3354 ARTICLE 91

An. Code, 1924, sec. 13. 1912, 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 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.

An. Code, 1924, sec. 14. 1912, 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.

An. Code, 1924, sec. 15. 1912, sec. 15. 1904, sec. 15. 1888, sec. 15. 1792, ch. 15, sec. 4.

15. All warrants taken out for the purpose of taking up land under
the preceding section shall be directed to the county surveyor of any ad-
joining 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."

An. Code, 1924, sec. 16. 1912, sec. 16. 1904, sec. 16. 1888, sec. 16. 1787, ch. 9, sec. 4.

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.

Ordinarily surveyors' fees are part of the costs to be taxed in the case. Andrews v.
Scotton, 2 Bl. 629.

As to fees chargeable by surveyors, see art. 36, sec. 31.

An. Code, 1924, sec. 17. 1912, sec. 17. 1904, sec. 17. 1888, sec. 17. 1779, ch. 25, sec. 12.

17. If a surveyor shall return a certificate for the examination of the
commissioner of the land office and the same shall be found by him 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.

An. Code, 1924, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1781, ch. 20, sec. 14.

18. No surveyor shall mention any boundary in his certificate of any
survey, unless he shall actually run and measure the distance 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 certi-
fied by him therein.