Page:Hempstead's Reports.pdf/385

360   By establishing the Winter family on any portion of the lands granted, the condition of the grant as to occupancy was fulfilled, according to the usages then in force; but occupancy was not indispensable, if the lands were set apart for him after being granted to him; they were severed from the domain and became his private property, and we prove that performance of specified conditions was not usual nor required.

Customs established control the general laws on subjects to which they relate, and which they embrace.

It is proved that there was no surveyor in Arkansas to 1802, which fact must have been known to the governor, and therefore his order required only the establishment of boundaries or beginning points for the surveys; and for the like reason, the custom, as proven, that lands were in that mode assigned to individuals, and they put in possession under and by such designation or establishment of boundary, is not only shown to have existed, but it existed of necessity.

Where lands are occupied under a grant, a survey may be presumed. 15 Pet. 283.

A copy of a deed required to be enrolled is as good evidence as the original. Dick et al. v. Balch et al. 8 Pet. 33; Jackson v. Cole, 4 Cowen, 587; Jackson v. King, 5 Ib. 237; Peck v. Farrington, 9 Wend. 44.

Entries of surveys made in his office by registers of landoffice in Kentucky or Virginia are evidence of the facts, are public records, and it is not to be presumed that he would place on his records any thing not authorized; and facts proved by such records must be received as primâ facie evidence. Galt et al. v. Galloway et al. 4 Pet. 342, 343. So, we insist, the rule is as to matters recorded by the recorder of land titles, who is a sworn officer, and those received and deposited as records or archives by the Spanish surveyor-general, from both of which officers we have authenticated copies of the figurative plots of Winter's survey or grant of lands, as also a sworn copy from the present depositary and keeper of the latter. Williams v. Slieldon, 10 Wend. 654; The People v. Dennison, 17 Ib. 312.

A copy of an award recorded in a county, which is afterwards divided, of lands situated in the new county, is properly