county, the notice shall be
served by Publishing the same in somo newspaper
published in the county for four consecutive weeks
prior to the time q making such survey and IN ease
newspaper in the state of general circulation in said
county. At the time mentioned in said notice the
said surveyor shall proceed to mako the survey Of
said boundaries. He shall have power to administer
oaths and take the evidence of any persoa who may
be able to identify any original government or other
legally corner or witness thereto or gov
ernment lne-trce, or other noted object Such evil
dence shall be reduced to writing, signed by the wit
ness and, together with accurate plat and notes
Of such survey, shall be fled in the oce Of register
Of deeds Of the county within ten days after the
pletiOn Of said survey.
SEC 8 Upon the fling of the report and plat Of
any survey, as required by section two Of this act
tvfRr
survey may. ut any time within thirty days thereaf
ter appeal from INC report Of said survey to the dis
tict court Of the county, BY filing with The register
bond to be approved by tho register of deeds,
tioned for the payment Of the costs Of appeal if the
report shall be affirmed by the court Upon the fling
certify the appeal to the clerk Of the district court
and file in his Office certified copy Of the report Of
the surveyor and the appeal shall stand for trial by
the court ut the next regular term thereafter The
court shall hear and determine said appeal, and en-
ter order or Judgment In the Ieither1 approving
rejecting said report, or modifying or amending
the same, according to the rights Of the parties, or
may refer the back to the surveyor to correct
his report and survey in conformity to the judgment
of the court may for good cause shown set aside
the report and appoint new surveyor, who shall
proceed de a0co and survey and determine the bOun
daries and corners Of the land in question. The
boundaries and corners established In said survey,
as approved by final judgment Of the court, and in
all cases where no appeal is taken from the survey
or's report shall be held and considered as perma-
nenty and unalterably established according to the
survey; and when any report shall become fnal it
shall be the duty of the register of deeds to file and
record the same in his Office.
SEC. 4. The expenses and costs Of the survey aud
suit shall be spportioned among all the parties &c
corng to respective interests except in cases Of a
peal in which, the report Of the Surveyor shall be
affirmed by the court, in which case the party appeal
ing shall pay I'll the costs Of the appeal If the said
apportonment or any part thereof, shall remain un
paid for thirty days after any report shall have BE-
final the county surveyor shall furnish to the
county clerk q statement, under oath, showing the
amount remaining unpaid, and description Of the
land against which the apportionment was made
On receipt of any such statement, the county clerk
shall levy tax against the land mentioned in said
statement sufficient to pay the amount of said aT-
portionment. Said tax shall be collected in the man.
ner provided for the collection of taxes real
tate. and subject to the same penalties; and when
collected the county treasurer shall pay the amount
collected to the county surveyor.
Sec. S. That all acts and parts Of acts in conflict
with the provisions Of this act be and the
hereby repealed.
SEC. 6. This act shall be in force from and after
its publication in the Daily Commonwealth.
Approved March l2, 1879.