Winter et al. v. United States.
those of individuals having them of their own, they will be cited to appear for the purpose of exhibiting their titles permitting. them to remain in possession, running the lines without injuring them; and the government reserving the right of examining at a proper time the validity of their titles, and the defects of their petitions."
Again, in the 1st rule he is directed to "take care that the measurements be made adhering to the title."
These instructions or rules were dated and issued October 24, 1791. 1 Land Laws, App. 997, 998. On the 29th October, 1790, it had been communicated to governor Quesada as the order of the king of Spain, that foreigners who would freely present themselves and swear allegiance to his majesty, should have lands granted and measured to them, in proportion to the working hands each family might have. 1 Land Laws, App. 996.
The 9th clause of the regulations of Governor White, of October 12th, 1803, declares that all persons who abandoned or ceased to cultivate lands, which at any period shall have been measured to them by the surveyor-general, although they had obtained the corresponding title of property should nevertheless lose and forfeit their right thereto. 1 Land Laws, App. 1001.
Governor Estrada, who succeeded governor White, commissioned George J. F. Clarke as surveyor-general of the Province of Florida, on the 2d of May, 1811. The commission recites, that whereas, the appointment of public surveyor being vacant on account of the absence of Don John Porcel, who exercised the same, and therefore being in the want of one for the measurement by the government in the laying off of lands, &c. 1 Land Laws, App. 1003. Certain instructions were promulgated by Estrada, on the 11th June, 1811, for the government of the surveyor-general in the discharge of his official duties; some of them will be referred to.
"2d. The surveyor having been called on by any person to measure and bound lands to him, he will require his title of property or grant from government, that on sight thereof he may proceed to its measurement and demarcation."
