244 THE RAILROAD v. HOYE.—2 BLAND.

quired, produce your book of entries, and shew him that entry or
location, it' such demand be made at your house, or any other place
where your book of entries shall be." And by the nineteenth
article of the same set of rules, it is declared, that "you are not,
after the receipt of these instructions, to suffer any person to run
out the lines of or execute any warrant for you, unless an assistant
properly qualified; and to prevent all disputes about the priority
of entries, or locations of land, no assistant shall presume to re-
ceive or enter the location of any warrant whatever, that power
being solely vested in the surveyor.'' Land Hol. Ass. 435.

These regulations appear ro have been taken almost verbatim
from those given to surveyors on the 5th of December, 1768.
Land Hol. .Ass. 284. And yet it seems to be admitted, notwith-
standing they have been so long in force, that there has been
hitherto no adjudication in the * land office, or none now to
260 be found there on questions arising out of any state of
things similar to that presented by these caveats.

It was contended, on the part of the Railroad Company, that an
assistant surveyor is only prohibited from receiving and entering
the description of the location of a common warrant; but that he
may receive the warrant and execute it without its being first de-
livered into the hands of the surveyor.

But it is clear, that all common warrants must be first lodged
with the principal surveyor of the county before his assistant can
be permitted to execute them in any way whatever. The second
article explicitly requires four things to be entered and noted in
the surveyor's book in all such cases. First, the time of receiving
the warrant; second, the quantity of acres included therein; third,
the date thereof; and fourth, at what place the person who obtains
it locates the same. The three first of these notations are peremp-
torily required in all cases; but the last, it is evident, from its
nature, and the express language of the rule itself, can only be
made "when any person desires to locate a warrant." The restric-
tion imposed upon assistant surveyors, by the nineteenth article,
in the clearest terms, embraces all four of these notations; it is
declared, that " no assistant shall presume to receive or enter the
location of any warrant whatever." The one book in which all
these entries are directed to be made, is to be kept by the sur-
veyor; he alone, therefore, can make them, and produce that book
to all other holders of warrants, who may come to have them en-
tered and located on lands to which they may wish to acquire a
right of pre-emption from that date, by giving and entering a
special description of them. The obvious and expressly declared
intention of these regulations is, "to prevent all disputes about
the priority of entries or locations of land." But this object could
not be attained, if the principal and assistant were each allowed
to receive entries and locations, each of which was to be consid-