Section 11-7-1
Section 11-7-1
Number; qualifications, appointment and term of office.
The county commission is authorized to appoint two surveyors for the county, who shall hold office for the term of three years and until their successors may be qualified, unless sooner removed. Before making an appointment, the court must be satisfied by evidence that the person appointed is qualified to discharge the duties of a surveyor. It is no objection that a person appointed county surveyor is a qualified surveyor of an adjacent county, but he must qualify in each county.
(Code 1852, §812; Code 1867, §947; Code 1876, §862; Code 1886, §933; Code 1896, §3889; Code 1907, §6016; Code 1923, §10345; Code 1940, T. 56, §1.)Section 11-7-10
Section 11-7-10
Rights as to fences or buildings not lost by straightening or location of section, etc., lines.
When a survey of land is made by a county surveyor for the purposes of straightening or locating section or other lines, the owners of the fences or buildings erected on or near the original or supposed lines shall not lose their right to the same when the survey places the fences or buildings upon the lands of others.
(Code 1852, §820; Code 1867, §956; Code 1876, §871; Code 1886, §942; Code 1896, §3898; Code 1907, §6026; Code 1923, §10355; Code 1940, T. 56, §10.)Section 11-7-11
Section 11-7-11
Right of entry upon lands for execution of surveys requested by interested persons.
In making any survey of lands at the request of any person interested therein, the surveyor and his assistants may without the consent of the owner or person in possession enter upon and survey in an orderly manner any lands which it may be necessary for them to enter on or survey in order to make an accurate survey of the lands.
(Code 1907, §6027; Code 1923, §10356; Code 1940, T. 56, §11.)Section 11-7-12
Section 11-7-12
Compensation of surveyor, chain bearers and markers.
The county commission must fix the rates of compensation of the surveyor as well as that of his chain bearers and markers.
(Code 1852, §820; Code 1867, §955; Code 1876, §870; Code 1886, §941; Code 1896, §3897; Code 1907, §6025; Code 1923, §10354; Code 1940, T. 56, §9.)Section 11-7-2
Section 11-7-2
Bond.
The official bonds of county surveyors shall be $1,000.00, the premiums on said bonds to be paid by the persons making such bonds without expense to the county.
(Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §94.)Section 11-7-3
Section 11-7-3
Removal.
The county commission has power to remove either or both such surveyors if satisfied the public good requires removal and, in the event of removal, to make a new appointment.
(Code 1852, §813; Code 1867, §948; Code 1876, §863; Code 1886, §934; Code 1896, §3890; Code 1907, §6017; Code 1923, §10346; Code 1940, T. 56, §2.)Section 11-7-4
Section 11-7-4
Duties generally.
It is the duty of the surveyor faithfully to execute and return all orders of survey directed to him from any court of record in the state and to make all surveys of lands or lots in the county at the request of any person interested therein on payment or tender of his probable fees for the same.
(Code 1852, §815; Code 1867, §950; Code 1876, §865; Code 1886, §936; Code 1896, §3892; Code 1907, §6019; Code 1923, §10348; Code 1940, T. 56, §3.)Section 11-7-5
Section 11-7-5
Right of entry upon lands for execution of court ordered survey; penalty for obstruction of surveyor, etc.
In the execution of an order of survey directed to him by any court, the surveyor and his assistants may, without the consent of the occupant or claimant of ownership, enter upon any lands necessary to be surveyed or entered upon and survey the same in an orderly and proper manner, and any person who shall obstruct him or his assistants therein shall be punished as for contempt of court.
(Code 1907, §6020; Code 1923, §10349; Code 1940, T. 56, §4.)Section 11-7-6
Section 11-7-6
Fees for court ordered survey taxed as costs.
When a survey is directed by any court of record, the fees of the surveyor are to be taxed in the bill of costs.
(Code 1852, §817; Code 1867, §952; Code 1876, §867; Code 1886, §938; Code 1896, §3894; Code 1907, §6022; Code 1923, §10351; Code 1940, T. 56, §6.)Section 11-7-7
Section 11-7-7
Oath of chain bearers; preparation and contents of plat of lands or lots surveyed.
The surveyor must swear his chain bearers to perform their duties without favor or affection, and must make a plat of all lands or lots he surveys for the person requiring the same, and write on such plat the names of his chain bearers and also his fees for the same.
(Code 1852, §816; Code 1867, §951; Code 1876, §866; Code 1886, §937; Code 1896, §3893; Code 1907, §6021; Code 1923, §10350; Code 1940, T. 56, §5.)Section 11-7-8
Section 11-7-8
When survey or plat evidence of facts stated.
A survey or plat of land made by a county surveyor, signed by him officially and stating the contents, courses, distances and designation at the land office of any land surveyed by him, is presumptive evidence of the facts stated if the opposite party has notice that such survey is to be made.
(Code 1852, §818; Code 1867, §953; Code 1876, §868; Code 1886, §939; Code 1896, §3895; Code 1907, §6023; Code 1923, §10352; Code 1940, T. 56, §7.)Section 11-7-9
Section 11-7-9
Liability for damages.
A county surveyor is liable on his official bond, for any damages done by a wrongful survey or plat.
(Code 1852, §819; Code 1867, §954; Code 1876, §869; Code 1886, §940; Code 1896, §3896; Code 1907, §6024; Code 1923, §10353; Code 1940, T. 56, §8.)
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