( 115 )
lands, to be surveyed by the said Doctor, according to the nature or tenure of the said agreement.
7thly. To correct and amend whatsoever complaint shall bee made against the said survey, provided the said complaint bee exhibited within twelve-monethes after subdivision is made and possession given; provided alsoe the said Doctor have three moneths time given for the correcting or rectifyeing the said error after the said complaint is exhibited.
18° Aug. 1656.
In answer to which report there was presented the following papers:
As to Defalcations for such Lands as have been actually admeasured, although they were not found either in Abstract or Civill Survey,
I humbly answer:
1st. That unless the civill survey should say that the lands for which payment is demanded are not forfeited, there can be noe ground for any such retrenchment, fforasmuch as such lands are either members of the forfeited lands named in the abstracts, or else concealed lands which are certainly to be looked uppon as forfeited, for otherwise what reason should there bee for their concealement? and therefore they ought to be paid for as forfeited; and if it be said that those unvouched lands may be members of unforfeited, then I say that even in this case I ought not to bee retrenched untill the same shall authentically appeare.
2dly. When those unvouched lands shall appeare to bee obscure members of unforfeited lands never named in the civill survey, it was safer to presume that such omitted denominations were rather forfeited and concealed then otherwise, and it was better to pay for the measure of them then wholly to want the knowledge and cognizance of any case wherein the State may have a right of a thousand times more value then that litle charge of the measure. Moreover, if it were fitt that the surveyor should loose his gaines uppon such worke, yet certainely to loose the principles of his charge and labour thereuppon would bee very hard, or to bee punished for that which more properly deserves a reward.
3dly. But supposing those lands were by name sett downe in the civill survey for unforfeited, but not mentioned in the abstracts, the cause of this inocent overacting is rather a defect in the abstract, since such mention might have been
