the last advertisement so published; and if the surveyor shall accordingly attend and the party, or some one for him, shall fail to appear at the time, with proper chain carriers, and a person to mark the lines, if necessary, his entry shall become void, the land there after subject to the entry of any other person, and the surveyor shall return him the warrant, which may, notwithstanding, be located anew upon any other waste or unappropriated lands, or again upon the same lands where it hath not in the mean time been entered for by another person. Where the chief surveyor doth not mean to survey himself he shalt immediately after the entry made, direct a deputy surveyor to perform the duty, who shall proceed as is before directed in the case of the chief surveyor. The persons employed to Chain car carry the chain on any survey shall be sworn by the riers to be surveyor, whether principal or deputy, to measure sworn, justly and exactly to the best of their abilities, and to deliver a true account thereof to such surveyor, and shall be paid for their trouble by the party for whom Exception. within three the survey is made. The surveyor, at the time of ma- Surveys to king the survey, shall not leave any open lines, but be closed, shall see the same bounded plainly by marked trees, lines markexcept where a water course or ancient marked line ed, and of proportion shall be the boundary, and shall make the breadth of ed length each survey at least one third of its length in every and breadth, part, unless where such breadth shall be restrained on both sides by mountains unfit for cultivation, by water courses, or the bounds of lands before appropriated, He shall, as soon as it can conveniently be done, and A plat and within three mouths at farthest after making the sur- certificate to vey, deliver to his employer or his order, a fair and be delivered true plat and certificate of such survey, the quantity months, and contained, the hundred, (where hundreds are establish ed in the county wherein it lies) the courses and descriptions of the several boundaries, natural and artificial, ancient and new, expressing the proper names of such natural boundaries where they have any, and the name of every person whose former lines made a boundary, and also the nature of the warrant and rights on which such survey was made, and shall at the same time re-deliver the said warrant to the party. The said the fees be surveyor may nevertheless detain the said certificates paid. The plats, and warrants until the paymeut of his fees. The said &c. to be plats and certificates shall be examined and tried by examined warrant re delivered. Provided and entered the said principal surveyor, whether tndly made and in the book legally proportioned as to length and breadth, and of principal shall be entered within three months at farthest, after surveyor. the survey is made, iu a book well bound, to be provided by the court of his county, at the county, charge; and he shall, in the month of July every year, return to the president and professors of William and Mary Lists of all College, and also to the clerk's office of his county surveys to be annually court, a true list of all surveys made by him or his dereturned to puties in the preceding twelve months, with the names the college and clerk of of the persons for whom they were respectively made, and the quantities contained in each, there to be recordNone to be ed by such clerk; and no person shall hereafter hold the offices of clerk of a county court and surveyor of a county, nor shall a deputy in either office act as depu county. ty or chief in the other. Any surveyor, whether prinors may be cipal or deputy, failing in any of the duties aforesaid, punished for shall be liable to be indicted in the general court and neglect. the court clerk and surveyor of the same How survey. punished by amercement or deprivation of his office, and incapacity to take it again, at the discretion of a jury; and shall, moreover be liable to any party injured for all damages he may sustain by such failure. EveSurveyor's ry county court shall once in every year, and oftener office to be if they see cause, appoint two or more capable persons annually in to examine the books of entries and surveys in posses spected. sion of their chief surveyor, and to report in whạt condition and order the same are kept; and on his death or removal shall have power to take the same into their possession, and deliver them to the succeeding cinef surveyor, No plat to be delivered but to the < II. And for preventing hasty and surreptitious grants, and avoiding controversies and expensive law: owner with suits: Be it enacted, That no surveyor shall, at any in a year; ex- time within twelve months after the survey made, issue cept to a car or deliver any certificate, copy, or plat of land by him certificate of surveyed, except only to the person or persons for a caveat en- whom the same was surveyed, or to his, her, or their tered. veat or upon order, unless a caveat shall have been entered against a grant to the person claiming under such survey, to be proved by an authentie certificate of such caveat from the clerk of the general court produced to the surveyor; and if any surveyor shall presume to issue any certificate, copy or plat as aforesaid, to any other than the person or persons entitled thereto, every surveyor so of fending shall forfeit and pay to the party injured, his or her legal representatives or assigns, thirty pounds for every hundred acres of land contained in the survey whereof a certificate, copy, or plat shall be so issued, or shall be liable to the action of the party injured at the common law for his or her damages, at the election of the party. i Penalty. II. And for declaring what fees a surveyor shall be entitled to, Be it enacted, That every ⚫shall be Surveyor's entitled to receive the following fees, for the services fees in tohereinafter mentioned, to be paid by the person em- bacco. ploying him, and no other fees whatsoever, that is to say: For every survey by him plainly bounded as the law directs, and for a plat of such survey after the der livery of such plat, where the survey shall not exceed four hundred acres of land, two hundred and fifty pounds of tobacco; for every hundred acres contained now he stum in one survey above four hundred, twelve pounds of to bacco; for surveying a lot in a town, twenty pounds of tobacco; and where the surveyor shall be stopped or hindered from finishing a survey by him begun, to be paid by the party who required the survey to be made, one hundred and twenty-five pounds of tobacco; for running a dividing line, one hundred pounds of tobac co, for surveying an acre of land for a mill, fifty pounds of tobacco; for every survey of land formerly patented, and which shall be required to be surveyed, and for a plat thereof delivered as aforesaid, the same fee as for land not before surveyed; and where a survey shall be made of any lands which are to be added to other lands, in an inclusive patent, the surveyor shall not be paid a second fee for the land first surveyed, but shall only receive what the survey of the additional land shall amount to; and where any surveys have been actually made of several parcels of land adjoining and several plats delivered, if the party shall desire one inclusive plat thereof, the surveyor shall make out such plat for fifty pounds of tobacco; for running a dividing line between any county or parish, to be paid by such respective counties or parishes in proportion to the number of tythables, if ten miles or under, five hundred pounds of tobacco; and for every mile above ten, fifteen pounds of tobacco; for receiving a warrant of survey and giving a receipt therefor, eight pounds of tobacco; for recording a certificate from the commissioners of any district of a claim to land allowed by them, to be paid by the May be discharged in money at a penny half. penny, per pound. Table of fees to be set up in office un der penalty. ing, claimant, eight pounds of tobacco; for making an entry for land or for a copy thereof, eight pounds of tobacco; for a copy of a plat of land or of a certificate of survey twelve pounds of tobacco. T IV. And be it further enacted, That all persons who are now chargeable with any surveyor's fees, for ser vices under the act of assembly, intituled. "An act for regulating the fees of the register, of the land-office, and for other purposes," or who shall hereafter become chargeable with any tobacco for any of the services. mentioned in this act, shall, at their election, discharge the same either in transfer tobacco notes or in specie at the rate of twelve shillings and six pence for every hundred pounds of gross tobacco. 1 V. And be it further enacted, That the surveyor of every county shall hereafter cause to be set up in some public place in his office, and there constantly kept, a fair table of his fees hereinbefore mentioned, on pain of forfeiting one hundred pounds; which penalty shall Penalty for be to the person or persons who shall inform or sue for overcharg. the same. And if any surveyor who now is or shall hereafter become entitled to fees under this or the said recited act, shall ask or demand of any person what» soever more than twelve shillings and sixpence per hundred for such tobacco fees, or shall ask or demand larger fees than are allowed by this act, every person so offending shall forfeit and pay ten times the amount of the fees so charged, to the party or parties injured. VI And be it further enacted, That every surveyor Surveyors of lands shall hereafter be resident in the county where to be resi dent in their of he is surveyor, during the time he shall continne in office, under the penalty of forfeiting -two hundred ly penalty. pounds current money for every month he shall reside out of the same, unless detained by such business as the court of the county shall judge reasonable, one moiety of which shall be to the commonwealth for the better support of this government and the contingent charges thereof, and the other moiety to the informer. How penal. VII. And be it further enacted, That all the several ties may be penalties and forfeitures by this act laid, given, or inflicted, shall and may be recovered with costs, by action of debt or information, in any court of record Repeal of former acts. within this commonwealth wherein such penalty shall County un der a month recovered. |