How shall the northeast quarter of section 1 be laid off, no quarter-posts having been planted? Ans. Place the quarter-section corners on the north and east sides of the section in line with and midway between their respective section corners. Make the east and west quarter-line parallel with the south line of the section, placing the west quarter-post at the point where the quarter-line thus run intersects the section line. From the north quarter-post run the quarter-line south on a course which is a mean between the courses of the east and the west lines of the section, placing the south quarter post at the intersection of the section and quartersection lines. The exceptional features of this case are that no quarter-posts were set on the United States survey, and that the east line of the section is just 80 chains in length, having been run from the north to the south. 13. The description in the deed runs: "Beginning at a stone (4), at the N.W. corner of lot 401; thence east 112 ft. to a stone (B); thence S. 36° W. 100 ft.; thence west parallel with AB to the west line of said lot 401; thence north on west line of said lot, 66 ft., to the place of beginning." The points A and B, and angle ABC, are fixed. C, by construction and in fact, is 80,1% ft. distant, at right angles from the line AB. 1. Shall I locate CD parallel with AB, or locate D 66 ft. from A? 2. Have I any right to consider any apparent intention to locate 66 ft. or 80 ft. from A? 3. Have I, if I know it, any authority to consider the actual intention of the grantor to locate CD? 4. If the distance AB should actually measure 114 ft., am I to use it, or shall I make B 112 ft. from A? Ans. 1. The answer to this question will depend upon the state of facts brought out in answer to questions 2 and 3. If there be evidence showing what the intention and understanding of the parties to the conveyance was as to which of the two lines should be taken, that evidence would settle the question. If not, that construction may be given to the deed which will operate most strongly against the grantor and give the grantee the greater amount of land. So far as anything is shown in the question, the deeds to the adjacent land might furnish the necessary evidence. 2 and 3. Yes. Judge Cooley says, (see “Judicial Functions of Surveyors "): "The surveyor must inquire into all the facts, giving due prominence to the acts of parties concerned, and always keeping in mind **** that courts and juries may be required to follow after the surveyor over the same ground, and that it is exceedingly desirable that he govern his action by the same lights and the same rules that will govern theirs." 4. The monument controls the distance. 14. A piece of land is sold, and described as commencing at the north quarter-post of section 15, and running thence east 100 rods; thence south 160 rods; thence west 100 rods; thence north 160 rods, to the place of beginning; containing 100 acres, according to the United States sur Ques. How shall it be set off? Ans. The deed clearly indicates the understanding of the parties to the conveyance to be that the land should pass according to the rules that govern the United States survey. One of these rules is, that "the length of the boundary lines as returned by the surveyor-general shall be held and considered as the true length thereof." Hence in this case, measure east from the quarter-post along the section line 25 chains of just such measure as the United States surveyors gave; or in other words, of pro rata measurement. Suppose the distance by the field notes to be 40.32 chains from quarter-post to section corner. Then 25.00 lay off 40.32 of that distance. Proceed in a similar man ner, running east on the quarter-line from the center of the section, and the two points thus located will be the corners of the 100 acres. To get the length of the south line of the N. E. of the section by the United States survey, take the half sum of the measure given on the north and the south lines of the section. Supposing it to be 40 32 on the north, and 40.18 on the south, then the distance on the quarter-line would be equal to 241. The Rights, Duties and Responsibilities of Surveyors. Surveyors, by the consent and acquiescence of the parties concerned, are usually the arbiters of disputed boundaries, and their decisions, when thus acquiesced in by the parties, become in time as binding, and as much respected by the authorities, as the decisions of juries and courts of law. It is probable that at least ninety-nine per cent. of all questions of disputed bound aries are thus settled by the interested parties themselves, in accordance with the decision of the surveyor. Surveyors, from constantly exercising this seeming authority, come at last in many cases to believe it to be absolute and final, something which must be respected, overlooking the fact that the only force their decisions have comes from the consent of the parties. When that consent is withheld, the case goes to the courts for settlement; and thus the courts have in some cases felt called upon to define the surveyor's standing before the law. They say: 1. "Surveyors have no more authority than other men to determine boundaries, of their own motion. All bounds and starting points are questions of fact to be determined by testimony. Surveyors may or may not have in certain cases means of judgment not possessed by others, but the law can not and does not make them arbiters of private rights. Cronin v. Gore, 38 Mich. 381. 2. The law recognizes surveyors as useful assistants in doing the mechanical work of measurement, and calculation, and also allows such credit to their judgment as belongs to any experience which may give it value in cases where better means of information do not exist. But the determination of facts belongs exclusively to courts and juries. Where a section line or other starting point actually exists, is always a question of fact, and cannot be left to the opinion of an expert for final decision. And where, as is generally the case in an old community, boundaries have been fixed by long use and acquiescence, it would be contrary to all reason to have them interfered with on any abstract notion of science. Stewart v. Carleton, 31 Mich. 273. Gregory v. Knight, 50 Mich. 61. 3. New surveys disturbing old boundaries are not to be encouraged. Toby v. Secor, Wisconsin. N. W. Reporter, Vol. 19, p. 79, 4. Lines long unquestioned ought not to be disturbed upon a mere disagreement among surveyors, especially when the last survey is made under the unfavorable circumstances of corner posts and witness trees being gone, which it is probable to suppose were in existence at the time of the first survey. Case v. Trapp, 49 Mich. 59. 5. County surveyors' certificates are not admissible in evidence unless they contain all the particulars required by the statute to be entered in the surveyor's record. Smith v. Rich, 37 Mich. 549. The statute of Michigan requires the length of all lines run, the area of lands surveyed, and other particulars, to be entered in the county surveyor's record. In the above case the survey was solely to find the location of a corner post. As the surveyor's certificate did not show any area of land surveyed, it was not admitted in evidence. 6. A surveyor was called on to survey the line of a highway. He performed the work so unskillfully as to render a new survey necessary. A large amount of road constructed at great expense, on the line designated by the surveyor before the mistake was discovered, had to be abandoned. Action was brought to recover damages. Held, that whether the defendant was a professional or official surveyor, or represented himself as such, his undertaking was that he should bring to the work the necessary knowledge and skill to perform the same properly and correctly; and if he failed to do so, and the plaintiff suffered damage in consequence of such failure, the plaintiff will be entitled to recover. Commissioner of Highways v. Beebe, Mich. Sup. Court. N. W. Rep., Vol. 20, No. 16, The following paper, by Chief Justice Cooley, of the Supreme Court of Michigan, discusses more fully the surveyor's functions: |