Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-10-23

descriptive one. that il, if il fully des.
cribed the land, and the deputy sur
veyor located the warrant upon the
land described, the titlc of the appli.
cant commenced with the date of the
warrant, for the records OF the land of
fee would show an appropriation of this
particular land to the applicant at that
time. IL frequently happened. how
ever. that the deputy surveyor, with n
descriptive warrant in his hand, did not
make the survey upon the lands des.
cribcd but located the warrant upon
other land, in another place. This he
would do without any authority, and
such act would not be binding upon the
Commonwealth, unless subsequently
ratified by the proper officer. The
Commonwealth having issued Il warrant
for particular piece of land was not
bound to grant patent to the appli.
cant, for the same quantity OF land in
another place. IT, however, when the
deputy surveyor made his return, show.
ing that he has located the warrants
upon other lands than those described,
and this return was accepted and ap'
proved by the land Office, this was "A
ratification OF the act Of the deputy
surveyor, and gave the applicant title
to the lands from the time of such rati.
fication. Descriptive warrants located
upon other lands than those described,
are called "sii6Si way1dEtS,' and title
under them always dates from the re.
turn and acceptance OF the survey, and
not from the date of the warrant, nor
the date Of the survey.
As we said before, it was the duty Of
the deputy surveyor 10 60 upon the
ground, run and mark the lines and
establish the corners for the survey. In
many instances he neglected his duty
and omitted to do this: but made
draft in his office OF a pretended sur
vey and returned il into the land Office.
These surveys so returned, but never
actually made on the ground, are com.
monty called "chrmi,r urr,yT." Such
surveys were originally held to be in.
valid and were void as against n young.
cr survey. actually made on the ground.
In process of time it became difficult, If
not impossible, 10 determine whether
the survey had been actually marked
upon the ground or net This resulted
from the death Of the surveyor, the
disappearance OF trees from natural and
artificial causes, and from various other
occurrences happening throughout the
country. IL became necessary therefore
to adopt some rule IN relation TO sur.
ycys where no lines for them could be
found upon the ground. The rule
which was adopted and which has long
since been the settled law Of Of Penn
-ylyania j. this: 4 survey returned into
t..I 4 l. J
unquestioncd for twcnty.onc years will
bc conclusiyely presumed 10 have been
made on the ground as returned. This
rule applies rs well TO blocks OF surveys
as to individual tracts.
At what particular place survey
made and returned long ago. was actu.
ally located on the ground, il qucs.
ton of fact and not OF law. II j. the
province and duty Of the court to de.
eide all questions of law which arise IN
q case, and II is equally the province aud
duty OF the jury TO determine all ques.
tions OF fact. In this case the location
OF the surveys in dispute is peculiarly
question of fact to be determined hy
tho jury, under all the evidence in the
cause. In considering this evidence aud
determining this fact, there are Ger.
tain rules Of law laid down 10y our Su.
prcme Court. which the jury must ob.
serve. We will explain these rules 10
you, and leave YOU to determine all
questions of fact under them.
II the deputy surveyor did his duty
and went upon the ground, ran and
marked lines, the lines thus run aud
marked by him, constitute the actual
survey Where the lines and corners
marked by the surveyor can be found
and identified, they are the highest and
best evidence Of where the surveyor 10.
Gated the tract. All other and infer.
ior evidence must give way whenever
the lines and corners can be found and
identified. II no lines can be found
marked for the survey, then the call for
adjoining tracts ia the next best evidence,
and will control tho location Of The
tract but the calls for adjoiners must
be di.regarded II the lines Of the sur.
.ycy are found upon the ground and are
1nnuSnzaSI .l ..s~Sslls. In the ab.
upon the ground.
adjoiners. the official
and distances must determine
'vHe survey. These courses and dis.
tauces are the lowest and weakest evi
dence Of where the survey was located,
and must give way, whenever there are
calls for adIoiners or actual lines found
upon the ground made or adopted for
the survey. Both the courses aud die.
tauces and the call for adjoiners must
give way, II they are inconsistent with
the lines actually found upon the
ground.
So far we have been speaking Of sin.
gle warrants and separate and individ.
ual surveys. Under tho law "a il stood
in 1898, no one individual could obtain
a warrant for more than four hundred
and forty acres. II he desired to obtain
larger body OF land than this. he had
to have different persons apply for and
obtain different warrants, and subse.
quently transfer their right in them to
him. he usually having the purchasa