Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-03-12
THE COUNTY SURVEYORS ACT.
New Legislative Measure which
will Interest Many Readers OF
the New Mexican.

Will interest," many AsooNoAo ",
the New Mexican.
Section l. The Office OF county sur
veyor is hereby created in the several
counties of the territory of New Mexico.
No person shall be eligible to, or hold
such office, who is not a practical land
surveyor, actually engaged in the busl'
ness. Until the next general election
for county officers under the laws OF the
territory, the office of county surveyor
shall be filled by appointment Of the
board of county commissioners OF the
respective counties in this territory. AT
the next general election held for the
county officers in the several counties of
this territory, county surveyor shall be
elected for each county in the same man
ner that other county officers are elect
ed; he shall hold his Office, for the term
of two years, and until his successor shall
be elected and qualified. His term of
Office shall commence on the first day OF
January succeeding his election. Before
entering upon the duties of his Office, he
shall take the oath Of Office, required by
law of other county officers, and shall
enter into bond, to the territory of New
Mexico, in the sum of $4,000, with two
good and sufficient sureties to be ap-
proved by the board of county commits
sioners, conditioned for the faithful dis
charge of the duties of his office.
Sec. 2. Each county surveyor after
being duly qualified as provided in the
foregoing section, may appoint such
number OF deputy surveyors under him
as he may think proper, not to
exceed two, being responsible
for the correctness OF their offi-
cial acts, each of which deputies
shall respectively before entering upon
the duties Of his office take similar oath
or affirmation, to that required OF the
county surveyor; and all official duties
performed and surveys made by deputy
surveyors, shall be signed by him officially,
and shall be as good and valid in every
respect as if the same had been done by
the county surveyor. Provided, that in
counties where there is no resident sur
veyor, any competent surveyor resident Of
the territory may be appointed.
Sec. 3. Any person who may be injured
by the neglect, misconduct or inefficiency
of any county surveyor or any Of his dep
uties, may institute suit on the bond exc
cuted by such county surveyor and his
sureties and in case the party for whose
benefit such suit may be brought shall
obtain judgment for any damage or loss
by him sustained, he may sue out an exc
cution on such judgment, as in other
cases, and the bond may be sued on in
like manner by each and every person
aggrieved:
Sec. 4. When any county surveyor is
called upon to make any survey or sur
veys, which are to be used in any court,
such county surveyor is hereby authorized
and required, upon application of either
party to administer an oath of affirmation
to any witness who may be brought to
prove any corner or line of said survey or
surveys, or of any natural or artificial Oh
ject OF mark, which may be necessary to
identify the same; which testimony shall
be reduced to writing, and subscribed by
the witness or witnesses, and return
made thereof with the return Of the sur
veyor.
Sec. s.. The county surveyor shall keep
his office at tie county seat and shall keep
two books of record, which shall lie fur
nished him BIZ the county commissioners
for that purpose, which books he shall
transmit to his successor in Office.
One book shall contain the cal
culations by latitudes and departures Of
all surveys made by him, or his deputies,
and each calculation shall have CORE
spending number with the plat and field
notes, to which it refers in the book of
records. The other book, shall be book
of records and so constituted as to have
the left page for diagrams and plats, and
the right page for notes and remarks and
each diagram and plat, shall be number.
ed progressively, and the field notes OF
the survey 80 recorded shall contain a
full statement of such surveys with the
variation of the magnetic needle, length
of lines, location or corners, with descrip.
ton OF such corners, also description OF
all witness trees, and other marks used
as witness marks for such corners, with
size, distance and course.
Sec. 6. All calculations to ascertain
the contents Of tract Of land by the
county surveyor shall be made by latl.
tudes and departures, and on each plaI
shall be laid down the variations of the
magnetic needle from the true meridian
In re. establishing missing corners the
county surveyor shall establish said cor
ners in strict accordance with the manua
OF instructions of the United States tt
the United States deputy surveyors.
Sec. 7. If any county surveyor shal
be molested or prevented from doing o.
performing any of his official duties BY
means of threats or improper interference
of any person or persons, such. surveyo
shall call on the sheriff, constable O.
other peace officer of the county, wht
shall accompany him and afford him al
necessary protection against any person
or persons thus threatening or improperl.
interfering with any county surveye
while performing his official duties, sucl
person or persons 80 offending shall OF
conviction thereof, before any court O
competent jurisdiction, be fined in sum
not less than five dollars 1857, nor exceed
ing one hundred dollars ($l00), and more
over be liable for all damages, caused
any person by the hindrance of the Sui
veyor, and also for all the expenses tbs
may accrue in consequence of the attent
/ ance of the sheriff or officer and the della
of the surveyor. Provided, all fines in
posed under the provisions Of this se'
ton shall be paid to the county treasure
for the benefit Of the public school fun
of said county.
=. Sec. 8. It shall be the duty of eac
county surveyor to employ conpetel