ART. 17. ] SURVEYOR.

187

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 in-
dorsed, 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.

death of
surveyor.

13. If any certificate shall be made out by any surveyor author-
ized to make the same under a warrant of survey or resurvey, 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 sur-
veyor shall resign his office without making out a corrected certifi-
cate or correcting the original, the commissioner of the Land Office,
on the application of the party, may in his discretion order the cor-
rection to be made by the said surveyor, and the corrected certifi-
cate made out by him shall be as good and effectual as if he had not

Id s 13
1795, c 88, s 6
Order for cor-
rection, when
surveyor resigns
without correct-
ing.

resigned, and he shall be entitled to such fees therefor' as the com-
missioner of the Land Office shall under all circumstances deem

Foes

reasonable, not exceeding 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 bond fide en-
titled.
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 indorsed 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. "

Id s 14
1789, c 35, s 2,
1792, c 15, s 2
Vacant land
When warrant
to issue

Id s 15
1792, c 15, s 4
Oath of sur-
veyor executing
warrant

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.

Id s 16
1787, o 9, s 4.
Neglect to
return plots
Fine.

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.

Id s 17
1779, c 25, B 12
What liable to
pay to commis-
sioner for re-
turning errone-
ous certificate.

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 certified by him therein.

Id s 18
1781, c 20, s 14
Not to mention
boundaries
without run-
ning and
measuring dis-
tances.