Winter et al. v. United States.
"5th. To each person whose lands have been measured, a plot will be given, constructed in running lines of ink, marking in the perimeter the corners by a small circle of a line in diameter, and on the longitude of each line note its magnetic direction and length in chains and links. . . . In the centre of plot he will place in numbers the acres of land which he has measured. The plot being made, he will deliver it with the following description: 'Plot of the number of acres of land of A. B., in such a place, measured and bounded by the public surveyor of this province. Don George Clarke, East Florida, the day of the year and month on the same tract.
"GEORGE CLARKE.'
"6th. The surveyor will keep a book of large paper, and copy therein the plots he gives out according to the foregoing article. . . .
"7th. The book mentioned in the foregoing article will serve to show government what lands are vacant or not measured; he should form in legal surveys a journal of his operations, to satisfy the pers ms having lands adjoining.
"8th. That the boundaries shall be permanent, he will cause to be drove down at the corners stakes of three feet long and three inches thick at their heads, leaving them three inches above ground.
"9th. Those who employ the surveyor will pay him four dollars per day for his personal services, calculating from his departure from the mansion where he is found until he concludes the work performed for them." 1 Land Laws, App. 1004.
The commissioners for ascertaining Spanish claims in West Florida, namely, Samuel R. Overton, Joseph M. White, and Craven P. Luckett, in their report, in 1824, state that "the first step in obtaining a gratuitous concession, was the presentment of a petition to the sub-delegate, or authority vested with the power of disposing of lands. This petition was referred to the surveyor, who was required to report whether the tract solicited was vacant and royal domain."
"The subject was next submitted to the fiscal or king's attorney, whose province it was to state whether or not there were any objections to a compliance with the petition. When these
