Seals of survey. ana; transcripts bond on due process of law, and ever afterward be debarred from receiving a contract for surveying public lands. 4 Stat. 493; 18 id. 19, 62; 19 id. 207, 221; R. S. 2233. SEC. 95. The official seals heretofore authorized to be proors-general of vided for the offices of the surveyors-general of Oregon, CalCalifornia, Oregon, and Louisi- ifornia, and Louisiana shall continue to be used; and any from records of. copy of or extract from the plats, field-notes, records, or other papers on file in those offices respectively, when authenticated by the seal and signature of the proper surveyorgeneral, shall be evidence in all cases in which the original would be evidence. Custody of offi by surveyor. 10 Stat. 245, 248; R. S. 2224, 2225. U. S. v. Delespine's Heirs et al., 12 Pet. 654; U. S. r. Wiggins, 14 id. 334; Hedrick v. Hughes, 15 Wall. 123. Hensley v. Tarpey, 7 Cal. 288; Lawrence v. Grout, 12 La. Ann. 835. SEC. 96. All official books, papers, instruments of writing, cial papers, &c., documents, archives, official seals, stamps, or dies which general of Cali- have been heretofore authorized by law to be collected and deposited in the office of the surveyor-general of California shall be safely and securely kept by such surveyor-general in the archives of his office. fornia. Clerk hire, office 11 Stat. 289; R. S. 2229. SEC. 97. There shall be allowed for clerk hire, office rent, rent, &c., to sur- fuel, books, stationery, and other incidental expenses of the veyors general. several offices of surveyors-general such sums as may be appropriated for such purposes by Congress from year to year. R. S. 2226, 2227. Duties of regis performed by sur SEC. 98. The President is authorized, in any case where ter and receiver he thinks the public interest may require it, to transfer the veyor-general. duties of register and receiver in any district to the surveyor general of the surveying district in which such land district is located. Rules of survey. 12 Stat. 410; R. S. 2228. SEC. 99. The public lands shall be divided by north and south lines run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of an Indian reservation, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers, may render this impracticable; and in that case this rule must be departed from no further than such particular circumstances require. McKinney v. McKinney, 8 Ohio, 423; Hamil v. Carr, 21 Ohio St. 258. Decision Sec. Int., Jan. 28, 1880. Cir. G. L. O., June 26, 1880. Second. The corners of the townships must be marked with progressive numbers from the beginning, each distance of a mile between such corners must be also distinctly marked with marks different from those of the corners. Third. The township shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines at the end of every two miles; and by making a corner on each of such lines, at the end of every mile. The sections shall be numbered, respectively, beginning with the number one in the northeast section and proceeding west and east alternately through the township with progressive numbers till the thirty-six be completed. Grogan v. Knight, 27. Cal. 516. Decision Sec. Int., April 14, 1879. Fourth. The deputy surveyors, respectively, shall cause to be marked on a tree near each corner established in the manner described, and within the section, the number of such section, and over it the number of the township within which such section may be; and the deputy surveyors shall carefully note, in their respective field-books, the names of the corner-trees marked and the numbers so made. Cir. G. L. O., June 26, 1880. Fifth. Where the exterior lines of the townships which may be subdivided into sections or half-sections exceed, or do not extend six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western and northern ranges of sections or half-sections in such townships, according as the error may be in running the lines from east to west, or from north to south; the sections and half-sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity expressed in the returns and plats respectively, and all others as containing the complete legal quantity. Knight v. Elliott, 57 Mo. 317; Vaughn v. Tate, 64 id. 491; Waters r. Commons, 2 Port. (Ala.) 38; Lewen v. Smith, 7 id. 428. Decision Sec. Int., April 14, 1879. Cir. G. L. O., June 26, 1880. Sixth. All lines shall be plainly marked upon trees, and measured with chains, containing two perches of sixteen and one half feet each, subdivided into twenty-five equal links; and the chain shall be adjusted to a standard to be kept for that purpose. Bradley v. Taylor, 5 Cranch, 191; McIvers r. Walker, 9 id. 173; Shipp Seventh. Every surveyor shall note in his field-book the true situations of all mines, salt licks, salt springs, and mill-seats which come to his knowledge; all water courses over which the line he runs may pass; and also the quality of the lands. Newsom v. Pryor's Lessee, 7 Wheat. 7; Preston v. Bowman, 6 id. 580; Patterson v. Jenks, 2 Pet. 216. Eighth. These field-books shall be returned to the surveyor-general, who shall cause therefrom a description of the whole lands surveyed to be made out and transmitted to the officers who may superintend the sales. He shall also cause a fair plat to be made of the townships and fractional parts of townships contained in the lands describing the subdivisions thereof and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; and a copy thereof shall be kept open at the surveyor-general's office for public information, and other copies shall be sent to the places of the sale and to the General Land Office. 1 Stat. 465; 2 id. 73; 19 id. 34; R. S. 2395. Taylor et al. v. Brown, Boundaries and 5 Cranch, 234; Barnard v. Ashley, 18 How. 43; Water and Mining Co. v. Bugbee, 6 Otto, 165. Rector v. Gaines, 19 Ark. 70; Lewen v. Smith, 7 Port. (Ala.) 428; Mott v. Smith, 16 Cal. 534; Hamil r. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; McClintock v. Rodgers, 11 Ills. 279. Decision Sec. Int., Jan. 15, 1878. Decision Com. G. L. O., April 17, 1879. SEC. 100. The boundaries and contents of the several contents of pub-sections, half-sections, and quarter-sections of the public lands shall be ascertained in conformity with the following principles: lic lands, how ascertained. First. All the corners marked in the surveys, returned by the surveyor-general, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half and quarter sections, not marked on the surveys, shall be placed as nearly as possible equidistant from two corners which stand on the same line. Second. The boundary lines, actually run and marked in the surveys returned by the surveyor-general, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines, as returned, shall be held and considered as the true length thereof. And the boundary lines which have not been actually run and marked shall be ascertained by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships where no such opposite corresponding corners have been or can be fixed, the boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the water-course, Indian boundary line, or other external boundary of such fractional township. Mott . Smith, 16 Cal. 534; Guin v. Brandon, 29 Ohio St. 656; McClintock v. Rodgers, 11 Ills. 279; Goodman v. Myrick, 5 Oreg. 65. Cir. G. L. O., June 26, 1880. Third. Each section or subdivision of section, the contents whereof have been returned by the surveyor-general, shall be held and considered as containing the exact quantity expressed in such return; and the half-sections and quarter-sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half or the one-fourth part, respectively, of the returned contents of the section of which they may make part. 2 Stat. 313; R. S. 2396. Lindsey v. Hawes, 2 Black, 554; U. S. v. Pacheco, 2 Wall. 587; Railway Co. r. Schurmier, 7 id. 272; County of Saint Clair v. Livingston, 23 id. 46; Heidekoper v. Brooms, 1 Wash. C. C. 109; Coon v. Pen, 1 Pet. C. C. 496. 2 Op. Att. Gen. 578. Knight . Elliott, 57 Mo. 317; Vaughn r. Tate, 64 id. 491; Waters . Commons, 2 Port. (Ala.) 38; Lewen r. Smith, 7 id. 428; Billingsly e. Bates, 30 Ala. 376; Doe r. Hildreth, 2 Ind. 274; Grogan v. Knight, 27 Cal. 516. Decision Com. G. L. O., May 17, 1875. Cir. G. L. O., June 26, 1880. SEC. 101. In every case of the division of a quarter-secion of half quar- tion the line for the division thereof shall run north and ter-sections, how south, and the corners and contents of half quarter-sections which may thereafter be sold shall be ascertained in the manner and on the principles directed and prescribed by the section preceding, and fractional sections containing Lines of divis run. one hundred and sixty acres or upwards shall in like manner, as nearly as practicable, be subdivided into half quarter-sections, under such rules and regulations as may be prescribed by the Secretary of the Interior, and in every case of a division of a half quarter-section, the line for the division thereof shall run east and west, and the corners and contents of quarter quarter-sections, which may thereafter be sold, shall be ascertained, as nearly as may be, in the manner and on the principles directed and prescribed by the section preceding; and fractional sections containing fewer or more than one hundred and sixty acres shall in like manner, as nearly as may be practicable, be subdivided into quarter quarter-sections, under such rules and regulations as may be prescribed by the Secretary of the Interior. Variance in on rivers, &c. 3 Stat. 566; 4 id. 503; R. S. 2397. Gazzam v. Phillips' Lessee, 20 How. 372; Railway Co. v. Schurmier, 7 Wall. 272. Buel v. Tuley, 4 McLean, C, C. 268. Wharton v. Littlefield, 30 Ala. 245. 3 Op. Att. Gen. 281, 284. Decision Sec. Int., April 14, 1879. Decision Com. G. L. O., May 17, 1875. Cir. G. L. O., June 26, 1880. SEC. 102. Whenever, in the opinion of the President, a departure from the ordinary method of surveying land on shape of surveys any river, lake, bayou, or water-course would promote the public interest, he may direct the surveyor-general, in whose district such land is situated, and where the change is intended to be made, to cause the lands thus situated to be surveyed in tracts of two acres in width, fronting on any river, bayou, lake, or water-course, and running back the depth of forty acres; which tracts of land so surveyed shall be offered for sale entire, instead of in half quarter-sections, and in the usual manner, and on the same terms in all respects as the other public lands of the United States. 4 Stat. 34; R. S. 2407. SEC. 103. In extending the surveys of the public lands in Variance from the State of Nevada, the Secretary of the Interior may vary divisions in Norectangular subthe lines of the subdivisions from a rectangular form, to suit vada. the circumstances of the country. Oregon Cali 14 Stat. 86; R. S. 2408. Heydenfeldt v. Mining Co., 3 Otto, 634. SEC. 104. The Secretary of the Interior, if he deems it Geodetic methadvisable, is authorized to continue the surveys in Oregon od of survey in and California, to be made after what is known as the fornia. geodetic method, under such regulations and upon such terms as have been or may hereafter be prescribed by the Commissioner of the General Land Office; but none other than township lines shall be run where the land is unfit for cultivation; nor shall any deputy surveyor charge for any line except such as may be actually run and marked or for any line not necessary to be run. 9 Stat. 496; 10 id. 245; R. S. 2409. veys in Califor SEC. 105. Whenever, in the opinion of the Secretary of Departure from the Interior, a departure from the rectangular mode of sur rectangular surveying and subdividing the public lands in California would nia. promote the public interests, he may direct such change to be made in the mode of surveying and designating such lands as he deems proper, with reference to the existence of mountains, mineral deposits, and the advantages derived Extension of public lands. from timber and water privileges; but such lands shall not be surveyed into less than one hundred and sixty acres or subdivided into less than forty acres. 10 Stat. 245; R. S. 2410. Cir. G. L. O., June 26, 1880. SEC. 106. The public surveys shall extend over all mineral surveys lands, and all subdividing of surveyed lands into lots less than one hundred and sixty acres may be done by county and local surveyors at the expense of claimants; but nothing in this section contained shall require the survey of waste or useless lands. What instruc part of contract. 10 Stat. 15, 21; 16 id. 218; R. S. 2406. SEC. 107. The printed manual of instructions relating to tions to bedeemed the public surveys, prepared at the General Land Office, and bearing date February twenty-second, eighteen hundred and fifty-five, the instructions of the Commissioner of the General Land Office, and the special instructions of the surveyor-general, when not in conflict with such printed manual or the instructions of the Commissioner, shall be taken and deemed to be a part of every contract for surveying the public lands. Subdivision of placer claims. Deputies to sur Commissioner to fix prices. 12 Stat. 409; R. S. 2399. Cir. G. L. O., June 26, 1880. SEC. 108. Legal subdivisions of forty acres of placer lands may be subdivided into ten-acre lots. 16 Stat. 217; R. S. 2330. SEC. 109. The surveyor-general of the United States vey mining claims may appoint in each land district containing mineral lands and power of as many competent surveyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land Office shall have power to establish the maximum charges for such surveys; and to the end that he may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for surveys, which statement shall be transmitted to the Commissioner of the General Land Office. Surveyor-gen eral to make plat 17 Stat. 95; 19 id. 52; R. S. 2334. Decision Com. G. L. O., April 20, 1877. SEC. 110. The surveyor-general of the United States shall and field-notes of prepare or cause to be prepared a plat and field-notes of mining surveys, all mining surveys made by authority of law, which shall and to give certificate of im- show accurately the boundaries of such claims; and, when provements, &c. warranted by the facts, he shall give to the claimant his certificate that five hundred dollars' worth of labor has been expended or improvements made upon the claim by the claimant or his grantors, and that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. 17 Stat. 92; R. S. 2325. |