||LAWS OF UTAH. 81 porated cities, the County and City Beeorders, and Justices of the Peace, in their respective jurisdiction are authorized to take the acknowledgment of deeds, transfers and other instruments of writing. Sec. 3.-Whenever the acknowledgment of any instruments of writing is made, the officer before whom the acknowledgment is taken shall affix his official signature thereto. The Eecorder shall certify on each instrument of writing recorded by him, the book, page and date of the record. Sec. 4.-The County Recorder shall not record any land to any person on application or by transfer, until a certificate of the survey has been produced that such land has been surveyed, and such certificate of survey has been approved and countersigned by one or more of the Selectmen of the county. ' Sec 5.-One year shall be allowed to persons having land surveyed to enclose and fence said land; and, on their failing to enclose said land within one year, their title to said land shall be nullified; and such land is common, and may be surveyed to any person applying for the samel Sec. 6.-The Recorder shall be entitled to fifty cents for the first one hundred words, and twenty cents for each subsequent one hundred words, for each instrument of writing recorded by him, including the acknowledgment; and fifteen cents a lot for each plot recorded including the letters and figures thereon, and the certificate of record. 1 Approved, Jan. 19, 1S55. . ' . CHAPTER XLVIII. An ACT to regulate Surveyors and Surveying. Sec. 1.-Be it enacted by the Governor and Legislative Assembly of the Territory of Utah; That the office of County Surveyor, be aod hereby is created; and that there shall be a County Surveyor to be elected in each county by the qualified voters at the next general election, whose term of office shall be two years, and until his successor in office shall be qualified. Sec. 2.-The County Surveyor shall, before entering upon the duties of his office, take an oath of office, and give bonds and security, to be approved by the Probat© Judge, and to be filed in the office of the Clerk of the Probate Court. Sec. 3.-The County Surveyor shall, within thirty days after completing any survey, make true copies or diagrams of the same, and transmit one to the Surveyor General, and one to the County Recorder; and give a certificate of such survey to the person for whom it was made, describing the tract, block or lot, and number of acres contained; and such certificate shall be title of possession to the person or persons holding the same. Sec. 4.-"Where any survey has been made within this Territory, and the bounds cannot be identified, and disputes arise between rightful claimants, respecting said lines and bounds, the parties so in dispute, or either of them, pay, by notifying the other party, of his, her, or their intention, have a re-survey of said lines so in dispute, to be re-surveyed by either the Surveyor General, or the County Surveyor, at the option of the party, or parties so requiring such re-survey. Should the parties or either of them be dissatisfied with such re-survey, they, or either of them, may, at his, her, or their expense, have another re-survey by both the Surveyor General and County Surveyor, whose duty it shall be to make the re-survey as near like the former survey as they can, and such re-survey shall be final, and establish such bounds. ¦ , . Sec. 5.-Where any transfer shall be made of any surveyed lands, or part or parts thereof, it sball be the duty of the transferer to certify in writing such transfer to the person to whom the transfer is made, with a full description of what part or parts, how much or length of line or lines, and number of acres, and the person or persons to whom transferred; to legalize a claim to such land, shall within thirty days thereafter cause such transfer to be recorded in the County Recorder's office. Seo. 6.-If any surveyor shall survey land or lands for the purpose of cultivation, where to irrigate it would rob other previously cultivated lands of the needful portion of water, .such last survey shall be void for cultivating purposes.