directed to any surveyor on the particular shore, legally
qualified.
If the order is for a special warrant, it specifies the county
in which the survey is to be made: The party is required by
the register to declare where he will have it located, and gives
such a location as he sees fit, which the register accordingly
inserts, and directs the warrant, for execution, to the
surveyor of the county mentioned in the order. The location is
intended to bind and secure the land therein described from the
operation of other warrants, and the more clearly and
precisely it describes the land the more certainly it has that effect.
The ordinary expression of locations is " adjoining" a
particular tract or tracts therein mentioned; " adjoining and
between" such tracts; or adjoining particular lines thereof;
with any further references to boundaries, water courses &c.
that maybe given for greater certainty: but any description
whatever is received by the register, and inserted in the
warrant; the want of due precision being at the risk of the party.
If the land which a person has discovered to be vacant
adjoins or is contiguous to land already belonging to him, and
either on account of uncertainty as to the quantity of such
vacant land,¾
its lying in several distinct parcels, the
difficulty of making an effectual location, a desire to guard against
the warrants of other persons, or to take the occasion of
ascertaining the lines and bounds of his patented lands,¾
to
unite several tracts under one survey and patent &c. &c. he
finds it most eligible to secure such vacant land by a warrant
of resurvey, he applies directly to the land office, and receives
a warrant authorising the surveyor of the (a) county where his
lands and the vacancy lie to resurvey the tract or, tracts, (or
parts of tracts, as the case may be) therein mentioned,
according to their ancient metes and bounds, correcting and
amending however all errors in the original surveys, without
running within the lines of more ancient surveys, adding all
contiguous vacancy &c.¾
and this warrant binds and secures,
from the operation of warrants of a later date, all the vacant
land, cultivated or otherwise, which lies contiguous to the
tracts or parts of tracts therein mentioned, for the time that
it remains in force by law, unless within that time it should be
executed, and a certificate of the resurvey be returned and
received into the land office, when it may be considered as no
longer in force, and any vacant land which has been thus
bound, but is not comprehended in the resurvey, may then, it
is believed, be affected by other warrants.
(a) If the land lies in two or more counties the warrant may be
directed to the surveyor of either. There is no certain rule as to the choice,
but the warrant generally issues to the surveyor of that county in which
the land principally lies, or that in which the survey is to have its
beginning.
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