The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-07-31
SURVEYORS FEES.
Judge Jump, of the Parke and Vermillion Cir
cult, Construes the Law.
gnec;aI TO the Indianapolis Journal.

Special TO the Indianapolis Journal.
ROCKVILLE, July 30.-Judge Jump, of the
Parke and Vermillon Circuit Court has given a
decision upon the construction to be put upon
county surveyors fees, as regulated by Section
>~6029 of the Revised Statutes Of 1884, which pro
vides that where county officer is in doubt as
to what fee shall be charged in any case. he shall
submit the matter to the judge of the Circuit
Court for construction. In pursuance of this
section, the surveyor of Parke county called sfor
c construction in regard to surveyors fees. The
decision is as follows: . -
John T. Campbell, county surveyor of Parke
county, Indiana, having by petition asked to have
a construction placed upon Section $3.50 and
parts of Section $3.50 of the Revised Statutes of
1881, find and decide upon the matters inclosed
in said petition as follows, to-wit:
"First--A county surveyor is entitled to So
for the first and 81 for each additional town lot
surveyed on the same occasion for one owner,
and if upon said occasion he surveys one or more
lots for another person, or one or more for each
several persons he is entitled to 81 for the first
and SI ior each additional lot for each person.
''Second-The wo rds for every survey by him
plainly bounded etc, in section 1853, should be
understood as if it read, for every record of
every survey by him made, such record inciu-
ding plat of such survey, with lines and corners
plainly marked and shown" and by it is meant
that the surveyor shall, in addition to his other
fees. be entitled o. So 90 for each recording, and
plainly bounding such survey by lines and cor
ners plainly shown by plat and field notes OF
record. 1t is not necessary that every line or
corner around a tract should be run or be shown
by the record to have been run in order to
bound the tract within the meaning of the law.
It is sufficient to bound it by showing the lines
and corners the surveyor was called upon to run
and find, and actually did run and find, perpetu-
ate, establish or relocate. The surveyor is also
entitled to S. 90 from each of the parties to such
survey, upon their asking it to be made and
when it is made and delivered to them, for certi
fed copy of the record of such survey, including
the plat and field notes; and these first
copies are all to be deemed original
any Of these which may have been lost, or for
persons, not parties to the survey, only entitle
the surveyor to ST.
"Third-By the literal language oflthe statutes
IL would seem the surveyor would not be obliged
TO plant and mark stones, and note and mark
new witness or bearing trees unless the corner
was to be perpetuated, though 1 think and
decide that he should also do SO when he locates,
re-locates or establishes as corner
''Fourth-The word equally in relation to
the expense of surveys made under section $3.50,
means equitably or proportionally equal. That
is each party should pay eQuitaby according to
his interest in the lines and corners run, estab
wsished, located relocated.
"Fifth-Every public officer has by implication
of the law authority to do whatever is reasonably
necessary to enable him to properly discharge
any duty incumbent upon him, and, as il is
necessary to have chainmen fagmen, and axmen
not only to swear them, but to employ them and
collect pay for their services in the same way
ne may collect his own fees and pay them but
he cannot collect over 81 so per day each"