Survey
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
V. To examine with reference to condition, situation, and va We; also, to determine dimensions, form, &c., of lands, by measurements. Survey, n.: an examination or view, particularly an official or professional one, made to ascertain the condition or quantity of merchandise, the condition and value of buildings, or the dimensions, form, and topographical features of land; also, the act of making such an examination; also, the exhibit, paper, or report by which the results of such an examination are preserved and made known. Surveying: the business of making surveys; also, the act of making one. Surveyor: a person whose office, profession, or vocation it is to make surveys for others. lands; and to ascertain not only the bounds and royalties tliereof, but the tenure of the respective tenants, the rent and value of the same, &c. On the falling of an estate to a new lord, consisting of manors, where there are tenants by lease and copyliolders, a court of survey is generally held; and, at certain other times, to apprise the lord of the present terms and interests of the tenants, and as a direction on making further grants, as well as in order to improvements, &e. In this court, a survey, or particular in the nature of a rent-roll, is made out, specifying the tenants, and terms of their tenure, &c. A surveyor is one who has the overseeing or care of some person's lands or works. A court of surveyors was erected by Stat. 33 Hen, VIII. ch. 39, for the benefit of the crown. Jacob. A survey, in insurance law, means only a plan and description of the existing state, condition, and mode of use of the property. It does not import that any statements or representations of a promissory or executory nature are embraced relating to contemplated alterations or improvements, or to the future occupation. " Survey," " plan," and " description " may be used as synonymous. Denny v. Conway Stock, &c.
Ins. Co., 13 Gray, 492.
Tlie noun survey does not necessarily mean a map or profile. The terms are sometimes used as convertible, but are not so always. A book filed by a railroad company, in the office of the secretary of state, containing a description (in words and figures) of tile commencement of the road, the different stations made at the time of the survey, the courses and distances between those stations, and the number of stations, to the termination of the road, is " a survey," within the meaning of a charter provision that " a survey of such route and location shall be deposited in the of Bce of the secretary of state; " at least, so far as to warrant the court in refusing an injunction on the ground that no survey whatever has been made.
Attorney-General V. Stevens, 1 N. J. Eq. 369.
In insurance law, the term, " the survey," has acquired a general meaning, inclusive of what is commonly called the application, which contains the questions propounded on behalf of the company, and the answers of the assured. May v. Buckeye, &c.
Ins. Co., 25 Wis. 291.
Surveyor of highvyays. A person elected by the inhabitants of a parish, in vestry assembled, to survey the highways therein. He must possess certain qualifications in point of property; and, when elected, he is compellable, unless he can show some grounds of exemption, to take upon himself the office; and, under the highway ait, 1835 (Stat. 5 & 6 Wm. IV. ch. 50), he is subject to various penalties in case he neglects his duty. He is, however, permitted to appoint a deputy, wlio is repair of the highways, and to levy the expenses of doing so on the occupiers of land. The office is not in general remunerated: but the vestry may, if they think proper, appoint a surveyor with a salary. (3 Steph. Com. 133; Oke Mag. Syn. 418, 419.) Modey ^ W. Surveyor of the port. An officer of the customs service. Under the United States duty laws, a surveyor is appointed for each of the larger ports of entry. His duties involve the various measures to be taken for ascertaining the quantity, condition, and value of merchandise brought into the port.
U. S. Rev. Stat. § 2827.