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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 327   View pdf image (33K)
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LAND-HOLDER'S ASSISTANT. 327

by such other person as the chancellor (or, on the eastern
shore, the judge of the land office) may appoint for that
purpose.

    The 6th section provides for the case of a certificate duly
returned by a county surveyor, but found to want correction
after the said surveyor shall have resigned his office, in which
case the chancellor (or judge) may order the correction to
be made by the same surveyor, notwithstanding his
resignation; the corrected certificate to be as good and effectual as if
he had not resigned, and the chancellor, or the said judge, to
assign to him for that service such fees as may under all
circumstances appear reasonable, not exceeding those established
by law.

    The 11th section of this act ordains that it shall be the duty
of surveyors, in returning certificates thereafter, to express
the quantity and quality of the land included in the survey or
resurvey, and subject to the operation of the warrant, with
their opinion of the value of the same; and, in connection
with this, it directs, further, that no exception shall thereafter
be taken to any certificate of survey or resurvey made or to
be made, by way of caveat in the land office, on account of
improvements not being returned. It will be recollected that
surveyors were by the act of 1781 to make return, on oath,
of the value of improvements, but were not, as by this
section, required to describe them. The design of this
regulation is therefore intelligible, but the object of the one joined
to it is not easily perceived. I suppose however that it was
thought hard that a survey in other respects fair and regular
should be condemned and made void, without any possible
remedy, (as in the case where a caveat prevails) on account
only of an omission, perhaps accidental, of some trifling
matter coming under the denomination of improvements; but it
can scarcely have been intended that the omission of
improvements, if known by any means in the office, should not be a
bar to the issuing of a patent until it was corrected.

    The only remaining provision requiring to be here noticed
is that of the act of 1800, ch. 70, which directs that where a
surveyor receives for execution an escheat warrant to survey
lands held in tenancy in common, part only of which is liable
to escheat, he shall survey the whole of the land so held, and
return a certificate thereof into the land office, specifying the
value of the whole tract and improvements thereon, in order
that after payment to the treasury of two thirds of the value
of the escheatable part of such land, the party may receive
a patent as a joint tenant for the undivided portion of the
said land that is so escheat.

    I shall conclude this chapter by noticing the appointment
of the judge of the land office, and the examiner, for the





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 327   View pdf image (33K)
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