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therefore, that resort should first be had to the marks in the field. The surveyor should first seek to identify the missing corner on the ground, by the aid of the bearing trees or witness mounds, line trees, etc., described in the original field notes. When two or more witness trees or mounds can be found, they afford the best means for restoring a missing corner to its original position that can be had. If the corner cannot be identified in this manner, clear and unquestionable testimony as to the locality it originally occupied should be taken, if such testimony be obtainable.
After all the rules and instructions that can be given for re-establishing obliterated public surveys, much will depend upon the skill, fidelity, and good judgment of the surveyor for the correct performance of the work. The most difficult point in laying down instructions, and one on which something must be left to the good judgment of the surveyor, is in regard to what shall be considered sufficient evidence in these cases. A definite rule can no more be prescribed in this respect concerning surveying, than a law could be enacted defining just how strong the testimony in a given case should be to satisfy the mind of a justice or juryman. The sound judgment of a competent surveyor in this matter will seldom lead him into
In retracing lines it frequently happens that the measurements do not agree with those stated in the government field notes. This discrepancy generally arises from a difference in the length of the respective chains used, or a want of proper care in straightening and leveling the chain, or in sticking the pins, on the part of one set of chainmen or the other, but is sometimes owing to an error in tallying committed by the government chainman. When these differences in measurement occur, the county
surveyor must in all cases establish his corners at intervals PROPORTIONATE to those given in the government field notes. This rule must be observed even if the original interval be one or more tallies too many or too few.
EXTINCT INTERIOR SECTION CORNERS.
To restore a missing section corner in the interior of the
Run a right line between the nearest noted station trees or well-defined corners, north-and-south and east-andwest of the lost corner; and at the point of intersection of the lines thus run, plant the section corner, with new bearings and distances from it to the nearest durable objects.*
EXTINCT SECTION CORNERS ON TOWNSHIP LINES.
1. When the corner on a township line is common to four sections. In this case the corner is common to two sections in one township and two in another, and should be restored in accordance with the directions for re-establishing interior section corners.
2. Where double section corners were originally established, one of which is still standing and it is required to restore the other. It will be borne in mind that the corners established when the exterior lines were run, belong to the sections in the township north and west of those lines respectively. It must therefore first be determined beyond a reasonable doubt to which sections the existing corner belongs. By testing the courses and distances to witness trees recorded in the field notes, and remeasuring given distances from known corners, the surveyor will be enabled to decide this question correctly.
Having ascertained to which township the existing
* But the proportional distance E. N W. and S. must be preserved.
corner belongs, the missing corresponding corner of the section in the opposite township may be re-established in line, north or south of the existing corner, as the case may be, at the distance stated in the field notes.
This mode is considered preferable to that of retracing the section line, because these double corners are not usually more than one or two chains apart, and this distance can be measured with greater accuracy than the section line could be re-run.
[NOTE. The surveyor should not, however, content himself with simply chaining the distance between the double corners, but should in all cases test his work by coursing on trial lines and by chaining to known corners. It may be remarked here, and the remark applies to all cases of rechaining referred to in these instructions, that the chain used should be carefully compared with that used by the United States deputy surveyor, by rechaining stated distances between noted objects or corners in the original survey, and where it is found to be either longer or shorter than the chain originally employed, allowance must be made therefor, keeping in mind that all distances in the resurvey must be made proportional to those of the original measurements.]
This note is to be taken in connection with, and considered a part of, the instructions which follow for restoring extinct corners.
3. Where both corners are missing, and it is required to restore the one established when the township line was run.
Run a straight line between the nearest noted station trees or corners north and south, or east and west, as the case may be, and plant the missing corner at the point in such line indicated by the distances from said trees or corners given in the field notes. The measurements of the survey of the exterior lines should govern, and if the chaining of the surveyor does not agree with the original measurements, the difference should be divided
proportionally between the respective distances remeasured, as directed in the preceding note.
The restored corner will be common to two sections either north or west of the township boundary; and the section line north or west, as the case may be, from said corner should also be retraced, to test the accuracy of the result.
4. Where both corners are missing, and it is required to restore the one established when the township was subdivided. Retrace the section line which closed on the missing corner, and plant the section post at the intersection with the township boundary line. Test the result by measuring the distances to noted objects on the township line, and comparing the measurements with those given in the original field notes. The restored corner will, of course, be common to two sections south or east of the township line.
5. When triple corners have been established on range lines, one or two of which have become obliterated, and it is required to restore either of them.
It will be remembered that only two of these corners are actual corners of sections, those established when the range line was run not corresponding with the boundaries. of the sections either east or west of said line. The surveyor will, therefore, first proceed to identify the existing corner or corners, and then plant the missing corner in line north or south of them, according to the distances stated in the original field notes, and test the correctness of the result as heretofore directed.
If the distances between the triple corners are not stated in the field notes, the required corner must be restored by retracing the section line closing on said corner, as directed in the case of double corners similarly situated.
6. Where triple corners have been established, all of which are
The required corner should be restored in accordance with the instructions for re-establishing extinct double corners similarly situated: i.e. by retracing the section line which closed on the missing corner, either east or west. The range line should also be rechained north and south to the nearest corner, to make sure the correctness of the result.
EXTINCT QUARTER SECTION CORNERS.
Quarter section corners, except those on section lines which close on the north or west boundaries of townships, are required to be established equidistant between the section corners; it is an easy matter, therefore, to restore such of them as may become extinct, if the true section corners be known.
1. To restore lost quarter section corners on a township boundary.
Only one set of quarter section corners are actually marked in the field on township lines, and they are established when the exteriors are run. When there are double section corners, the quarter posts are considered as standing midway between the corners of their respective sections, and when required to be marked in the field, should be so placed. This is also true in regard to triple corners; but great care must be taken not to mistake the corner of one section for that of another.
2. Quarter section corners on section lines which close on the north and west township boundaries.
These corners must be re-established according to the original measurement, at forty chains from the last interior section corner. If the measurements do not coincide with the original survey, the excess or deficiency must be