Widows and

SEC. 2536. It shall be lawful for the widows and unmar- 1855-349. ried women of age to bind themselves as sureties or indorsers for unmarried other in the same manner and with the same validity as ze to bind persons, men who are of full age.

women author

themselves.

general and

pointed.

SEC. 2537. There shall be a surveyor nominated, and by and 1855-456. with the advice and consent of the Senate, commissioned by the Surveyor Governor, for each parish of this State, who shall reside in parish surthe parish of his appointment. The one appointed for the parish veyors to be ap. of Orleans shall be ex officio surveyor-general of the State. Before they enter on the duties of their office they shall take the constitutional oath well and truly to execute and perform the duties of their office; and, moreover, shall give bond, with good and sufficient security, to be approved according to law; the surveyor-general in the sum of six thousand dollars, and the other surveyors in the sum of two thousand dollars, payable to the Governor and his successors in office, and conditioned for the due performance of the duties of their office.

general.

SEC. 2538. Besides the scientific knowledge requisite for his Qualifications profession, the surveyor-general shall possess a thorough knowl- of the surveyoredge of the English, French and Spanish languages; he shall keep his office in New Orleans, in a fire-proof house.

SEC. 2539. The surveyor-general shall receive an annual salary of six hundred dollars. He may appoint one or more deputies at his own expense and responsibility.

Salary.

Authorized to appoint deputies.

Parish sur

SEC. 2540. Each parish surveyor may employ a deputy sur- 1874–262. veyor, who shall be empowered to do all acts which the parish veyors may apsurveyor can perform, and who shall be liable to the same penal- point deputies. ties as the parish surveyor.

1855 456.

Parish sur.

duties.

Plans and certificates; how made.

SEC. 2541. It shall be the duty of the said surveyors faithveyors; their fully to execute all orders of survey directed to them by any of the courts of this State, and to make all surveys of land lying in their respective parishes, and to which the United States have no claim,' at the request of the owners or proprietors thereof, and generally to do whatever in surveying, measuring and dividing lands may be required of them by any person wishing the same done; and in all their measurements they shall be governed by the English perch or pole; provided, however, That in the plans and certificates of survey which they shall make out, they shall be bound to add to every designation of an English measure the relation it bears with the measure formerly used in this State. SEC. 2542. The fees chargeable by the surveyors shall be paid whom to be paid by the party desiring their services; and where the services shall be rendered in obedience to an order of a court in a suit therein depending, the surveyor shall make and state an account of his fees for his services, written in words at the full length on the back of one of the plats returned by him to the court, and the same shall be allowed in the bill of costs to be taxed against the taxed as costs. losing party, as other costs; but where it shall appear that the survey or any part thereof was made at the instance of the party cast in the suit, so much of the said fees as accrue on the work done by the surveyor for such party shall not be taxed.

Fees; by

When to be

Re-surveys; how made.

Pay of chain carriers and markers.

Carriers and markers to be sworn.

Surveyor's duty to notify holders.

adjoining land.

Books to be kept by surveyors.

Duty of the surveyor general.

SEC. 2543. It shall be their duty, whenever called on for that purpose, to re-survey and re-mark and bound any tract of land in their respective parishes, where the old marks are defaced or are likely to decay or perish, or where, by any cause, they are destroyed; taking special care in all such cases to be governed by the original surveys, patents or titled deeds of such tracts; and they shall make a plain report and certificate of all such remarks and boundaries by them made, as aforesaid; of which report and certificate they shall deliver a certified copy to the owner, if he requires it.

SEC. 2544. The chain carriers and markers shall be allowed each a dollar per day for their services as such, to be paid in the same manner as is provided for surveyors.

SEC. 2545. Each surveyor is authorized and required to administer an oath to each of his chain carriers faithfully and diligently to perform his duties as chain carrier, without favor, affection or partiality; and it shall be the duty of each of the surveyors to write the name of each of his chain carriers down on the plat made of a tract of land for which they carried the chain in the surveying thereof.

SEC. 2546. It shall be his duty, whenever called on to make a re-survey, as provided by the preceding sections, to notify the adjoining land-holders of the day on which he shall commence the said survey, that they may attend, or cause somebody else to attend in their behalf, if they think proper. He shall note the same on the plat by putting down the names of the persons notified and the number of days' notice he gave each of them.

SEC. 2547. It shall be their duty to record, by order of dates, in a book kept for that purpose, all the plats and reports of sur veys made by them; and the surveyor-general, besides the pri vate register for the parish of Orleans, shall keep a general register, in which he shall record the plats and reports of the oper

Parish sur

veyor to report

ations made by the parish surveyors, who shall be bound to forward him, every three months, certified copies of their operations to the surveyor in their respective parishes; and all certified copies of the plats general. and reports of surveys thus recorded, as well as of the titles and papers which are to be delivered to the surveyor-general by the Copies to be said surveyors, under their hand and the seal which they are hereby authorized to adopt, shall be entitled to full credit in all the courts of the State.

evidence.

SEC. 2548. They shall be entitled to demand and receive for 1880-116. their respective services the following fees, to-wit:

For mileage in going to and returning from any place where a survey is to be made, ten cents (10).

For measuring the front of any tract of land, on any bayou or river, for every arpent of running measure, ten cents (10).

For measuring depth line where the line touches cypress swamps, and for measuring back lines, for every arpent, ten cents (10).

For running straight line, for every mile, two dollars ($2).

For meandering a water-course, for every arpent, ten cents (10). For every plat of a tract of land, including the record, two dollars and fifty cents ($2 50).

For every certified copy of such plat, fifty cents (50).

For planting every corner post, twenty-five cents (25).

For any additional tract of land comprehended in a plat, with surveys and boundaries established, two dollars and fifty cents ($2 50).

For measuring every lot in a town or other place divided into lots, for every running foot, one cent (1).

For every original plat of any such lot, including the record, two dollars and fifty cents ($2 50).

For every certified copy of such plat and of the certificate of survey, one dollar and fifty cents ($1 50).

For every additional tract of land in a connected plat, one dollar and fifty cents ($1 50).

Surveyors'

fees.

demanding fees

law.

SEC. 2549. In case said surveyors should demand or receive, 1855–456. for any of the services mentioned, any other fees than those Penalty for above fixed and established; or if they should demand or receive not allowed by any of the said fees without having performed the services; or if they should demand or receive any other or higher fees than those allowed to them, the said surveyor shall, for every such offense, be fined in a sum of fifty dollars, in favor of the party aggrieved, besides the restoration of the fee so unjustly demanded and received.

parishes; how

SEC. 2550. Whenever the police jury of any parish shall pass 1855-35. an ordinance for ascertaining and fixing the boundary lines of Boundaries of any parish adjoining thereto, and shall appoint a time and place nxed and deterfor commencing the running thereof, and shall duly serve the mined. president of the police jury of said adjoining parish with a copy of the ordinance, with notice of the time and place for commencing the running thereof, six months previous to the time so fixed, then the parish surveyors of said parishes, or such surveyors as may be appointed for that purpose, shall proceed to the running and marking of said boundary line; and in case the parish surveyor of either parish shall fail to attend at the time and place appointed, then the other parish surveyor, after waiting two

Returns; how

entire days, shall proceed to the running and marking of the said adjoining boundary line.

SEC. 2551. Whenever a boundary line shall have been run to be preserved and marked, as above described, due returns thereof shall be made to the president of the police juries of both the said parishes, who shall cause them to be carefully filed and preserved in the office of the recorder.

Compensation of surveyors.

Penalty for

neglect.

1855-208,

Variations in

the size of

regulated.

SEC. 2552. Each of the surveyors shall receive, as full compensation for the running and marking of said lines, five dollars per day, and shall be paid for all reasonable expenses by the treasurer of the parish interested.

SEC. 2553. If any parish surveyor shall neglect to perform any of the duties herein prescribed, he shall, on conviction thereof, suffer a fine of not exceeding fifty dollars and imprisonment not exceeding ten days.

SEC. 2554 Whenever land, divided into town lots and sold in conformity with a plan, shall not be of the same extent as that town lots; how mentioned in said plan, and the difference shall be more than one thousandth part, it shall be the duty of the State surveyor commissioned for the parish where said land is situated, to apportion, in conformity with the dispositions of the Civil Code, the surplus or deficit of said land, and to make a plan pointing out, according to such apportionment, the correct dimensions of each square and the breadth of each street; said plan shall be deposited by the surveyor of the parish in the office of the clerk or parish recorder of the parish where the land is situated; and public notice shall be given by said surveyor in the State paper, during thirty days, directing all persons interested to present their opposition to the original plan deposited, as aforesaid, with the clerk or parish recorder, which opposition shall be referred to and be decided by the district courts; and said original plan, when not opposed within the delay aforesaid, or when modified in the opposition filed, shall be registered by the said clerk or recorder in his office, and shall be authentic evidence of the description and dimensions of said property.

Their description and dimensions; how established.

the State; his

ART. 76. The Treasurer, Auditor, Attorney General and Sec- Treasurer of retary of State shall be elected by the qualified electors of the election and State for the term of four years; and in case of vacancy caused term of office. by death, resignation or permanent absence of either of said officers the Governor shall fill such vacancy by appointment, with the advice and consent of the Senate; provided, however, That notwithstanding such appointment, such vacancy shall be filled by election at the next election after the occurrence of the vacancy.

ART. 77. The Auditor of Public Accounts shall receive a salary of two thousand five hundred dollars per annum; the Treasurer shall receive a salary of two thousand dollars per annum; and the Secretary of State shall receive a salary of one thousand eight hundred dollars per annum. Each of the before named officers shall be paid monthly, and no fees or perquisites or other compensation shall be allowed to said officers; provided, That the Secretary of State may be allowed fees as may be provided by law for copies and certificates furnished to private persons.

His salary.

Clerical ex

ART. 78. Appropriations for the clerical expenses of the officers named in the preceding article shall specify each item of penses. such appropriations, and shall not exceed in any one year, for the Treasurer, the sum of two thousand dollars; for the Secretary of State, the sum of one thousand five hundred dollars; and for the Auditor of Public Accounts, the sum of four thousand dollars.

To give bond

SEC. 2555. The Treasurer shall, within ten days after being 1855 -447. officially informed of his election, and before he shall be com- and security missioned or enter on the discharge of the duties of his office, within ten days. execute and deliver to the Governor a bond payable to the Governor for the time being and his successors in office, for the sum of fifty thousand dollars, with not less than five good and solvent securities, freeholders within and citizens of the State, to be