compass: but that the chancellor may on such adjudication,
or on the certificate of the party claiming under such original
grant, order a patent to issue confirming to the said party the
lands which shall be determined to have been originally
included by the courses therein expressed; for which land, or
for the improvements thereon, no payment shall be required.
This section also directs that no patent shall issue on any
certificate of survey returned, or to be returned, unless upon
proof of notice having been given by the party applying for
such patent to the person or persons whose land may be
affected by such survey, or their attornies, agents, &c.; but
this strange and impracticable regulation was repealed by
the act of April, 1782, ch. 38, which directs that when
certificates, under warrants granted since the passage of the
preceeding act of 1781, have remained in the office six months
after being compounded on, grants may issue without the
notice required by that act. As the language of the last
mentioned provision is that such certificates shall lie in the
office six months after they shall be compounded on, it seems
also to repeal the privilege noticed a while ago of obtaining
a patent without making full payment of the composition.
The 13th section declares, by way of proviso to that part of
the preceeding one which regards vacancy occasioned by the
variation of the compass, that if the chancellor shall be of
opinion that the land claimed as vacancy was not originally
included, and shall order grant for the same, the person
claiming under the original patent shall " have a right to
" controvert by trial at law, whether the same land or any part
" thereof was originally included in the certificate on which
" the original grant did issue," and that " the opinion of the
" chancellor shall have no influence on the question before a
" jury, but the matter shall remain in the same manner as if
" no determination by the chancellor had been given.
The 14th section I think it best to insert at large, in doing
which I shall designate by italics, as the last edition of the
laws has done, that part of it which is (a) repealed.
" AND whereas the allowing natural or artificial boundaries
to be expressed in certificates may prevent injury from the
variation of the compass, BE IT ENACTED, that the
surveyor may insert in any certificate any boundary, artificial or
natural, as being at the end of the distance expressed,
provided he shall actually measure such distance; and, in case
the length of the line expressed in the certificate shall not
reach the boundary, and the line shall not have been actually
run, on caveat against grant issuing on such survey the same
shall be void, so far as that the land which is excluded by
running from the end of course and distance to the end of the next
(a) By act of November, 1787, ch. 3.
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