lars per annum, and such employees as may in the judgment of the Commissioners of the District of Columbia be required for the surveyor's office and operation, at an aggregate expense of not exceeding ten thousand dollars in any one year.

Sec. 1580. SCALE OF PLATS.—The plats and squares and R. 8. D. C., 475. subdivisions of the city of Washington shall be drawn upon a uniform scale of not less than one inch to fifty feet, and shall show the lines of all subdivisions of the squares as the same existed at the date of the completion of each square.

Sec. 1581. SUBDIVISIONS.-Whenever the proprietor R. 8. D. C., 477. of any square or lot shall deem it necessary to subdivide the same into convenient building lots or portions for sale and occupancy and alleys for their accommodation, he may cause a plat to be made by the surveyor, on which shall be expressed the dimensions and length of all the lines of such portions as are necessary for defining and laying off the same on the ground, and may certify such subdivision under his hand and seal, in the presence of two or more credible witnesses, upon the same plat or on a paper or parchment attached thereto.

Sec. 1582. At the request of the proprietor the surveyor shall examine whether the lots or parcels into which any square or lot may be subdivided as provided in the preceding section agree in dimensions with the whole of the square or lot so intended to be subdivided, and whether the dimensions expressed on the plat of subdivision be the true dimensions of the parts so expressed; [and if upon such examination he shall find the plat correct, he shall certify the same under his hand and seal, with such remarks as appear to him necessary, and shall record the plat as examined in a book to be kept by him for that purpose.] and whether said lots or parcels conform to the general orders of the Commissioners of the District of Columbia made under existing law or under authority of section sixteen hundred and one of this code; and if upon such examination he shall find the plat correct he shall certify the same under his hand and seal to the said Commissioners with such remarks as appear to him necessary; but no such plat or subdivision shall be admitted to record in the office of the surveyor without an order to that effect, indorsed thereon by said Commissioners. (32 Stat., Part I, p. 544.)

R. S. D. C., 478.

App. 53; R. 8. D.

Sec. 1583. REFERENCE TO SUBDIVISIONS.-When a sub-Columbia H. Realty Co. v. Macdivision of any square or lot shall be so certified, exam- farland, 32 D. C. ined, and recorded, the purchaser of any part thereof or C., 479. any person interested therein may refer to the plat and record for description in the same manner as to squares and lots divided between the Commissioners and original proprietors.

Sec. 1584. ALLEYS.-The ways, alleys, or passages laid R. S. D. C., 480. out or expressed on any plat of subdivision shall be and remain [to the public or subject to the uses declared by

R. S. D. C., 481.

Frizzell v. Mur

the person making such subdivision] at all times under the same police regulations as the alleys laid off by the Commissioners on division with the original proprietors.

Sec. 1585. DEFICIENCY OR EXCESS IN NUMBER OF FEET. Whenever the surveyor shall lay off any lot, or any parts into which a square or lot may be subdivided, as provided in this chapter, he shall measure the whole of that front of the square on which said lot or part lies, and if, on such admeasurement, the whole front of the square exceeds or falls short of the aggregate of the fronts of the lots on that side of the square, as the same are recorded, he shall, except in that portion of the city of Washington included within the limits of what formerly constituted the city of Georgetown, apportion such excess or deficiency among the lots or pieces on that front agreeably to their respective dimensions; and in that portion of the city of Washington included within the limits of what formerly constituted the city of Georgetown he shall allow such excess or charge such deficiency to the highest numbered original lot on that front of the square, or apportion such excess or deficiency among any lots into which such highest numbered original lot may have been subdivided: Provided, That wherever in the former city of Georgetown a square or block of land is intersected by the division line between two original additions to said city, the excess or deficiency found between the street lines and said division line shall be applied to the highest numbered original lot on each side of said division line, or apportioned among any lots into which such highest numbered original lot may have been subdivided.-Act of June 30, 1902 (32 Stat., Part 1, p. 544.)

(Repealed.)

[Sec. 1585. DEFICIENCY IN NUMBER OF FEET.-Whenever the surveyor shall lay off any lot, or any parts into which a square or lot may be subdivided, as provided in this chapter, he shall measure the whole of that front of the square on which such lot or part lies, and if, on such admeasurement, the whole front of the square exceeds or falls short of the aggregate of the fronts of the lots on that side of the square, as the same are recorded, he shall apportion such excess or deficiency among the lots or pieces on that front agreeably to their respective dimensions.] Sec. 1586. PARTY WALLS.-Whenever, on such adApp., 440. R. S. measurement, the wall of a house previously erected by any proprietor shall appear to stand on the adjoining lot of any other person in part less than seven inches in width thereon, such wall shall be considered as standing altogether on the land of such proprietor, who shall pay to the owner of the lot on which the wall may stand a resaonable price for the ground so occupied, to be decided by arbitrators or a jury, as the parties interested

phy, 19 D. C. D. C., 482.

R. 8. D. C., 483.

may agree.

Sec. 1587. If the wall of any house already erected cover seven inches or more in width of the adjoining lot, it shall be deemed a party wall, according to the regulations for building in the District, and the ground so occu

pied more than seven inches in width shall be paid for as provided in the preceding section.

Sec. 1588. The surveyor shall ascertain and certify R. 8. D. C., 484. and put on record, at the request and expense of any person interested therein, the fact of the occupation of land by a party wall, as mentioned in the preceding

section.

Sec. 1589. ADJUSTING LINES OF BUILDINGS.-It shall Ib. be the duty of the surveyor to attend [,when requested,] and examine the foundation or walls of any house to be erected, [when the same shall be level with the street or surface of the ground,] for the purpose of adjusting the line of the front of such building to the line of the street and correctly placing the party wall on the line of division between that and the adjoining lot; and his certificate of the fact shall be admitted as evidence and binding on the parties interested. (32 Stat., Part I, p. 545.)

Sec. 1590. ORDER OF SURVEY TO BE SPEEDILY EXECUTED. The surveyor shall, as speedily as possible, execute any order of survey made by any court or private individual of any lot or square within the city of Washington, or of any land within the District of Columbia outside of said city, and shall make due return of a true plat and certificate thereof.

28 Stat., 689.

Sec. 1591. SURVEYS FOR DISTRICT.-It shall be the Ib. duty of the surveyor to execute any surveying work for the District of Columbia without charge, on the order of the Commissioners; and all fees for surveys made by the surveyor or the assistant surveyor shall be paid over to the collector of taxes of the District of Columbia under regulations to be prescribed by the Commissioners of the District of Columbia, and be covered into the Treasury of the United States as other revenues of the District are now; and the field notes of the surveyor and his assistant shall be preserved and shall be a part of the public property of the Distrct of Columbia, and all records, plats, plans, and other papers or documents now existing, or hereafter made or secured by the office of the said surveyor, shall be delivered by each surveyor to his successor in office, and no plat or survey of land shall be recorded in the office of the surveyor of the District of Columbia except it be certified to as correct by the surveyor of said District.

Sec. 1592. ASSISTANT SURVEYOR'S DUTIES.-The assistant surveyor shall take the same oath his principal is required to take, and may, during the continuance of his office, discharge and perform any of the official duties of his principal and any default or misfeasance in office by the assistant surveyor, or other assistant or helper of the surveyor, shall be deemed a breach of the official bond of his principal.

Ib.

Sec. 1593. FEES.-The Commissioners of the District Ib. of Columbia are hereby authorized from time to time to prescribe a schedule of fees to be charged by the surveyor

Ib.

1871.

for his services, which schedule shall be printed and conspicuously displayed in the office of the surveyor.

Sec. 1594. SUBDIVISIONS OF UNITED STATES SQUARES.Whenever the President shall deem it necessary to subdivide any square or lot belonging to the United States within the city of Washington, not reserved for public purposes, into convenient building lots or portions for sale and occupancy, and alleys for their accommodation, he may cause a plat to be made by the surveyor in the manner prescribed in this chapter, which plat shall be recorded by the surveyor; and the provisions of this chapter shall extend to the lots, pieces, and parcels of ground contained in such plat as fully as to subdivisions made by individual proprietors.

L. A., Aug. 23, Sec. 1595. ALTERATIONS OF BOUNDARIES, AND SO FORTH.—Whenever the proprietor of any tract or parcel of land in the District of Columbia shall desire or deem it necessary to subdivide or alter boundaries, or change the surveys of any such tract or parcel of land, such subdivision, alteration, or change shall be by the surveyor of the District of Columbia, or his assistant, only, and shall be entered in the plat book or books of said surveyor. All such subdivisions, alterations, or changes shall be certified by the surveyor, the party wishing such plat, and two competent witnesses, whose names shall be appended thereto.

Ib.

Ib.

Ib.

Sec. 1596. RECORDS OF DIVISIONS.-All records, or copies thereof, of the divisions of squares and lots heretofore made between the public and the original proprietors, or which are authorized by this chapter, shall be kept in the office of the surveyor of the District of Columbia, and the surveyor shall put up, label, index, and preserve all the maps, charts, plats, plans, and other drawings and papers relating to the District of Columbia or which appertain to his office, and which may come to his office for deposit, record, or otherwise.

Sec. 1597. ERRORS.-Whenever it shall be made to appear to the satisfaction of the Commissioners that the surveyor has been guilty of culpable error or neglect, by which the District may be obliged to pay damages, it shall be lawful for the Commissioners to deduct and retain from the salary of the surveyor the amount of damages which the District may have paid in each and every case; and in case the salary then due the said surveyor shall be insufficient to cover the damages which the District shall have paid the Commissioners are hereby required to institute suit upon the bond of the surveyor for the recovery of such damages.

Sec. 1598. BOUNDARIES OF LOTS TO BE MARKED.-It shall also be the duty of the surveyor on the request of the proprietor or proprietors of any square, lot, or piece of ground within the District of Columbia to set out and mark the proper lines, and furnish to him, her, or them a certificate describing the dimensions and boundaries of the same, according to the plan.

Sec. 1599. BOOKS, MAPS, AND SO FORTH, TO BE KEPT Ib. BY SURVEYOR.-The surveyor shall keep his office in a room designated by the Commissioners for the purpose, and shall not be engaged in the transaction of any business appertaining to any other office or appointment which may be held by him, and shall in his said office preserve and keep all such maps, charts, surveys, books, records, and papers relating to the District of Columbia, or to any of the avenues, streets, alleys, public spaces, squares, lots, and buildings thereon, or any of them, as shall for the purpose of being deposited in his office come into his hands or possession; and shall, in books provided or to be provided for that purpose, keep a true record of every survey, certificate, or account which shall be made, issued, or prepared by him, and also shall preserve and keep in good order and repair the instruments in his said office belonging to the District.

Sec. 1600. PAPERS, AND SO FORTH, TO BE THE PROPERTY OF THE DISTRICT OF COLUMBIA.-All papers, plats, books, maps, and records of his office shall be deemed the property of the District of Columbia, and shall constitute a part of the public records; and in all cases of vacancy in the office, by resignation or otherwise, they shall be transferred to his successor in office.

Ib.

Sec. 1601. PLATS, WHEN TO BE RECORDED.-The Com, Sec. 1583; 7 D. C. App., 1; 25 missioners are authorized and directed to make and pub- stat, 51. lish such general orders as may be necessary to regulate the platting and subdividing of all lands and grounds in the District of Columbia under their jurisdiction; and no such plat of subdivision made in pursuance of such orders shall be admitted to record in the office of the surveyor of said District without an order to that effect indorsed thereon by the Commissioners of said District.

Ib.

Watson v. Car

Sec. 1602. STREETS, AND SO FORTH.-All spaces on any duly recorded plat of land thereon designated as streets, ver, 27 D. C.App., avenues, or alleys shall thereupon become public ways, 555, 32 D. C. App., provided they are made in conformity with the preceding

section.

53.

Sec. 1603. CEMETERIES.-If by the extension of any Ib. of the present streets or avenues or the opening of any public way it becomes necessary to traverse any grounds now used as a cemetery or place of burial, the Commissioners are empowered to secure a right of way through the same by stipulation with the proprietors thereof.

Sec. 1604. SUBDIVISION TO CONFORM TO PLAN OF Íb. WASHINGTON.-No subdivision of land in the District of Columbia without the limits of the city of Washington shall be recorded in the office of the surveyor or in the office of the recorder of deeds unless the same shall have been first approved by the Commissioners of the District of Columbia and be in conformity with the recorded plans for a permanent system of highways.

Sec. 1605. CHANGING OF ALLEYWAYS.-That whenever all the owners of an entire square, or all the owners of a

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