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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 325   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 325

    By the direction of the act of 1781, ch. 20, sect. 3, already
alluded to, the warrants which the registers are authorised to
grant, on titlings or otherwise, are to be directed to and
executed by the surveyor of the county in which the land to be
surveyed or escheated shall lie. The duty of the surveyor
upon receipt of a warrant is not regulated by this act, nor in a
considerable degree by any subsequent law; but, the
instructions of the governor and council, which are dated the 15th
of April, 1782, direct that upon receipt of a common warrant
the surveyor shall make a descriptive and circumstantial entry
of the same in a book to be kept for that purpose,
accompanied by a location, such as the party directs, and if the
location so directed should have been already made or taken
under some other warrant, the surveyor, being required, is
to produce and shew the former entry for the party's
satisfaction. There is nothing further in the instructions that
regards this point, except a direction that, to prevent disputes
about the priority of entries or locations, no assistant shall
receive or enter the location of any warrant whatsoever, that
power being vested in the surveyor alone. I pass over the
directions concerning the manner of making surveys and
resurveys which will be shewn by the instructions themselves.
To return to those matters which are regulated by law, the
surveyors, until the year 1795, made their returns in the first
instance to the register of the land office (for the western
shore) to be by him delivered to the examiner general, but
by the act of that year, ch. 88, all certificates were directed
to be returned by surveyors to the examiner, on their
respective shores, and such is now the prescribed course, but
the certificates are in fact usually delivered to the parties
concerned, who attend to their examination, and to their being
lodged in the office.

    The duty and power of surveyors relative to boundaries
have been shewn in the 14th section of the act of 1781, under
the head of general regulations, and need not therefore be
repeated.

    The act of 1789, ch. 5, " to restrain surveyors," &c. after
reciting that many frauds and abuses may be practised by
surveyors, or their deputies, if they be not by law prevented
from taking up vacant land in their respective counties,
ordains that no county surveyor, or deputy to a county
surveyor, while he acts as such, shall take up either in his own
name, or in the name of any other person for his use, or in
secret trust for him, any land lying in the county of which he
is surveyor or deputy as aforesaid, unless by virtue of a
warrant of resurvey, obtained before his appointment, on land
also held by him before his becoming surveyor or deputy
surveyor; and grants are prohibited on lands surveyed contrary





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 325   View pdf image (33K)
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