616 SURVEYOR. [ART. 92.

13. If any certificate shall be made out by any surveyor au-
thorized to make the same under a warrant of survey or re-
survey, and the same shall be duly returned, and an order of the
Commissioner of the Land Office shall be made for correcting the
same, and the surveyor shall resign his office without making out
a corrected certificate or correcting the original, the Commis-
sioner of the Land Office, on the application of the party, may in
his discretion order the correction to be made by the said sur-
veyor, and the corrected certificate made out by him shall be as
good and effectual as if he had not resigned, and he shall be
entitled to such fees therefor as the Commissioner of the Land
Office shall under all circumstances deem reasonable, not exceed-
ing the fees allowed to surveyors.

14. No surveyor or deputy surveyor shall take up any vacant
land unless it be land adjoining lands to which he is bona fide
entitled.

15. All warrants taken out for the purpose of taking up land
under the preceding section shall be directed to the county sur-
veyor of any adjoining county, who, before he executes the same,
shall take the following oath, to be endorsed on the warrant, to
wit: "I, A. B., do swear that I will well and truly execute this
warrant to the best of my skill and judgment, without favor,
affection or partiality "

16. If in any cause plots made under the order of the court are
not returned from the neglect of the surveyor, the court may
order him to pay the costs of the term, and may impose on him
such fine as the circumstances of the case may require.

17. If a surveyor shall return a certificate for the examination
of the Commissioner of the Land Office, and the same shall be by
him found to be erroneous, the party for whose use the survey
was made shall not pay any fees to the commissioner or surveyor
on such erroneous certificate, but the surveyor shall pay to
the Commissioner of the Land Office one-third the usual fees
thereon.

18. No surveyor shall mention any boundary in his certificate
of any survey, unless he shall actually run and measure the dis-
tance to such boundary, and the boundaries by him returned
shall be at the end of the line as expressed, and his certificate
shall not contain more land than certified by him therein.