and that he will faithfully discharge the duties of a licensed land surveyor, as defined in this act.

Sec. 2. Upon receipt of such certificate and oath by the state surveyor-general, it shall be his duty forthwith to issue to such applicant a license, without charge, 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.

Sec. 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 be not a graduate, the fact must be stated in the license; his birthplace, age, and to whom issued; the name of the person upon whose certificate the license is issued, and the date of its issuance.

Sec. 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 and record thereof shall be kept by him, and a list of all licensed land surveyors shall be kept by him, and he shall monthly transmit to the county recorder of each county in this state a full and correct list of all persons so licensed; and it is hereby made the duty of such recorders to keep such lists in their offices in such a way as they may be easily accessible to all persons.

Sec. 5. Within twenty days after the passage of this act, the governor shall appoint three surveyors in good standing, members of the Technical Society of the Pacific Coast, and two other surveyors in good standing, not members of such society, as a board of examining surveyors,

who shall conduct such examinations and make such inquiries as to them may seem necessary to ascertain the qualifications of applicants for surveyors' licenses.

Sec. 6. A majority of the board of examining surveyors shall meet on the first Friday of each month during their term of office, in the rooms of the Technical Society of the Pacific Coast, in San Francisco, and at such other times and places as they may select. The members of the board shall hold office for the term of one year from the date of appointment, and shall serve without compensation.

Sec. 7. Every licensed surveyor shall have a seal of office, the impression of which must contain the name of the surveyor, his principal place of business, and the words "Licensed surveyor'; and all maps and papers signed by

Gen. Laws-85

him, and to which said seal has been attached, shall be prima facie evidence in all the courts of this state.

Sec. 8. Surveyor's licenses, issued in accordance with this act, shall remain in force until revoked for cause, as hereinafter provided.

Sec. 9. Every licensed surveyor is authorized to administer and certify oaths, when it becomes necessary to take testimony to identify or establish old or lost corners; or, if a corner or monument be found in a perishable condi tion, and it appears desirable that evidence concerning such corner or monument be perpetuated; or whenever the importance of the survey makes it desirable, to administer an oath for the faithful performance of duty to his assistants. A record of such oaths shall be preserved as a part of the field notes of the survey.

Sec. 10. 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 surveys, except those relating to the retracing or subdivision of cemetery or town lots, whether the survey be made for private persons, corporatións, cities, or coun ties, to set permanent and reliable monuments, and such monuments must be permanently marked with the initials of surveyor setting them.

Sec. 11. Within sixty days after a survey relating to the sale or subdivision of lands, the retracing or establish ing of property and boundary lines, public roads, or trails, original cemetery or town sites, 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 draughtsman-like manner, on one or more sheets of firm paper of the uniform size of twenty. one by thirty inches. This record either an original plat or a copy thereof, and must conof survey shall be tain all the data necessary to enable any competent prac tical 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,

monu

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 town-site 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 townships and ranges within which the survey is located; the signature and seal of the surveyor; provided, that nothing in this section shall require a record to be made of surveys of a preliminary nature where no ments or corners are established; provided further, that if the survey can be as well described in writing, or by a small diagram, or by both, the surveyor shall file with said recorder, a record of such a survey, either in writing or by diagram, or by both writing and diagram. Such record shall be on one or more sheets of writing paper, drawing paper, or cloth, of a uniform size of eight by twelve and onehalf inches, and shall contain all the data as required on the larger record as described above; provided, further, that if the survey relate to the retracing of lines of lots or tracts of land of which a map is already on file in said recorder's office, and no changes are made in dimensions or angles, by the resurvey, from those given on said map or plat, the surveyor shall not be required to file a record of such a survey. [Amendment approved March 20, 1903.

Stats. 1903, p. 267.]

Sec. 12. 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 he shall make no charge for filing and indexing such records of surveys.

Sec. 13. Upon the failure of any licensed surveyor to comply with the requirements of this act and the furnishing of satisfactory proofs of such fact, 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 eleven of this act shall be a misdemeanor, and any person convicted of such violation shall be punished by a fine not to exceed more than one

hundred dollars, or imprisonment in the county jail not exceeding thirty days.

Sec. 14. In case said board shall refuse to meet and examine applicants for licenses as in this act provided, and issue to such applicants the certificate or certificates mentioned in this act, if such person be a fit and com petent person to receive the same, they may be compelled to do so by mandamus; and if upon the hearing of such mandamus it appears that they have willfully and wrong. fully refused to examine any applicant, or to issue him a certificate when he is entitled to the same, such board so refusing or failing shall be, jointly and severally, liable for all cost of said mandamus proceeding, including at torney's fee of five hundred dollars, and shall be so jointly and severally liable to any person aggrieved by such refusal, in the sum of five hundred dollars, as fixed, settled, and liquidated damages, which may be recovered in any court in this state, and the judgment (if it be for plaintiff) in mandamus shall be prima facie evidence of such injury and damage in any action which may be brought to recover damages under the provisions of this act.

Sec. 15. AH that part of the Code of Civil Procedure of this state relating to mandamus is hereby made applicable to the provisions of this act; and all proceedings in mandamus under this act shall be in accordance therewith.

Sec. 16.

This act shall take effect on the first day of July, eighteen hundred and ninety-one.

ACT 3993.

TITLE 4883.
SURVEYS.

An act to further perpetuate the markings of the govern ment survey.

[Approved March 18, 1905. Stats. 1905, p. 102.] Section 1. When in the performance of his official duties any county surveyor 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

galvanized 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.

Sec. 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.

Sec. 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.

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

АСТ 3995.

TITLE 489.

SUTTER COUNTY.

Auditor and treasurer of to cancel certain certificates of the register of. the state land office and certain controllers' warrants. [Stats. 1877-8, p. 324.]

АСТ 3996.

Authorizing the transfer of funds. [Stats. 1875-6, p. 249.]

"Superseded by subd. 18, sec. 25, County Government Act, 1897, 463.-Code Commissioners' Note.

АСТ 3997.

To authorize the transfer of certain funds in. [Stats.

1877-8, p. 1020.]

This act authorized the transfer of funds from the road district fund to the school fund on the petition of a majority of the taxpayers.

ACT 3998.

To provide for a separate judge for each of the counties of Yuba and Sutter. [Stats. 1897, p. 48.]