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- This registring is exspressly required by the Act of Satisfaction, both for the certificat and allottment, and shall well exspound the generall clauses in the Act 17 of Caroli, and other subsequent Acts, allthough it bee but an affirmative clause.
The adventurers, after they had lotted for province, county, and barrony, and obtained certificate thereoff, send artists into Ireland to survey and admeasure. These take commission from one Surveyor-Generall, are sworne by him, but paid by the adventurers, and that according to a higher rate then the lawdirects. This surveyor offers his survey to the Surveyor-Generall, who refuseth it, but offereth noe duplicate thereoff to the Register. The Surveyor-Generall doth not peruse this survey, but, by order of his superiours, appoints another survey to bee made by other hands, wherein he followes the rules prescribed by the law, and at length receives, examines, and allowes the latter survey.
Quere,—Whether the former survey made by the adventurers be good; or whether the latter doe not over rule it?
- The former is void, and the latter is good.
An adventurer, instead of 100 acres, taketh 120 by his owne said survey; not by any survey, either gross or exact, of the State.
Quere,—Whether he may purchase the overplus 20 acres at the rates and on the terms mentioned in the law, or whether the next adventurer bee to sitt downe thereuppon?
- He is an intruder, and not entituled to the indulgence for purchasing, as in cases where there was a mistake only uppon the estimate in a grosse survey.
In this case he is not well entituled to the hundred, but much less to the purchasing the overplus twenty acres; for it was his owne survey, not the publique officers, and his owne survey is disallowed, and therefore his possession to his hundred acres is questionable.
Whether the Act of Confirmation, 1656, doth att all comprehend the adventurers?
- Itt doth not, neither by the purport of itt, if it be well weighed, there being a sort of persons besides adventurers and souldiers to satisfie
