2. Every surveyor shall promptly and faithfully exe- Ordemortwr-ey.
cute every order of survey, made by any court, of lands v. 4-a
lying in his county, and make out and return a true plat
and certificate thereof, accompanied by explanatory notes.
If he fail to do so, he shall forfeit twenty dollars to the Pe-Utjortaia-
party injured, and with his sureties shall be, moreover, lia-
ble, jointly and severally, to an action for damages, on his
3. In surveying lands, which shall have been previous- IYL7:doYpious.
ly surveyed, he must execute the same by the magnetic
meridian, but shall certify and show in his plat the degree V. I. 478.
of variation in the magnetic needle from the true meridian
at the periods of the original survey and of the re-survey,
if it can be done.
1. Every survey shall be made by horizontal measure- ,nt'unt
2. A surveyor failing to comply with any of the provis- Penaity lotr ilure
ions of this section shall forfeit and pay to the party ag-
grieved fifteen dollars; and he, with his sureties, shall be
liable to such party for any damage or costs sustained by
1. When the office of surveyor is vacant, the county v
court shall order the clerk to take charge of the books and
papers of the said office, and the clerk during such va-
cancy shall give certified copies of the same, when de-
manded, which shall be evidence in any court as if certi-
fied by the Lurveyor.- When another surveyor is qualified,
the court shall order that he have charge of said books
2. An order of survey may in any case be directed to BySwhom sur.
any person, at the discretion of the court, or by the con-
sent of the parties.