Survey

A view or examination, usually professional or official, with reference to the boundaries, features, etc., of land, the condition and value of a building, the seaworthiness of a vessel, or the quality, condition, or value of merchandise. Whence surveyor of land, of highways, of customs or of the port, of vessels; and surveyor-general of public lands. Survey of buildings. In insurance law, a plan and description of the existing state, condition, and mode of use of property. "Plan" and " description" may be synonymous.' Includes the application, containing the questions propounded and the answers thereto.* Survey of land. The actual measurement of land, ascertaining the contents by running the lines and angles, and fixing the corners and boundaries. * In civil engineering, does not necessarily mean a map or profile; but the terms are sometimes convertible.' Chamber survey. A survey not made upon the ground. Where a return of an official siu Tcy is made and accepted, a p7-ima/aae presumption arises ttiatthe surwy was made upon the ground, but for twenty-one years after the return such presumption maybe rebutted by proof that it was but a chamber survey.' Junior survey and senior survey are used in the ordinary sense of younger or later and older or earlier survey, respectively. In Pennsylvania, unless a survey is returned to the land-oface within a reasonable time,— seven years, as fixed by the courts,— it is regarded as abandoned.* In that State, also, original marks and living monuments are the highest proof of a location; calls for adjoining surveys are next in importance. Both thesebeing wanting, corners and distances returned to theSee 2 Bl. Com. 503; 3 Kent, 420; 2 Steph. Com. 247. ''F sur, over; veer (voir), to see. 3 Denny v. Conway Ins. Co., 13 Gray, 497 (1850), Bigelow, J. ' May V. Buckeye Ins. Co., 35 Wis. 307 (1870). [Winter w. United States, 1 Hemp. 383(1648), Johnson, J. 'Attorney-General v. Stevens, 1 N. J. E. 386 (1831). ' Packer v. Schrader Mining, &c. Co., 97 Pa. 383 land-office govern. Surveys constituting a block are treated as one survey; and its lines and corners, belonging to every sub-tract as much as to any particular one, fixes the location of the whole block. When a survey can be determined by its own marks upon the ground or by its own calls, it cannot be controlled by the lines of an adjoining junior survey; but when marks have disappeared from the senior survey, so that a line is rendered uncertain, original and wellestablished marks found upon a later adjoining survey, made by the same surveyor about the same time, are admissible to aid the jury in settling the location of the senior sm'vey. After twenty-one years from the return of a survey the presumption is that the warrant was located as returned to the, land-office; but this may be rebutted by proof of the existence of marked lines and monuments, and of other facts showing that the actual location was different from the ofdcial courses and distances. See Boondaky; Take, 8. Survey of a vessel. A public document which affords the means of ascertaining the condition of the ship and ihe other property at hazard.- SURVrVE.s To live beyond an event or person. 1. A right of action is said to " survive," rather than to abate, upon the death of a person, when his representative may institute or continue the action; as, for breach of a contract or for injury to property.* A right of action survives against one's representatives where by means of the offense property is acquired which benefited the decedent.' See further Action, 2, Personal. 3. To live beyond another related person. To remain in life after the death of another.* The persons may be partners, executors, administrators, trustees. Whence aurvimng partner, executor, etc., or simply the survivor. " Surviving," " survivor," or " survivors," is often used, in wills, in the broad sense of all " others," rather than' as referring to members of a particular class alone, which is its ordinary and perhaps strict sense.' See ExECOTOE; Pabtnek. Survivorship. When 'two or more persons are seized of a joint estate of inheritance for their own lives, or for the life of another, or are jointly possessed of a chattel interest, the entire tenancy, upon the death of any of 1 Clement v. Packer, 125 U. S. 337, 332, 336 (1888), cases. 2 [Potter u Ocean Ins. Co., 3 Sumn. 43 (1837), Story, J. '¥. survivre, to outlive: L. snper-vivere. * See Jenkins v. French, 58 N. H. 633 (1879). 'United States v. Daniel, 6 How. 13 (1848); 20 Am. Law Kev. 49-79 (1886), cases. Northampton, 8 Mass. *31 (1811). them, survives to the survivor, and at length to the last survivor, i Also called jus accrescendi, because, upon the death of one joint-tenant, the right ac' cumulates and increases to the survivor. 2 Generally abolished, and preference given to tenancy in common, unless otherwise directed in devises, and except as to mortgages, trust estates, and, perhaps, as to devises and conveyances to husband andwife.' See Tenant. Where two or more persons, entitled to inherit from one another, perish together in the same shipwreck, battle, or conflagration, or otherwise, the. English common law requires the* matter of successive survivorship to be proved by facts. The French civil code and the civil code of Louisiana deduce rules from the probabilities resulting from age, sex, and strength.* There is no presumption of survivorship in the case of persons who perish by a common disaster. One who claims through a survivorship must prove the survivorship. 6 See Accumulation; Copaecenary; Entirety; Tenant, Joint-tenants.