1932 SURVEYOR AND STATE SURVEY. [ART. 91

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 improve-
ments thereon; and after the examination of the said certificate
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 certifi-
cate may be returned, or his heirs or assigns, for the undivided
portion of the land that may be liable to escheat.

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 sur-
veyor 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. 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
resurvey, and the same shall be duly returned, and on 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 commis-
sioner of the land office shall under all circumstances deem
reasonable, not exceeding the fees allowed to surveyors.

Ibid. sec. 14. 1860, art. 92, 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.