Page images
PDF
EPUB

SURVEYING, PLATTING, AND RECORDING.

Survey and plat necessary.

Lots and squares numbered.

Base line, how formed.

CHAPTER 84.
CHA

AN ACT TO PROVIDE FOR SURVEYING, PLATTING, AND
RECORDING TOWNS AND CITIES.

Be it enacted by the Legislative Assembly of the Territory of
Dakota :

SECTION 1. When any person wishes to lay out a town in this territory, or an addition or subdivision of out lots, such person shall cause the same to be surveyed and a plat thereof made, which shall particularly describe and set forth all the streets, alleys, commons, or public grounds, and all in and out lots or fractional lots, within or adjoining to said town, giving the names, width, courses, boundaries, and extent of all such streets and alleys.

SECT. 2. All the in lots intended for sale shall be numbered in progressive numbers or by squares in which they are situated, and their precise length and width shall be stated on said map or plat; and out lots shall not exceed ten acres in size, and shall, in like manner, be surveyed and numbered, and their precise length and width stated on the plat or map, together with any strects, alleys, or roads which shall divide or border the same.

SECT. 3. The proprietor or proprietors of the town, addition or subdivision of out lots, by themselves or agents, shall, at the time of surveying and laying the same, cause to be planted and firmly fixed in the ground on the line of the main streets of said town, two good and sufficient stones of such size and dimension as the surveyor shall direct. Said stones to be at least two hundred and fifty yards apart, and the lines thus formed shall be a base line from which to make future surveys; and the point or points where the same may be found, shall be distinguished on the plat or map.

SECT. 4. The plat or map, after having been completed,

Plat or map

shall be certified by the surveyor and the officers, and every certified and acperson or persons whose duty it shall be to comply with the knowledged. foregoing requisitions, shall, at or before the time of offering said plat or map for record, acknowledge the same before any person authorized to take the acknowledgment of deeds. A certificate of such acknowledgment shall, by the officer taking the same, be indorsed on the plat or map, which certificate of the survey and acknowledgment shall also be recorded and form a part of the record.

Of lands donated or granted.

SECT. 5. When the plat or map shall have been made out and certified, acknowledged and recorded, as required by this chapter, every donation or grant to the public, or any individual or individuals, religious society or societies, or to any corporation or body politic, marked or noted as such on said plat or map, shall be deemed, in law and equity, a sufficient conveyance to vest the fee-simple of all such parcel or parcels of land as are therein expressed, and shall be considered to all [intents] and purposes a general warranty against such donor or donors, their heirs or representatives to said donee or donees, grantee or grantees, for his, her, or their use, for the uses and purposes therein named, expressed and intended, and no other use and purpose whatever; and the land intended to be Land for [used] for the streets, alleys, ways, commons, or other public uses, in any town or city or addition thereto, shall be held in the corporate name thereof, in trust to and for the use and purposes set forth and expressed or intended.

streets, &c.

If county not organized, plat

SECT. 6. If the county in which said town or addition is situated shall not be organized, then in that case the plat or recorded, where. map shall be recorded in the register's office of that county to which the county in which said town is situated shall at the time be attached for judicial purposes.

If towns, &c., have been laid

out without com

plying with this

SECT. 7. When any town, addition, or subdivision has been heretofore laid out and lots sold in this territory, by agents or proprietors, and a plat or map of the same has not been ac- act. knowledged and recorded in conformity with acts heretofore in force, it shall be the duty, and it is hereby required of the county commissioners, or a majority of them, in such county, or proprietor or proprietors, who have laid out the same, or his, her, or their legal representatives, to have the same fairly, fully, and clearly made out, acknowledged and recorded in the proper county, in the form and manner required by this

Proviso.

Fees of surveyor and regis

ter.

If sale or lease

offered before this

act is complied

chapter; noticing and particularly [describing] the donation of lands or otherwise, to individual societies, bodies politic, or for common or public purposes: Provided, That if the lots shall have been differently numbered and sales made, and they cannot be well changed, they shall be returned as originally stated, but in all other respects the plat or map shall conform to the requisitions of this chapter.

SECT. 8. The surveyor who shall lay out, survey, and plat any town or addition, shall be entitled to receive twenty-five cents for each and every in and out lot the same may contain, unless otherwise agreed; and the register of deeds of the county recording the same, shall receive the sum of two cents for each and every lot as aforesaid, the said plat and survey to be by him transcribed or copied into a book to be provided for that purpose.

SECT. 9. If any person or persons shall dispose of, offer for with. Penalty. sale, or lease for any time, any out or in lots in any town or city, or in any addition to any town or city, or any part thereof, which shall hereafter be laid out, until all the foregoing requisitions of this chapter shall have been complied with; every person so offending shall forfeit and pay the sum of ten dollars for each and every lot or part of a lot sold or disposed of, leased or offered for sale.

If officer or other person neglect to do duty. Penalty.

Towns hereto

fore laid out must

be recorded

within three months.

Of forfeitures and liabilities.

SECT. 10. If any county officer or other person or persons whose duty it is to comply with any of the requisitions of this chapter, shall neglect or refuse so to do, he or they shall forfeit and pay a sum of not less than ten nor more than one hundred dollars, for each and every month he or they shall delay a compliance.

SECT. 11. All towns heretofore laid out, shall be platted or mapped in accordance with the provisions of this act, and the plats or maps of the same shall be recorded within three months from the passage of this act, in the office of the register of deeds of the proper county.

SECT. 12. All forfeitures and liabilities which may be incurred or arise under this act, shall be prosecuted for and recovered in the name of the county treasurer; and any officer or officers paying over any money to the said treasurer, received under any of the provisions of this act, shall take his receipt therefor, and forthwith file the said receipt with the clerk of the board of county commissioners, and the said clerk

shall charge the amount of said receipt against said treasurer on the books of the county commissioners.

may alter or vacate towns.

SECT. 13. The district courts are hereby authorized and District court empowered, on application made by the proprietors of any town within their proper county, to alter or vacate the same or any part thereof.

SECT. 13. If any proprietor or proprietors of a town shall be desirous of altering or vacating the same or any part thereof, such proprietor or proprietors shall give notice in writing of such intended application, in at least two of the most public places in the county wherein such town may be situated, and insert a copy thereof in a newspaper printed or in circulation in said county, if there be one, at least forty days prior to the sitting of the court to which he or they intend to make such application.

Notice of applition, how given.

cation for vaca

before the court.

SECT. 15. If such applicant or applicants shall produce to Proceedings said court satisfactory evidence that the notice required by the preceding section of this chapter has been given, the court shall proceed to hear and determine said petition, and may alter or vacate said town or any part thereof, and order their proceedings thereon to be recorded by the clerk, with the records of said court.

Words "chapter" and "act"

SECT. 16. The words chapter and act as used in the foregoing provisions, shall be construed to mean one and the mean same thing. same thing.

SECT. 17. This act shall take effect from and after its passage, and approval by the governor.

Take effect,

Approved April 24, 1862.

W. JAYNE, Governor.

SWINE.

Swine not to run at large, when.

& If found at large.

Taker up to give what notice.

If no owner calls for hogs.

Counties may adopt or reject this law, how.

CHAPTER 85.

AN ACT TO PREVENT SWINE RUNNING AT LARGE.

Be it enacted by the Legislative Assembly of the Territory of
Dakota :

SECTION 1. That no swine shall be permitted to run at large in any of the counties of this territory at any time between the first day of April and the last day of October of each year.

SECT. 2. Any such swine found running at large, contrary to the provisions of the foregoing section, may be taken up and secured until the owners of such hogs shall call for, pay charges and damages, and take away the same.

SECT. 3. Any person or persons taking up any swine or hogs found running at large, shall within three days after taking up the same, give notice thereof by publication for three consecutive weeks, in some newspaper published within the county, or by posting up written notices for three weeks in three of the most conspicuous places in the township in which such hogs may be taken up.

SECT. 4. If no owners call for said hogs within six weeks after notice of the taking up of the same, it shall be lawful for the taker up to keep and dispose of said hogs for the satisfaction of charges and damages, and to pay the residue if any into the county treasury.

SECT. 5. That at the next general election the qualified voters of each county shall designate upon their ballots whether they are for or against the hog law, and if upon canvassing the votes cast at said election there shall be a majority against the provisions of this act, then the act shall be null and void in said county or counties where said vote shall be cast, otherwise to remain and be in full force.

« PreviousContinue »