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| LAND-HOLDER'S ASSISTANT.
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to the tenor of this provision; or being issued may be
vacated, upon petition made to the chancellor, as judge of the land
office, within two years from the date of the patent; the
proceedings upon such petition to be the same as those upon
caveats to certificates.¾The act further declares that if any
county surveyor shall knowingly return, or any deputy
surveyor shall knowingly procure to be returned, a certificate
contrary to the tenor of the said provision, he shall, on
conviction in any court of record, be fined a sum not less than
twenty five pounds current money, nor more than one hundred
pounds, one half to the informer, provided the fact be proved
by other testimony than his own oath, and so declared to be
by the jury on delivering their verdict.
By a supplement to this act, passed at November session
1792, ch. 15, the before mentioned prohibitions and penalties
are removed in respect to lands owned by a surveyor or
deputy before his appointment, or becoming his property
afterwards by descent or devise, in either of which cases the
surveyor or deputy surveyor may take a warrant to resurvey
his said land or by a common or special warrant may take
up any vacant land thereto adjoining, and have a patent
issued therefor in the usual form; and it is provided by the said
supplement, that in the cases specified, the warrant shall be
directed to the surveyor of some county adjacent to that in
which the surveyor or deputy obtaining it shall reside, which
neighbouring surveyor may execute it, provided he first takes
an oath, to be endorsed on the warrant, that he will well and
truly execute the same, according to the best of his skill and
judgment, without favour, affection, or partiality.
By the act of April 1782, ch. 38, it is declared that no
person shall act as a chain carrier unless he be first sworn or
affirmed faithfully to carry the chain, which oath or affirmation
any surveyor or sheriff may administer: and that no
surveyor shall execute any warrant from the land office (or the
general or any county court) unless the chain carriers be first
qualified as aforesaid; and it is declared to be the duty of
every surveyor diligently to observe the conduct of chain
carriers, and to take care that they faithfully execute their duty.
The 5th section of the act of 1795, ch. 88, provides that
where a survey or resurvey shall have been made by a deputy
surveyor, and the principal, or county surveyor, shall have
died without having signed a certificate of such survey, the
deputy who made the same shall have power to make out
and sign a plot, and special certificate, stating the
circumstances of the case, with an affidavit of the truth thereof
annexed or endorsed, which certificate shall be valid, as if made
and signed by the surveyor, and if any amendment or
correction be necessary, it may be made by the said deputy, or
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