2 Sm. 317. Surveys not returned in proper time to be void. 8 April 1785 § 8. legally entitled for his services therein. And if any such survey shall have been made on or before the 31st day of December, in any year, and shall not be returned into the office of the said surveyor-general, on or before the last day of March in the year next following, the same survey shall be void, as to future surveys which shall be sooner returned, and filed in the office of the surveyorgeneral. And if such avoidance shall happen by the neglect or default of the deputy-surveyor who surveyed the same, such deputy-surveyor shall be answerable to the party thereby damaged, for all the damage he or she shall sustain by such neglect or default as aforesaid; and the party shall be entitled to a new warrant, to survey other land elsewhere, to satisfy his original application. Surveyor to be answerable for damages occasioned by his default. Ibid. § 9. How surveys to be made. Receipts to be given for warrants. Ibid. § 10. Surveyors to make annual returns of surveys. bond. Ibid. § 11. 51. Every survey (g) hereafter to be returned into the land-office of this state upon any warrant which shall be issued after the passing of this act, shall be made by actual(h) going upon and measuring the land, and marking the lines(i) to be returned upon such warrant, after(k) the warrant authorizing such survey shall come to the hands of the deputy-surveyor to whom the same shall be directed; and every survey made theretofore, shall be accounted clandestine, and shall be void, and of no effect whatsoever (). And every deputy-surveyor, upon request to him made, shall give a receipt in writing, signed by him, to the person delivering any warrant of survey, for which the fee of six-pence shall be paid by the party requesting the same, in which receipt shall be set forth the day and year when, and the order in which the same warrant shall have come to the hands of such deputy-surveyor, and also the grantee's name and surname, and the number of acres to be surveyed thereon, and also the number of the same warrant. 52. Every deputy-surveyor shall, within the month of February in every year, make a general list (and shall return the same into the office of the surveyor-general) of all the warrants, upon which he shall have made any survey during the year preceding; therein setting forth, in a summary manner, what quantity of land he hath surveyed upon each warrant, distinguishing every warrant by its number, date and the name of the grantee, and also the situation of every tract so surveyed respectively. 53. Before the opening of the land-office for the late purchase as aforesaid, every Deputies to give deputy-surveyor, then in office, and every deputy-surveyor thereafter to be appointed, (m) shall give bond to the commonwealth, with two sureties, [to be approved by the president or vice-president in council], who shall be bound with such deputy-surveyor in the sum of one thousand pounds, conditioned for the due, faithful and equal discharge of his duty according to law; which bond shall be recorded in the office for recording deeds in the proper county, and be liable to such use and suit, and be of like avail to persons damaged by such deputy-surveyor, as bonds Land-officers to be given by the sheriffs of this state are liable. And moreover, the [secretary of the land-office, the receiver-general of the same, and the] surveyor-general of this state, and every deputy-surveyor now in office or hereafter to be appointed, shall swear, or, being conscientiously scrupulous of taking an oath, shall affirm, as followeth : "1, A. B., do swear [or do solemnly, sincerely and truly declare and affirm] that I will do and perform the duties of the office of with fidelity and impartiality to all men;" which oath or affirmation shall be taken before one of the justices of the supreme court, or one of the justices of the peace of the proper county; and the same being put into writing, signed by the officer taking the same, and by the said sworn. Form of oath. How taken. (g) It seems, that this section is not confined to lands within the new purchase. Barton v. Smith, 1 R. 403. (h) Where there has been a return of survey, although no survey had been actually made, a second survey under the same warrant, without an order of re-survey, is void. McKelry v. Gilleland, 3 W. 312. Oyster v. Bellas, 2 Ibid. 397. Deal v. McCormick, 3 S. & R. 343. Hughes v. Stevens, 43 P. S. 197. But see Barton v. Smith, 1 R. 404. From the lapse of 21 years after the return of a survey into the land-office, there arises a conclusive presumption of law, that it was regularly made upon the ground as returned. Ormsby v. Ihmsen, 34 P. S. 462. Mock v. Astley, 13 S. & R. 382. Caul v. Spring, 2 W. 390. Norris v. Hamilton, 7 Ibid. 91. Nieman v. Ward, 1 W. & S. 68. Packer v. Schroder Mining and Manufacturing Co., 97 P. S. 379. And this presumption is not rebutted by mere negative evidence, that no marks are found upon the ground, where marks might have been expected. Ormsby v. Ihmsen, 34 P. S. 462. But it may be overcome by the existence of marked lines, monuments, and other facts tending to show that the actual location on the ground was different from the official courses and distances. Bellas v. Cleaver, 40 P. S. 260. See Brandon v. Fritz, 94 Ibid. 88. Hughes v. Smith, 32 Pitts. L. J. 147. (i) If several indescriptive warrants, granted to an individual, be located upon adjoining lands, the deputy-surveyor may return one general draft of the whole quantity of land, without running the division lines on the ground, or marking them upon the return of survey. Woods v. Ingersoll, 1 Binn. 150. Mock v. Astley, 13 S. & R. 382. Stevens v. Hughes, 3 W. & S. 465. And so, where two warrants, belonging to different persons, were surveyed together, without running or marking a division line between them, and a general diagram of the survey was returned by the deputy-surveyor, the survey was held to be good, and the land of each sufficiently appropriated. Ross v. McJunkin, 14 S. & R. 364. (k) If a survey have been duly made, under legal authority, and the land surveyed remain open to purchasers, a warrant coming afterwards to the hands of the deputy may be applied to the survey already made, without running and marking the lines anew. McRhea v. Plummer, 1 Binn. 227. Stockman v. Blair, 5 Ibid. 215. And if the land have been designated, in part, by former official surveys, such lines need not be again run. Lambourn v. Hartswick, 13 S. & R. 113. So, if the whole vacancy have been surrounded by former surveys. Quin v. Brady, 8 W. & S. 139. And see infra 145. (1) See Patterson v. Cochran, 1 Binn. 231. Marcy v. Gardinier, 7 W. 243. (m) See act 9 April 1850, providing for the election of county surveyors; tit. "County Surveyors." LAND-OFFICE. justice, shall be filed in the office of the clerk of the peace of the county wherein 8 April 1785 § 11. such officer shall execute his said office. 54. The number of districts to be formed within the said new purchase, and the extent and boundaries of each of the same districts, shall be ascertained and declared by the surveyor-general, to be approved of by the [president or vice-president in council], who, at their discretion, may afterwards alter the same. 2 Sm. 817. Districts. Ibid. § 13. Islands and certain 55. All islands(n) within the bed of the river Susquehanna,(o) and of the east or west branches thereof, and of the rivers Ohio, Allegheny and Delaware, (p) which be within the said new purchase, together with the appropriated lands northwest- other lands exward of the rivers Ohio and Allegheny, and the right of pre-emption of one thou- cepted. sand acres of land in the forks of Sinnemahoning, near the Great or Buffalo swamp, which is hereby reserved and granted to General James Potter, shall be excepted and reserved from all such applications as are hereinbefore mentioned, and from all And the said islands and every of them may and shall be disposed of. surveys under the same. sold by public sale or otherwise, by special order of the [president and vice-presi- How islands to be dent in council], concerning each of them, for the best prices that can be gotten for the same islands; and all occupancy, and every survey, claim or pretences for holding the same islands, or any of them, by any other title, shall be utterly void; saving always the pre-emption heretofore granted to William Irwin, Esquire, of Montour's Island, in the river Ohio, (q) and the other pre-emption rights heretofore granted to law. Ibid. § 14. Penalty for official 56. If any officer or other person who is enjoined or required to do or perform anything by this act shall neglect or refuse to perform the same, he shall (besides being liable to the party grieved for damages) be punishable for his neglect or re- misconduct. fusal as aforesaid, and likewise for any other misbehavior, abuse of trust, and for any fraud therein, by fine and imprisonment, at the discretion of the court of the proper county. Ibid. § 15. 57. In making any survey by any deputy-surveyor, (r) he shall not go out of his proper district to perform the same,(s) and every survey made by any deputy- Surveyors not to surveyor without his proper district shall be void and of none effect. And the act out of their surveyor-general and his deputies are hereby severally directed and enjoined to proper districts. locate and survey, or cause to be located and surveyed, the full amount of land Warrants to be contained and mentioned in any warrant, in one entire tract, in such manner and located in one form(t) as that such tract shall not contain in front on any river, (u) more than entire tract. one-half of the length or depth of such tract; and to conform the lines of every Form thereof. And in case greater quantity is survey in such manner as to form the figure or plot thereof, as nearly as circum- Proceedings where stances will admit, to an oblong of three times the breadth thereof. any such survey should be found to contain a greater quantity of land than is mentioned in the warrant on which it shall be made, so that such excess be not more than one-tenth(v) of the number of acres mentioned in such warrant, besides the usual allowance for highways, the return thereof shall nevertheless be admitted under the said warrant:(w) Provided, The party procuring such return to be made shall forthwith pay to the [receiver-general] of the land-office, the price or value of such excess or overplus land, at the same rate at which he paid for the land mentioned in the warrant. surveyed. 3 Sm. 184. Land-office closed for applications. Ibid. § 2. 58. From and after the passing of this act (x) no application shall be received 22 April 1794 § 1. in the land-office for any unimproved land within that part of this commonwealth commonly called the New Purchase, and the triangular tract upon Lake Erie. (y) 59. No warrant (z) shall issue, after the 15th day of June next, for any land within that part of this commonwealth commonly called the New Purchase, and the triangular tract upon Lake Erie, except in favor of persons claiming the same by virtue of some settlement and improvement being made thereon; (a) and all actual settlers. (n) At no time in the history of Pennsylvania have islands in her larger rivers been open to settlement on the same terms with fast land generally. They could Hunter v. Howard, be settled only on agreed terms. 10 S. & R. 245. Johns v. Davidson, 16 P. S. 512. Fisher v. Carter, 1 Wall. Jr. C. C. 69. Fisher v. Haldeman, 20 How. 186. (0) See infra 106, &c. McElear v. Elliot, 14 S. & R. 242. (p) See infra 116, &c. (q) See act 24 September 1783. P. L. 234. (r) This section only applies to the new purchase. Smith v. Wells, 1 Y. 286. Hubley v. White, 2 Ibid. Mock v. 138, 147. Harris v. Monks, 2 S. & R. 560. Me Namara v. Shorb, 2 W. 292. Astley, 13 Ibid. 384. Marcy v. Gardinier, 7 Ibid. 242, 245. Prout v. Bard, 10 Ibid. 379. (8) If the improvement-right in his county extend over the line of an adjoining county, he may go into that county to run the lines claimed by the settler. McNamara v. Shorb, 2 W. 288. But the land in that case was within the old purchase. Prout v. Bard, 10 Creek W. 379. See Harris v. Monks, 2 S. & R. 557. Vastbinder v. Wager, 6 P. S. 339. v. Moon, 7 Ibid. 330. And warrants, except in favor of (t) This is merely directory. Wyncoop v. Heath, 10 W. 428. But see Bear v. Russell, 2 Y. 130. (u) This is only applicable to lands upon the large streams, and does not apply to the smaller ones, as Clarion river. Wyncoop v. Heath, 10 W. 428. (v) See Kyle v. White, 1 Binn. 249. Steinmitz v. Young, 2 Ibid. 520. Elliot v. Bonnet, 3 Y. 287. Creek v. Moon, 7 S. & R. 335. (w) Not even the ten per cent surplus can be included, to the prejudice of third persons. Creek v. Moon, 7 S. & R. 335-6. Elliott v. Bonnet, 3 Y. 277. See infra 146. (e) It was supposed, that the vacant lands in the state would not be sufficient to satisfy more than the amount for which the state has already engaged to make titles. Faulkner v. Eddy, 1 Binn. 190. (y) This did not prevent an alteration of the names of former applicants. Faulkner v. Eddy, 1 Binn. 188. (z) This includes both original and new or vacating warrants. Campbell v. Galbreath, 1 W. 84. See act 9 March 1796, 3 Sm. 267, excepting certain Connecticut claimants; and see Meade v. Haymaker, 3 Y. 67. (a) A mere improvement on the land is no authority for a warrant under this act; it requires a settlement, 3 Sm. 154. balances were due. 29 April 1794 § 2. applications for lands that may remain on the files of the land-office, after the said 15th day of June next, and for which the purchase-money shall not have been Applications not paid on that day, shall be null and void: Provided, however, That applications may paid for to be void. be received and warrants may issue, until the first day of January 1795, in favor Exception in favor of any person or persons to whom any balance or balances may be due in the landof persons to whom office, on unsatisfied warrants issued before the 29th day of March 1792, for such quantity of land respectively as may be sufficient to discharge such balance or balances: Provided always, That nothing in this act shall be so construed as that warrants, except those wherein the land is particularly described, shall in any manner affect the title of the claim of any person having made an actual improvement, before such warrant is entered and surveyed in the deputy-surveyor's books.(b) 10 March 1817 § 1. 60. From and after the first day of September next, it shall be lawful for the secretary of the land-office to issue warrants for any vacant and unappropriated lands within the limits of the purchase made of the Indians in the year 1784, and lying east of the Allegheny river and Conewango creek, either improved or unimproved, at the rate of twenty-six dollars and sixty-six cents for every hundred acres.(c) 6 Sm. 420. Warrants may issue for land at $26.66 for 100 acres. Ibid. § 2. Proof to be made by applicant. Ibid. § 8. Actual settlement dispensed with. 61. Before any warrant shall issue for lands within the limits aforesaid, the person in whose name or for whose use such warrant is applied for, shall, in addition to the proof already required by law, prove, by a disinterested witness, whether the said lands are improved or unimproved, and if improved, the date when such improvement was commenced, that interest may be charged accordingly; which proof shall be taken, on oath or affirmation, before two justices of the peace of the county in which the lands applied for are situated. 62. So much of the act of the 3d of April 1792, (d) as reduces the price of lands to five pounds for every hundred acres, as also so much of the act of the 22d September 1791, (e) as requires a settlement, residence and raising of grain, are hereby repealed, so far as respects lands within the limits aforesaid: Provided, That nothing herein contained shall impair the right of any person who may have settled on vacant land previously to the first day of September next. V. Of lands lying north and west of the Ohio and Allegheny. 3 April 1792 § 2. 8 Sm. 71. actual settlers. 63. All other lands belonging to this commonwealth, and within the jurisdiction thereof, and lying north and west of the rivers Ohio and Allegheny and Conewango Lands to be sold to creek, excepting such parts thereof as heretofore have been or hereafter shall be appropriated to any public or charitable use, (g) shall be and are hereby offered for sale to persons who will cultivate, improve and settle the same, (h) or cause the same to be cultivated, improved and settled, at and for the price of seven pounds ten shillings for every hundred acres thereof, with an allowance of six per centum for roads and highways; to be located, surveyed and secured to such purchasers, in the manner hereinafter mentioned. Price thereof. Ibid. § 3. Warrant for four hundred acres to be 64. Upon the application of any person who may have settled (i) and improved, or is desirous to settle and improve a plantation, within the limits aforesaid, to the granted to settlers, secretary of the land-office, which application shall contain a particular description(k) of the lands applied for, there shall be granted to him a warrant for any on application. (i) A settlement-right having been made the basis of one paper-title, its efficacy is exhausted, and it cannot support another. Parshall v. Jones, 55 P. S. 153. See supra 31, 59, and infra 72. (k) The warrants should contain a special description of the land; a special entry in the books of the deputy-surveyor, cannot supply the defect. Wright V. Small, 4 Y. 562. Whether a warrant be descriptive or not, is to be determined by testimony, ascertaining the situation of the land and of the boundaries mentioned in the warrant. Patterson v. Ross, 22 P. S. 340. A descriptive warrant, followed, in a reasonable time, by a survey and return, gives title from its date. Bechtel v. Rhoades, 3 S. & R. 333. Fox v. See Lyon, 27 P. S. 9; s. c. 33 Ibid. 474. Hughes v. 8 Sm. 71. quantity of land within the said limits, not exceeding four hundred acres, requir- 8 April 1792 § 3. ing the surveyor-general to cause the same to be surveyed for the use of the grantee, his heirs and assigns for ever, and make return thereof to the surveyor-general's office, within the term of six months next following, the grantee paying the purchase-money and all the usual fees of the land-office. land for which a 65. In order to prevent the confusion that would arise from issuing different 2 April 1802 § 4. warrants for the same land, and to prevent lawsuits in future respecting grants 8 Sm. 510. from the land-office, under the act of April the 3d, 1792: Be it enacted, That from New warrant not and after the passing of this act, the secretary of the land-office shall not grant any to be granted for new warrant for land which he has reason to believe hath been already taken up former warrant has under a former warrant, but in all such cases, he shall cause a duplicate copy of issued. the application to be made, on which duplicate copy he shall write his name, with Proceedings in the day and year in which it was presented, and he shall file the original in his such cases. office, and deliver the copy to the party applying: Provided always, That on every application so to be made and filed, shall be certified, on the oath or affirmation of Proof to be made one disinterested witness, that the person making such application, or in whose be- by applicant. half such application is made, is in actual possession of the land applied for, and such certificate shall mention also the time when such possession was taken:(1) and the application so filed in the secretary's office shall be entitled to the same force and effect, and the same priority in granting warrants to actual settlers, as though the warrants had been granted at the time when the applications were filed; and On verdict in favor should the decision of the court and jury, at the trial aforesaid, (m) be in favor of of the actual setthe claims of the actual settlers, the secretary of the land-office shall proceed to issue. grant warrants, upon the purchase-money being paid, according to the priority of the applications filed in his office. tler, warrant to bond. 3 Sm. 71. To give notice 66. The surveyor-general shall, with the approbation of the governor, divide 8 April 1792 § 4. the lands thus offered for sale into proper and convenient districts, in such manner as he may think expedient, so that the boundaries of each district, either Districts. natural or artificial, may be known, [and appoint one deputy-surveyor for each district,] who shall give bond and security, as is customary with other deputysurveyors in this commonwealth, and shall reside within or as near as possible to Deputies to give his respective district; and every such deputy-surveyor shall, within sixty days next after his appointment, certify to the surveyor-general, the county, township and place where such deputy-surveyor shall keep his office open, for the purpose where their offices of receiving warrants, in order that all persons who may apply for lands as afore- are kept. said may be duly informed thereof. And every deputy-surveyor who shall receive any such warrant, shall make fair and clear entries thereof, in a book,(n) to be Warrants to be provided by him for that purpose, distinguishing therein the name of the person registered. therein mentioned, the quantity of land, date thereof, and the day on which such deputy-surveyor shall receive the same; which book shall be open, at all seasonable Books to be open hours, to every applicant who shall be entitled to copies of any entries therein, to for inspection, and be certified as such and signed by the deputy-surveyor, the party paying one- dence. quarter of a dollar therefor. (2.) Of the survey. copies to be evi 3 Sm. 72. 67. The deputy-surveyor shall, at the reasonable request and proper costs and 8 April 1792 § 5. charges of the respective grantees in such warrants named, proceed to survey the lands in such warrants described, as nearly as may be, according to the respective Lands to be surpriorities of their warrants (0) Provided, That they shall not, by virtue of any veyed according to priority of warwarrant, survey any tract of land that may have been actually settled and improved rants. prior to the date of the entry(p) of such warrant with the deputy-surveyor of the the survey. Kyle v. White, 1 Binn. 246. Bond v. Stroup, 3 Ibid. 66. Boyles v. Kelly, 10 S. & R. 217. Vickroy v. Skelley, 14 Ibid. 377. And see McKinney v. Houser, 2 Sm. 190. Tilghman v. Harris, Huston on Land Titles 425. A survey made on a shifted warrant, though indescriptive, confers title, when there are no intervening rights. Smith v. Walker, 98 P. S. 133. (1) A title cannot be acquired by entering and making a settlement upon, and procuring a survey of lands, for which another person had obtained a warrant and survey, under the act 3 April 1792, but had not complied with the condition of actual settlement and residence, required by that act, unless such settler has obtained a vacating warrant, or filed an application. Skeen v. Pearce, 7 S. & R. 303. Barnes v. Irvine, 5 W. 497. See Wilson v. Horner, 59 P. S. 161-2. And a new or vacating warrant cannot issue, when the land is occupied adversely to the person applying for it; and if the land be seated, a vacating warrant, if granted, is void. Sweeney v. Sheffield, 1 P. S. 463. It is the duty of one who obtains a vacating warrant, to enter upon the land and reside thereon, or the warrant will confer no title. Ibid. (m) The 1st, 2d and 3d sections of this act directed the judges of the supreme court to meet at Sunbury, and devise a form of action for trying and determining certain proposed questions relative to disputed titles to lands, north and west of the Ohio and Allegheny rivers and Conewango creek. See Barnes v. Irvine, 5 W. 501, 562. (n) This does not apply to the purchases prior to 1784. Goddard v. Gloninger, 5 W. 222. The manifest object of the legislature, in directing the entry of the warrants in the book of the deputy-surveyor, was to ascertain the places which the warrants severally called for, and their priorities, and to serve as modes of information to all appliers, of what lands were vacant. Dawson v. Bigsby, 5 Binn. 207-8. Mc Rhea v. Plummer, 1 Ibid. 230. Wright v. Small, 4 Y. 562. The entry must conform to the warrant. Dawson v. Bigsby, 5 Binn. 204. And the deputy is not bound to make it more special. Wright v. Small, 4 Y. 562. (0) The possession of the warrant, at the time of survey, is not necessary, if it has been entered in his book. Stockman v. Blair, 5 Binn. 211. He must follow the warrant, and not the application, if they differ. Dawson v. Bigsby, 5 Binn. 208. The priority may be lost by laches. Grant v. Eddy, 2 Y. 148. (p) Though the lands were actually vacant when the warrant issued, a subsequent settlement and improvement, made before the day of its entry with the 3 Sm. 72. Settled lands not to be surveyed, ex 8 April 1792 § 5. district, except for the owner of such settlement and improvement; and having perfected such surveys, shall enter the same in a book, to be kept by the deputysurveyor, and to be called the survey-book ;(q) and the same book shall remain in his office, liable to be inspected by any person whatsoever, who shall demand to see the same, upon the payment of eleven pence for every search. And the deputysurveyor shall cause copies of any such survey to be made out and delivered to any person, upon the payment of one-quarter of a dollar for each copy. cept for the owner of improvement. Surveys to be reg istered. Ibid. § 6. Surveyors not to act out of their districts. Lands to be surveyed in one entire tract. Form. Proceedings in case of excess. Ibid. § $7. annual returns. 68. In making any survey by any deputy-surveyor, he shall not go out of his proper district to perform the same, and every survey made by any deputy-surveyor without his proper district shall be void and of none effect.(r) And the surveyorgeneral and his deputies are hereby severally directed and enjoined to survey, or cause to be surveyed, the full amount of land contained and mentioned in any warrant, in one entire tract, if the same can be found, in such manner and form, as that such tract shall not contain in front on any navigable river or lake, more than one-half of the length or depth of such tract, and to conform the lines of every survey in such a manner as to form the figure or plot thereof, as nearly as circumstances will admit, to an oblong whose length shall not be greater than twice the breadth thereof. And in case any such survey should be found to contain a greater quantity of land than is mentioned in the warrant on which it shall be made, so that such excess be not more than one-tenth of the number of acres mentioned in such warrant, besides the usual allowance for roads and highways, the return thereof shall nevertheless be admitted under the warrant, provided the party procuring such return to be made, shall forthwith pay to the receiver-general of the land-office, the price or value of such excess or overplus land, at the same rate at which he paid for the land mentioned in the warrant. 69. Every deputy-surveyor to be appointed by virtue of this act, shall, within Surveyors to make the month of February in the next year, make and return into the office of the surveyor-general, plots of every survey which he shall have made in pursuance of any warrant, connected together in one general draft, so far as they may be contiguous to each other, with the courses and distances of each line, the quantity of land contained in each survey, and the name of the person for whom the same was surveyed; and every succeeding year, he shall make a like return of the surveys made in the year preceding. Ibid. § 8. To make surveys 70. The deputy-surveyor of the proper district shall, upon the application(s) of any person who has made an actual settlement and improvement on lands for actual settlers lying north and west of the rivers Ohio and Allegheny and Conewango creek, on payment of fees. and upon such person paying the legal fees, survey and mark out the lines of the But not more than tract of land to which such person may, by conforming to the provisions of this four hundred acres. 1 March 1811 § 2. 5 Sm. 199. turned and filed. act, become entitled by virtue of such settlement and improvement:(t) Provided, That he shall not survey more than four hundred acres for such person, and shall, in making such survey, conform himself to all the other regulations by this act prescribed. 71. All surveys made or that may hereafter be made, agreeably to the eighth section of the act of the 3d of April 1792, and entered in the survey-book of the Surveys made and proper deputy-surveyor, agreeably to said act, it shall be the duty of the deputyregistered to be re- surveyors, on application to them made, to make return of said surveys into the said surveyor-general's office, at any time after the passing of this act, and the surveyor-general shall file the same in his office; after which the lands so surveyed Warrant of accept- and returned need not be again surveyed, but the secretary of the land-office shall issue warrants of acceptance for the same, to the person or persons applying to take their titles, agreeably to the provisions and directions of the first section of this act.(u) ance may issue therefor. 8 April 1792 § 9. 8 Sm. 78. (3.) Of actual settlements. 72. No warrant or survey to be issued or made in pursuance of this act, for lands lying north and west of the rivers Ohio and Allegheny and Conewango creek, shall vest any title in or to the lands therein mentioned, unless (v) the (q) See Wilson v. Horner, 59 P. S. 155, 163. (r) See McNamara v. Shorb, 2 W. 292–3. Goddard v. Gloninger, 5 Ibid. 220-1. (s) Such survey is official, though made without warrant. Lawrence v. Hunter, 9 W. 64. Gibson v. Robbins, Ibid. 160. The settlement and improvement alone are equivalent to a warrant. Commonwealth v. Coxe, 4 Dall. 201. And the settler cannot maintain ejectment without a survey. Bond v. Fitzrandolph, 2 Y. 227. Dawson v. Laughlin, Ibid. 446. Cosby v. Brown, 2 Binn. 124. Stockman v. Blair, 5 Ibid. 211. Luck v. Duff, 6 S. & R. 191. Mickle v. Lucas, 10 Ibid. 295. Ross v. Barker, 5 W. 391-4. And see Dick v. Cameron, Add. 340. Meade v. Haymaker, 3 Y. 67, 71. Campbell v. Galbreath, 1 W. 84. Houston v. Sims, 12 P. S. 195. It is otherwise, as to settlers on lands within the old purchase. Luck v. Duff, 6 S. & R. 189. Mickle v. Lucas, 10 Ibid. 293. (1) A warrantee cannot locate his warrant upon any part of a prior settler's claim, without first calling upon him to define his boundaries. Barton v. Glasgo, 12 S. & R. 153. Kirkpatrick v. Vanhorn, 32 P. S. 131. The possession of a settler, who has omitted to mark out his boundaries by competent authority, cannot be constructively extended beyond his immediate occupancy. Ross v. Barker, 5 W. 391, (u) See Wilson v. Horner, 59 P. S. 155, 163. And see infra 75. () The terms of actual settlement and residence are precedent conditions to the vesting of absolute estates in these lands. Commonwealth v. Coze, 4 Dall. 204. Attorney-General v. Grantees, Ibid. 240-1. |