SURVEYOR AND STATE SURVEY. 2821

prescribed by rule or order of the court issuing sucb warrant, or unless
notice be waived or agreed upon by the parties.

An. Code, sec. 11. 1904, sec. 11. 1888, sec. 11. 1800, ch. 70.

11. When warrants of escheat shall be delivered to a surveyor to exe-
cute 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 com-
mon 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 certificate and payment to the trea-
surer 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.

An. Code, sec. 12. 1904, sec. 12. 1888, 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.

An. Code, sec. 13. 1904, sec. 13. 1888, 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 effec-
tual 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.

An. Code, sec. 14. 1904, sec. 14. 1888, sec. 14. 1789, ch. 35, sec. 2. 1792, ch. 15, sec. 2.

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.
Cited but not construed in Cunningham v. Browning, 1 Bl. 321.