ART. 91] SURVEYS, RETURNS AND CERTIFICATES. 1979

the cause or their counsel of record, unless a different time of notice
shall be prescribed by rule or order of the court issuing such warrant,
or unless notice be waived or agreed upon by the parties.

1904, art. 91, sec. 11. 1888, art. 91, see. 11. 1860, art. 92, sec. 11. 1800, ch. 70.

11. When warrants of escheat shall be delivered to a surveyor to
execute in order to survey lands held in tenancy in common, and the
part only of one or more of the said tenants in common hath become
liable to escheat, the surveyor shall cause the whole of the said land
so held in common to be surveyed, and a certificate thereof returned
to the land office specifying the value of the whole tract of land and
improvements thereon; and after the examination of the said certifi-
cate and payment to the treasurer of two-thirds of the value of the
escheatable part of the land therein expressed, a patent shall issue in
due time to the party in whose name the said certificate may be
returned, or his heirs or assigns, for the undivided portion of the
land that may be liable to escheat.

Cited but not construed in Cunningham v. Browning, 1 Bl. 307.

Ibid. sec. 12. 1888, art. 91, sec. 12. 1860, art 92, sec. 12.
1795, ch. 88, sec. 5.

12. If any warrant for surveying or re-surveying land shall issue
and the same shall be executed by a deputy of the surveyor authorized
to execute the same, and before a certificate of the survey or re-survey
shall be made out and signed by the said surveyor he shall die, the said
deputy may, within six months after such death, 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, and the said
certificate shall be as good and effectual as if made out and signed by
the said surveyor; and if any amendment or correction of the said plot
or certificate shall be necessary, the amendment or correction shall be
made by the said deputy or such other person as the commissioner of
the land office shall think proper.

Ibid. sec. 13. 1888, art. 91, sec. 13. 1860, art. 92, sec. 13.
1795, ch. 88, sec. 6.

13. If any certificate shall be made out by any surveyor authorized
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 commissioner of the land office, on the application of
the party, may in his discretion order the correction to be made by
the said surveyor; 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 exceeding the fees
allowed to surveyors.

Cited but not construed in Gibson's case, 1 Bl. 150.