748 COURTS. [ART. 26

Appointment of Surveyor.

1888, art. 26, sec. 10. 1860, art. 29, sec. 10. 1827, ch. 44, sec 1
1900, ch. 581.

10. In any case pending in any court where it is necessary
to lay out and locate any lands and where, upon the application
of either party to such suit, the court shall be of opinion that
the county surveyor is in any manner interested or prejudiced
against either of the parties, or is incapacitated by reason of
ill-health or from any other cause to perform his official duties
in connection with the case then pending, or if either of the
parties shall make oath that he believes the county surveyor is
interested or prejudiced, or otherwise by affidavit satisfy the
court that the county surveyor is not a suitable person to lay
out and locate the lands in dispute, the court may appoint some
competent person to lay out, locate or survey said lands and
plat the same.

Ibid, sec 11. 1860, art 29, sec. 11. 1827, ch. 44, sec. 2.

11. The person so appointed, before he proceeds to act,
shall take an oath before some justice of the peace that he will
faithfully, without favor, affection or prejudice, perform the
service for which he was appointed by the court; which oath
shall be certified by the justice and shall accompany such
return as the surveyor shall make to the court in the case.

Ibid. sec. 12. 1860, art. 29, sec. 12 1827, ch. 44, sec 1.

12. The person so appointed shall receive such fees as are
allowed by law to the county surveyor for like services.

Inspection of Records.

Ibid. sec. 13. 1860, art. 29, sec. 13. 1817, ch. 119, secs. 7-9. 1866, ch. 26.

1904. ch. 71.

13. It shall be the duty of the judges of the several courts
of law and equity, at every term, to inspect the records and
papers of the offices attached to their respective courts relat-
ing to lands, tenements or other real estate, and examine the
condition thereof and see whether the clerk of such court has
performed the duties required of him by law relating to the
recording of judgments, decrees, executions and proceedings,
and whether he has entered and transcribed the docket entries
as required by law. And if it should appear on such exami-
nation that any of the records have become so dilapidated and
worn as to require them to be transcribed, they shall order and