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hundred and thirty-four, twenty hundred and thirty-seven, twenty hundred and thirty-eight of the fifth division of the compiled statutes of Montana be amended so as to read as follows:
Section twenty hundred and thirty-one-Whenever any city, town or village shall be laid out the proprietor or proprietors of the city, town or village or additions laid out shall cause to be made an accurate plat or map thereof, setting forth: First, all streets, alleys, avenues and highways, and the width thereof. Second, all parks, squares and all other grounds reserved for public uses, with the boundaries and dimensions thereof. Third, all lots and blocks, with their boundaries, designating such lots and blocks by numbers and giving all the dimensions of every lot and block so designated; also showing the angles of intersection of all boundary lines of such lots and blocks, whenever such angle of intersection is not a right angle; also the location of all stone or iron monuments set to establish street lines; also the exterior boundaries of the piece of land so platted, giving such boundaries by true courses and distances; also the exact location of all section corners, or legal subdivision corners of sections within the limits of said plat; and the adjoining block corners of all surveyed and adjoining additions. In case no such section or subdivision corners are within the limits of the plat, it shall show a connection line to some corner or initial point of the government surveys, if there be any such within one mile of such townsite. All distances marked on said plat shall be in feet and decimals of a foot, An accurate survey of such town or village site or addition shall be made by a competent surveyor, who shall mark all the corners of the lots and blocks so laid out and shown on the plat, by substantial stakes or monuments. He shall set stone or iron monuments at the points of intersection of the center lines of all streets where practicable. If not practicable to set such monuments at the points of intersection of said streets, they shall be set as near such point as possible, and their location shall be shown by marking on said plat the distances to the block corners adjacent thereto. The top of such monuments to be placed ore foot below the surface of the ground, and the monuments shall be at least six inches by six inches, by one foot in depth. If a stone is used it shall have a cross cut in the top at the point of intersection of the street lines, or a hole may be drilled in the stone to mark such point. Iron monuments shall be at least two inches in diameter (which may be either solid iron or gas pipe) by two and one-half feet in length. The dimensions of such monuments to be marked on the plat. Such monuments shall establish permanently the lines of all streets. The surveyor shall also make and subscribe on said plat a certificate that he has made such survey and plat according to the provisions of this act, stating the date of such survey. And he shall make oath thereto before some officer authorized to administer oaths.
Section two thousand and thirty-two-The proprietors of the land so platted, or their attorneys, duly authorized, shall make on such plat, a certificate to be known as the certificate of dedication, which shall be substantially in the form following, viz: We .... hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets and alleys, as shown by the plat and certificate of survey hereunto annexed, the following described tract of land, to wit: (Here describe land included in plat) to be known and designated (here give full name of town, village or addition) and the lands included in all streets, avenues and alleys, and parks or public squares shown on said plat, are hereby granted and donated to the use of the public forever. Dated this ...., day of
., A. D. ..... This certificate of dedication shall be signed by all the proprietors of the land included in the plat, and shall be acknowledged by them in the same manner as required by law to entitle deeds to be recorded: Provided, That all persons holding mortgages thereon shall, in addition to signing said certificate of dedication, execute a release of such mortgage or mortgages on such portion of the land as may be specified in said certificate of dedication, and such release shall be filed for record in the office of the County Recorder within thirty days from date of execution of the
Section two thousand and thirty-three-All such plats of lands in or adjoining any incorporated city or town, shall be examined and approved by the council or board in which the municipal authority of such corporation is invested, and a copy of such plat shall be filed with the clerk of such corporation. A certificate of such approval signed by the city or town clerk, and also the certificate of the city engineer of said city or town, if there be one, that the plat conforms to adjoining additions or parts of the city or town already platted, as near as the configuration of the ground will admit, shall be written on such plat before the same shall be filed in the recorder's office of such county. The plats of additions to unincorporated cities or towns shall be referred to the county commissioners of the county in which such additions are situated, who shall examine them and see that they conform to the parts of the city or town already platted, and who shall then, if they find the plats correct, attach their approval thereto.
Section two thousand and thirty-four-All plats of cities, towns or villages, or additions thereto, shall be made on mounted drawing paper and filed and recorded in the office of the recorder of the county in which the lands are situated. Before filing such plat or plats the board of county commissioners shall examine the same and see that all the requirements of this act in regard thereto have been complied with. The recorder shall provide, at the expense of the county, a well bound book of mounted drawing paper, and of convenient size for public use, to be designated “Platt Book No.
,” in which he shall make a true copy of every plat filed by
him under this act, and of all certificates thereon (except that the scale and size of the plat may be changed to fit the book) and shall certify to the correctness of such copy, which book shall be a public record, and he shall safely keep the original plat for inspection only, to test the accuracy and genuineness of such copy. For filing and recording such plat, the recorder shall receive as fees, the sum of twenty-five cents for each lot or subdivision shown thereon to the number of one hundred, and fifteen cents for each lot shown thereon in excess of one hundred: Provided, That for recording any such plat showing less than forty lots or subdivisions, he shall receive the sum of ten dollars, and that the fee for recording any plat shall not exceed one hundred dollars.
Section two thousand and thirty-seven-The recorder of each county in this territory is hereby authorized and required, within one year from the date of the passage of this act, to provide suitable plat books of mounted drawing paper, and to cause to be copied in such books, all plats of ci ies, towns and additions thereto, and all suddivision plats of lands in his county with the certificates thereon or attached to said plats, and to certify to the same as provided in this act for plats hereafter to be filed, and shall receive the same fees as provided in this act for recording such plats, which fee shall be paid out of the county treasury, and all original plats in his office shall be safely kept by the recorder for inspection only.
Section two thousand and thirty-eight-Such plat must be recorded before any lots or blocks are sold or transferred by deed or contract or leased, and the proprietor or proprietors of any city, town or village, site or addition, or any part thereof, shall forfeit or pay for each lot so sold, transferred or leased, a penalty of not less than ten dollars nor more than one hundred dollars. Such penalty may be recovered in a suit brought in the name of the people of the territory of Montana against such person or persons so offending, and such penalty when recovered, shall be paid into the county treasury of the county wherein said premises are situated, for the benefit of the common school fund. Any person or persons who shall willfully or knowingly destroy any stake, stone or monument, placed by any surveyor in this territory, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars for each and every stake, stone or monument so destroyed, which fine shall be paid into the county treasury in the county in which the offense was committed for the benefit of the common school fund.
SEC. 2. All laws and parts of laws in conflict herewith are hereby repealed.
Approved, March 14, 1889.
AN ACT to permanently fix and determine certain boundary lines and corners between
Deer Lodge, Missoula, Silver Bow and Beaverhead counties, and to provide for the
appointment of commissioners to determine the same. Be it enacted by the legislative assembly of the territory of Mon
SECTION 1. That the county commissioners of the counties of Deer Lodge, Missoula, Silver Bow and Beaverhead, at their regular meeting in their respective counties in June, A. D. 1889, be authorized, and it is hereby made their duty, to appoint one commissioner each for their respective counties, whose duty it shall be to commence at a point known as the southeast corner of township No. 4, north of range No. 10, west of the principal base and meridian for Montana territory, and plainly mark out, define and establish the dividing line between Deer Lodge and Silver Bow counties, from said point of commencement to its intersection with the middle branch of Stoney creek, at which intersection to plainly mark out, define and establish the corner between Deer Lodge and Silver Bow counties, from thence to plainly mark out, define and establish the dividing line between Missoula and Silver Bow counties, up the middle branch of Stoney creek to the summit of the Rocky Mountains, and on said summit of the Rocky Mountains to plainly mark out, define and establish the corner on said summit of the Rocky Mountains at which the counties of Missoula and Beaverhead converge.
SEC. 2. That said commissioners appointed under the provisions of section 1 of this act shall each take an oath before entering upon the discharge of their duties, before some officer duly authorized to administer oaths to faithfully and impartially discharge their duties as such commissioners, which oath shall be subscribed and filed with the clerk of their respective counties.
SEC. 3. That the said commissioners shall meet at Anaconda, Deer Lodge county and Territory of Montana, on the fifteenth day of July, A. D. eighteen hundred and eighty-nine or within twenty days thereafter, and immediately proceed to mark out, define and establish said dividing lines and said corners; and the dividing lines and the corners thus marked out, defined and established shall be