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the office of the Secretary of State for the time being, when the same shall be delivered.

State to make

SEC. 10. That the Secretary of State, on the return of the entry Secretary of and plat of survey to his office from the office of Commissioner of plats of land surveyed, and Locations, shall make out a plat of the lands surveyed, as aforesaid, keep record of plats and grants. and shall cause a grant to be prepared for the same, and the Great Seal of the State to be affixed thereto, and shall, within three months Grants to be signed by the thereafter, cause a fair record of all such grants to be made and Governor. kept in his said office, with alphabetical indexes; and, on the first Monday of every month, the said Secretary of State shall lay before His Excellency the Governor for the time being all such grants by him prepared, as aforesaid, who is hereby empowered and directed to sign the same, and thereupon deliver them to the said Secretary of State, to be delivered to the respective grantees, or to their order.

1868, XIV, 135, 21;1784, IV, 591,

5; 1805, V, 493,

22; 1785, IV, 707,

3, Constitution,

Art. 3, 19.

Judges to decide in cases of

fraud and coll

sion, and certify

ernor.

1784, IV, 591, 2 5; 1785, JV,

os, & 7; 1791, II, 275, 12: rev., 30, 55; 2 per, 443; 5 Rich.,

2 Bay, 426, 454;

1

267; 7 Rich., 91.

SEC. 11. That, in all cases, previous to the signing of the said grants, where there shall appear to be any fraud or collusion in the progress of the said entry, warrant and survey, the Judges of the decision to GovCourt of Common Pleas, in their respective Circuits, shall have full power and authority to cause all parties to appear before them, and, without delay, in a summary manner, decide in such as to justice and equity shall appertain. And, when the case is finally determined, the Judges shall certify the same to the Governor or Commanderin-Chief for the time being, who shall sign the grant accordingly. SEC. 12. The Secretary of State shall have full power and authority to appoint such and so many Deputy Surveyors in each of the said Counties as he may judge sufficient, not exceeding six for each County, for executing all such warrants of survey as shall be to them directed by the respective Commissioners of Locations, for whose conduct in office the said Secretary of State shall be responsible, both to the State and to the party grieved.

Deputy Surveyors to be ap

pointed, not eseach County.

ceeding 8X in

1784, IV, 591, §7. 1 Brev., 30.

To take oath.

To locate warrants and return three

SEC. 13. That the said Deputy Surveyors of the respective Counties shall take the same oath or affirmation of office on their appointment, and in the same manner, as is prescribed to be taken by the Commissioners of Locations, before they shall be qualified to locate any warrant of survey, under the penalty of being forever disabled to act in the said office, and shall, also, within three calen- plats in dar months from the date and delivery of all warrants of survey to them directed, well and faithfully locate and survey the same, and return a fair and correct plat thereof to the office of Commissioner of Locations, from whence the same had issued.

months.

Ib., 8.

bearers

SEC. 14. The said Deputy Surveyors are hereby required, author- To swear chain ized and empowered to administer the following oath to the chaincarriers, to wit: "I, A B, do solemnly swear [or affirm] that I will

lb.

Laying

off lands on naviga ble streams.

well and truly execute the employment of chain-carrier, without favor or affection."

SEC. 15. That on all creeks or rivers, navigable for shipping or boats, whereon any vacant lands shall lie, the Deputy Surveyors Ib., 592, 12. shall, and they are hereby directed to, lay off the same by measur ing four chains back from such river and creek for every one fronting on and bounded by the same; and all surveys not made and regulated by this rule, and any grants which may be obtained thereupon, are hereby declared to be null and void, to all intents and purposes.

Deputy Sur

lowing instruc

ecuted.

SEC. 16. That every Surveyor who shall willfully and knowingly veyors not fol- violate the instructions of the Secretary of State in not marking tions, to be pro- out the boundaries of all lands formerly granted, and which 1794. V, 233, are within the surveys by him or them made, shall be prosecuted by the Attorney General and Circuit Solicitors of the respective Counties, on proper application being made to either of them.

4.

3 Hill, 96.

Grant of sur

veyed land to be

montt:s.

SEC. 17. That a persona aking a survey of land shall be allowed obtained in six six months, from the time of making such survey, to obtain a grant 1785, IV,710, 4. for the said land; and, in default of obtaining a grant within that time, any person may, at the expiration thereof, apply for, and shall obtain, a grant for the said land, on paying for it; and any grant obtained for land within six months from the time of its being surveyed (except by the person for whom it was surveyed) shall be ipso facto null and void.

Grants not to

be delivered un

money is paid.

SEC. 18. That no grants already obtained shall be delivered by til the purchase the Secretary to the owner thereof, until the purchase money be 1784, IV, 592,9; paid into the public treasury; and that all grants, hereafter to be 1787, V, 39, 3. obtained, shall be deemed forfeited to the State, if the purchase money be not paid within six months after the passing of the said grants; and the lands shall be granted to any person or persons who shall apply for the same, and fulfill the conditions on which the said lands were to have been originally granted.

Concerning

land over-mea.

grants.

1731, III, 303, 31.

SEC. 19. That if, upon any survey hereafter to be made of any sured in former person's lands, it shall appear that there are more acres of land contained within the bounds of his plot, or the marked trees or stakes specified in the said plot, than is expressed in the grant or deed by which any person holds the same, that then the person claiming such overplus, as being contained, or supposed to be contained, within the bounds of his plot or marked trees, shall be preferred to a new grant thereof before any other person what

soever.

SEC. 20. It shall not be lawful for the Secretary of State, the Commissioners of Locations, nor the Clerks in the Secretary's

Secretary of State, Commissioners of Loentions, &c.,not al

elapsed grants.

Penalties. 1787, V, 39, 2 1; 1839, XI, 117,

office, to take up any elapsed grant, or run out, either directly or indirectly, in his or their own name or names, or in the name or names of any other person or persons, for his or their use or uses, any lands lowed to take up now vacant within this State, without being subject and liable to the penalty of one thousand dollars, to be recovered in any Court of record in this State, the one-half to the use of this State, and the other half to the use of the informer or person suing for the same; and he or they shall, also, be discharged from his or their respective offices, and forever rendered incapable of holding any office of trust or emolument in this State.

§ 52.

Grants for Sul

&c., void.

1787, V, 59, § 7.

SEC. 21. That every grant of land which has been obtained since the twenty-first day of March, one thousand seven hundred and livan's Island, eighty-four, or which may hereafter be obtained, for Sullivan's Island, Middle Bay Island, commonly called the Light-house Island, or any other lands whatever, which have been, or are now, appropriated for any particular public purposes, shall be deemed and held null and void.

Deputy Surveyors' Instructions.

SEC. 22. The rules for the guidance of Deputy Surveyors, in surveying vacant lands, shall be as follows:

"To

"1st. You shall not survey vacant land for any person who has not first obtained a warrant from the Commissioner of Locations of the County.

Rules for Drputy Surveyors. Note, Vol. IV, p. 765.

To have war

rant.

“2d. In all your surveys, you are to measure the whole of the Measuring lines. lines, unless prevented by such obstructions as may endanger health;

the figure of which you are to express on the plat, in the most explanatory manner, blazing the lines and making a sufficient number of stations on each line, marked

on the outside

and corner tree or stake, at each angle,

mentioning those made by you, new, and those you find in the field, old; and no corner or station is to be inserted by you, unless seen or made by you, except such as are expressed on the bounding line in the authentic plat of the adjacent land; and that you verily believe them to be in the field; also, you are to insert, in their To insert runs, proroads, swamps, per places, all runs of water, roads, or other durable marks, which &c., in survey. the line crosses; and all swamps, ponds, clear fields, and houses, if any there be, in the body of the tract, and the names of the persons claiming such lands, fields, or houses.

plats.

Making out "3d. All plats made out by you are to be just and true in the quantity contained, figure, courses, stations, marks and boundaries, to the best of your knowledge; plats of 100 acres, or under, to be laid down by a scale of ten chains per inch; all above 100 acres, by a scale of twenty chains; which scale you are to lay down or mention on the margin of the plats. You are to put down on each line the course and distance-you are to date your surveys on the day they are finished; and not to certify surveys performed by any other person.

These instruc

"4th. The Commissioners of Locations have a right to direct such tions to govern. warrants to the Deputy Surveyors as the nature of the case may require; but the Deputy Surveyor is not bound to pay any obedience to any directions therein contained which are repugnant to these instructions; and all warrants are to bear date the day they are delivered out of the location offices. Any warrants delivered to any of the Deputy Surveyors, without a date, or any other part blank, are to be immediately returned to the owners, to have the blank filled up in the office from which it issued, and bear date on that day. Any Deputy Surveyor filling up any part of a warrant which is, or may be, left blank by the Commissioner of Locations, is hereby declared guilty of a violation of these instructions, and shall, in consequence thereof, be dismissed from the office.

Of warrants.

Elapsed grants.

Not to encompass lands before surveyed.

Re-surveying granted lands.

"5th. Lands which have been heretofore surveyed, and remain elapsable in either of the location offices, or Secretary of State's office, are not to be surveyed a second time, until a certificate is obtained from the office (in which they then are) of their being elapsable, and a warrant obtained from the office in the County where the land lies; which warrant shall expressly mention the land on which it is to be laid out, and that it has been formerly surveyed, and for whom.

"6th. You are not to encompass wholly, or in part, any heretofore surveyed lands, claimed by any other person or persons than those you are surveying for.

"7th. When you are called on to re-survey granted lands, the original grant is your sufficient warrant; but, if the line or lines are party lines, and are boundaries to other tracts, then you are to summon all parties to attend with their plats and grants, and to have their joint concurrence in your going on with the survey. If any dissention should arise between the parties, you must not proceed How to act in without an order from the Judge of the Court of Common Pleas, case of dis-ent directed to you for the express purpose; and, on receiving said order, you are to attend, first, to the course and marks of the prior grant; and, should they differ from the course mentioned, you are to regulate your course by the stationed trees, and other marks, and

among parties.

fix the prior line thereby, (allowing what variation you find,) which will be the proper bounds of both tracts; but, should the two tracts run in such a manner as to form an angle between, and the marks on each appear plain, corresponding with each plat, that angle will be vacant, and each tract will be limited by its own lines, notwithstanding the subsequent mentions the prior as a boundary. In resurveys, when lines vary from their original course, you are (where the marks are wanting) to continue the same variation throughout, in such tracts as were bounded on all sides by vacant land at the time of the original survey; but, where they have been bounded on different surveys, you are to allow, on each line, the variation of the lines of the tract on which the line bounded.

Variation of

lines.

Survey where

erated.

"8th. When you are called on to survey lands where the lines are entirely obliterated, then you are to have recourse to the lines are oblitboundaries, which, when fixed, will form the lines of said lands; but, if the boundaries were vacant at the time of the original survey of said lands, then you are to have recourse to such lands as bound upon it, whose courses correspond with the lines of said tract, allowing such variation as appears to have proceeded from time. When that allowance is not sufficiently made, you will find the original line on your left hand, in all cases, except where a variation happens, which is occasioned by a bad instrument; but, when the allowance is judiciously attended to, you will find your present course and the original line to agree.

grant.

"9th. Should any person wish you to survey lands, for the pur- Survey for new pose of obtaining a new grant for the same, you will be particular to mention, in your certificate, that the land was formerly granted, and that the survey you then made was for the purpose of obtaining a new grant.

Not to survey lands reserved

“10th. You are not to survey any lands or marsh reserved for public purposes, nor eross, in any of your surveys, any navigable to public pur

river or creek.

poses, &c.

"11th. You will be particular, always, in making your lines. Let Running lines. there be no possibility of mistake hereafter. With a view to this, you will never run more than ten chains, at the extent, without leaving a station exactly on the line, observing never to mark it with the unless it be a corner post.

Instruments.

"12th. In locating lands, you will observe the established princi- Locating lands. ples laid down by the decisions of the Court of Appeals of this State. "13th. You will be particularly careful, always, to have the best of instruments. Touch your needle with the magnet at least once a year, and oftener, if necessary; your staff should be furnished with a ball and socket. There is no excuse for a surveyor going into a field with a bad instrument.

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