survey

The word 'survey,' as used in the law, is not satisfied by the mere circumstance that a chain has followed a compass round a particular piece of ground; but requires that it should be made in virtue of a warrant for the purpose of appropriating land, to which the holder of that warrant is entitled by law.

The act by which the quantity of a piece of land is ascertained. An instrument sui generis, in the nature of a partition; a customary mode in which a proprietor has set off to himself, in severalty a part of the common estate. 56 N. J. Law 237. The paper containing a statement of the courses, distances, and quantity of land is also called a "survey." By "survey" is also understood an examination; as, a survey has been made of your house, and now the insurance company will insure it. A plan and description of the present existence, state, condition, and mode of use of the insured property. 179 Mich. 443, 463.

The act by which the quantity of a piece of land is ascertained; the paper containing a statement of the courses, distances, and quantity of land is also called a survey. A survey made by authority of law, and duly returned into the land office, is a matter of record, and of equal dignity with the patent; Steele’s Heirs v. Taylor, 3 A. K. Marsh. (Ivy.) 226, 13 Am. Dec. 151. See Lunt v. Holland, 14 Mass. 149; Kirby v. Lewis, 39 Fed. 66; Harry v. Graham, 18 N. C. 76, 27 Am. Dec. 226; and is not open to any collateral attack in the courts; Russell v. Land Grant and has been unchallenged for over fifteen years, whatever doubts may exist as to its correctness must be resolved in favor of the title as patented; U. S. v. Hancock, 133 U. S. 193, 10 Sup. Ct. 264, 33 L. Ed. 601. In construing maps of official surveys, courts give effect to the meaning expressed by their outlines, as well as by their language; St Louis v. R. Co., 114 Mo. 13, 21 S. W. 202. The declarations of a dead surveyor, when made on the ground, are competent evidence as to boundaries; so are his field notes, if authenticated otherwise than by his mere declarations; Collins v. Clough, 222 Pa. 472, 71 Atl. 1077, 15 Ann. Cas. 871. An ancient survey of a manor is admissible evidence of its boundaries: 62 J. P. 661. By survey is also understood an examination; and in this sense it is constantly employed in insurance and in admiralty law.

The process by which a parcel of land is measured and its contents ascertained ; also a statement of the result of such survey, with the courses and distances and the quantity of the land. 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. Albion Lead Works v. Williamsburg City F. Ins. Co. (C. C.) 2 Fed. 484; May v. Buckeye Ins. Co., 25 Wis. 291, 3 Am. Rep. 76.

— Survey of a vessel. A public document, looked to both by underwriters and owners, as affording the means of ascertaining, at the time ana place, the state and condition of the ship and other property at hazard. Potter v. Ocean Ins. Co., 3 Sumn. 43, 19 Fed. Cas. 1,173 ; Hathaway v. Sun Mut. Ins. Co., 8 Bosw. (N. Y.) 68.

An examination with reference to extent or condition. Survey of land: a measurement of land to ascertain quantity, fix boundary, etc. Survey of a vessel: a public document by which the condition of a vessel may be known.

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.

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.