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"Unconstitutional in part: Fitch v. Supervisors, 122 Cal. 285. See 1885, p. 95; San Diego Land Co. v. National City, 174 U. S. 739."-Code Commissioners' Note.

This act related to the fixing of water rates. See this act post, Act 4348.

ACT 3959.

Authorizing boards of supervisors to pay expenses of posse comitatus in criminal cases. [Stats. 1880, p. 102.]

In full in Appendix to Penal Code, p. 898.

ACT 3960.

To confer power upon supervisors to complete sewers.

p. 76.]

[Stats. 1881,

Superseded by County Government Act and the charter of San Francisco.
Citations. Cal. 98/683.

ACT 3961.

Authorizing any board of supervisors to refund the bonded indebtedness. [Stats. 1885, p. 211.]

Superseded by subd. 18, § 25, 1897, p. 460.

ACT 3962.

Authorizing board of supervisors to transfer certain funds. [Stats. 1880, p. 133.]

Superseded by subd. 18, § 25, 1897, p. 463, and by §§ 4053, 4054 of Politi cal Code.

This act authorized the transfer of swamp land funds to the general fund.
Citations. Cal. 142/449, 450.

ACT 3963.

Empowering boards of supervisors to levy a special tax for the purpose of displaying products and industries of any county at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state. [Stats. 1901, p. 589.] See this act post, Act 4041.

ACT 3968.

TITLE 504.

SUPREME COURT COMMISSION.

To provide for the appointment of supreme court commissioners.

[Stats

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Providing for the appointment of supreme court commissioners and their secretary. [Stats. 1893, p. 1.]

Continued 1897, p. 47; c. LII; 1899, p. 11; 1901, p. 273; 1903, p. 178.
See note on page 855 of Code of Civil Procedure.

TITLE 505.

ACT 3974.

SUPREME COURT LIBRARY.

To provide a law library for the supreme court. [Stats. 1867-68, p. 659.] Superseded by Political Code, §§ 2313-2316.

АСТ 3975.

To authorize the justices of the supreme court to appoint a librarian for said court, and fixing a salary. [Stats. 1893, p. 132.]

ACT 3980.

TITLE 506.

SUPREME COURT REPORTER.

Providing for the appointment of a deputy supreme court reporter. [Stats. 1881, p. 9.]

Repealed 1905, p. 210.

TITLE 507.

ACT 3985.

SURVEYOR-GENERAL.

Authorizing the state surveyor general to furnish his office and vault therein, and making an appropriation therefor. [Stats. 1903, p. 252.]

TITLE 508.
SURVEYORS.

ACT 3990.

An act to define the duties of and to license land surveyors. [Approved March 31, 1891. Stats. 1891, p. 478.]

Amended 1903, p. 267. Repealed 1907, p. 310. See next act.

Citations. Cal. 104/67; 142/588.

ACT 3991.

An act to define the duties of and to license land surveyors, and to repeal an act entitled, "An act to define the duties of and to license land surveyors," approved March 31, 1891.]

[Approved March 16, 1907. Stats. 1907, p. 310.]

Requirements to receive license.

§1. Every person desiring to become a licensed land surveyor in this state must present to the state surveyor general of this state a certificate that he is a person of good moral character; also a certificate signed by three licensed surveyors, which certificate shall set forth that the person named therein is, in the opinion of the person signing the same, a fit and competent person to receive a license as a land surveyor, together with his oath that he will support the constitution of this state and of the United States, and that he will faithfully discharge the duties of a licensed land surveyor, as defined in this act.

Surveyor general to issue license.

§ 2. Upon receipt of such certificate and oath by the state surveyor general, it shall be his duty to forthwith issue to such applicant a license, which license shall set forth the fact that the applicant is a competent surveyor, or that he has had at least two years' experience in the field as a surveyor or assistant surveyor.

Contents.

§ 3. Such license shall contain the full name of the applicant; the technical institution from which he is a graduate (if he be a graduate), or if he is not a graduate, the fact must be stated in the license; his birthplace, age, and to whom issued; the names of the licensed surveyors upon whose certificate the license is issued, and the date of its issuance, Lists to be sent to county recorders.

§ 4. All papers received by the state surveyor general on application for licenses shall be kept on file in his office, and a proper index ar record thereof shall be kept by him, and a list of all licensed lan surveyors shall be kept by him, and he shall monthly transmit to th county recorder of each county in this state a full and correct list of al persons so licensed; and it is hereby made the duty of such records to keep such lists in their offices in such way as they may be easi accessible to all persons.

Seal of office.

§ 5. Every licensed surveyor shall have a seal of office, the impressi of which must contain the name of the surveyor, his principal place business, and the words "licensed surveyor"; and all maps and pape signed by him, and to which said seal has been attached, shall be prin facie evidence in all the courts of this state.

Term of license.

§ 6. Surveyors' licenses issued in accordance with this act, shall re main in force until revoked for cause, as hereinafter provided.

May administer oaths.

§ 7. Every licensed surveyor is authorized to administer and certify oaths, when it becomes necessary to take testimony to identify or estab lish old or lost corners; or if a corner or monument be found in a perishable condition, and it appears desirable that evidence concerning such corner or monument be perpetuated; or whenever the importance of the makes it desirable, to administer an oath, for the faithful performanc of duty, to his assistants. A record of such oaths shall be preserved as part of the field-notes of the survey.

Duty of surveyors.

§ 8. Every licensed surveyor is hereby authorized to make surveys relating to the sale or subdivision of lands, the retracing or establishing of property or boundary lines, public roads, streets, alleys, or trails; and it shall be the duty of each surveyor, whenever making any such sur

veys, except those relating to the retracing or subdivision of cemetery or town lots, whether the survey be made for private persons, corporations, cities, or counties, to set permanent and reliable monuments, and such monuments must be permanently marked with the initials of the surveyor setting them.

Record of surveys. What record must show.

§9. Within sixty days after a survey relating to the sale or subdivision of lands, the retracing or establishing of property and boundary lines, public roads or trails, original cemetery or townsites, and their subdivisions has been made by a licensed surveyor, he shall file with the recorder of the county in which such survey or any portion thereof lies, a record of survey. Such record shall be made in a good draughtsmanlike manner, on one or more sheets of firm paper of the uniform size of twenty-one by thirty inches. This record of survey shall be either an original plat or a copy thereof, and must contain all the data necessary to enable any competent practical surveyor to retrace the survey. The record of survey must show: All permanent monuments set, describing their size, kind and location, with reference to the corners which they are intended to perpetuate; all bearing or witness trees marked in the field; complete outlines of the several tracts or parcels of land surveyed within courses, and lengths of boundary lines; the angles, as measured by Vernier readings, which the lines of blocks or lots, if the record relate to an original townsite survey, make with each other and with the center lines of adjacent streets, alleys, roads, or lanes; the variations of the magnetic needle with which old lines have been retraced; the scale of the map, the date of survey; a proper connection with one or more points of an original or larger tract of land, and the name of the same; the name of the grant or grants, or of the township and ranges, within which the survey is located; the signature and seal of the surveyor; provided, that nothing in this section shall require record to be made of surveys of a preliminary nature, where no monuments or corners are established.

County recorder to index records of surveys.

§ 10. The record of surveys thus filed with the county recorder of any county must be by him pasted into a stub book, provided for that purpose, and he must keep a proper index of such records, by name of owner, by name of surveyor, by name of grant, city, or town, and by United States subdivisions; and in all cases where such maps, plats, diagrams, or descriptions are filed by a state licensed land surveyor the county recorder shall make no charge for filing and indexing such records of surveys.

Revocation of license.

§ 11. It shall be the duty of the county surveyor of each county, immediately on ascertaining that any licensed surveyor has failed to comply with the requirements of this act, to furnish the surveyor general with satisfactory proofs of such fact. Upon receipt of such proofs, the

state surveyor general must revoke his license, and no other license shall be issued to him within one year from such revocation. A violation of section 9 of this act shall be a misdemeanor, and any person convicted of such violation shall be punished by a fine not to exceed one hundred dollars, or imprisonment in the county jail not exceeding thirty days.

Fees of surveyor general.

§ 12. The surveyor general shall receive a fee of ten dollars for each license, and five dollars for each duplicate license, issued by him; the fees so received to be paid into the state treasury to the credit of the general fund as provided in section 3574 of the Political Code.

Repeal of prior acts.

§ 13. An act entitled "An act to define the duties of and to license land surveyors," approved March 31, 1891, and all other acts, and parts of acts, in conflict with this act, are hereby repealed.

§14. This act shall take effect immediately.

TITLE 509.
SURVEYS.

ACT 3993.

An act to further perpetuate the markings of the government survey. [Approved March 18, 1905. Stats. 1905, p. 102.]

§ 1. When in the performance of his official duties any county sur veyor shall find a government corner which has been marked by any government surveyor by placing charcoal in the ground, or by a wooden stake, earth mound, or other perishable monument, it shall be his duty. to remark said corner by placing therein a monument of heavily galvan ized iron pipe or galvanized iron stake not less than two inches in diameter and not less than two feet long, or other monument not less in size and equally imperishable.

§ 2. All such monuments located in public highways shall be placed with the top not less than twelve inches below the surface of the ground. but when not located in public highways, they shall be placed with the top six inches above the surface of the ground. If the top of the monument is placed above the ground, it shall be not less than four feet long. if of metal.

§3. The surveyor shall note witness objects that are within a reasonable distance of any corner, and state distance and course from said corner, and record the same in a properly indexed record-book kept in the county surveyor's office, which shall be a public record.

§ 4. All boards of supervisors are required to furnish all necessary pipes or stakes for monuments for their respective counties without cost, on demand.

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