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run a true line from the section line on the boundary back to No. 4, from which the random started. The permanent quarter section corner must be established on the true line at a point equidistant from the two section corners, according to the requirements of law, and the temporary post on the random should be pulled up.
From No. 4 proceed due north between sections 25 and 26, as before, to No. 5, where establish corner to sections 23, 24, 25, and 26; thence east on a random line to No. 6, correcting back, as before directed, to No. 7.
Proceed in this manner to survey the lines of the first tier of sections up to No. 16, which is the corner to sections 1, 2, 11, and 12. From this corner run due north on a random between sections 1 and 2 to No. 17, the north boundary of the township. If the random does not close exactly on the section corner pre-established, the distance of the intersection from said corner must be measured and noted, and a course calculated that will run a true line south to No. 16, from which the random started, the same as randoms east, except that the permanent quarter section corner must be planted exactly forty chains from the interior section corner (No. 16), thereby throwing the excess or deficiency in measurement on the last half mile, according to law.
When the township boundary is a base line or standard parallel, no random is required, but a true line must be run due north, establishing the permanent quarter section corner at just 40 chains, and at the point of intersection with said parallel or base line erect a "closing corner," carefully measuring and noting the distance to the corresponding "standard corner."
The first tier of sections being thus completed, the deputy will return to No. 18 on the south boundary, and proceed in the same manner to survey the second tier, closing on the interior section corners just established, the same as he did upon those on the east boundary of the township.
In surveying the fifth section line between the fifth and sixth tiers of sections, not only an east random is run between the sections, but a random must also be run due west to the range line, and corrected back the same as between the sections in the first tier, except that the permanent quarter section corner must be established exactly forty chains from the interior section corner, as required on the north boundary, throwing the excess or deficiency of measurement upon the last half mile or outside quarter section.
With his instructions for making subdivisional surveys, the Surveyor-General will furuish the deputy with a diagram of the exterior lines of the townships he is to subdivide, on a scale of two inches to the mile, upon which are laid down the measurements of each mile on said boundaries, the magnetic variations of each mile and the particular description of each corner, the letters "P. M." being used to signify "post in mound."
On this diagram the subdividing deputy will make appropriate sketches of the various objects of topography as they occur on his lines, showing not only the points at which they occur, but also the direction and position of each between the lines, so that the objects will be complete and properly connected in the showing.
The perambulations of the deputy surveyor in subdividing a township are fully shown by Diagram B, and the mode and order described are to be followed in all
LAWS, REGULATIONS, AND INSTRUCTIONS RELATING TO DEPUTY SURVEYORS.
The public lands are surveyed by deputy surveyors under contracts made with the Surveyors-General in the respective surveying districts.
The first section of the act of May 30th, 1862, provides
that contracts for surveying the public lands shall not become binding upon the United States until approved by the Commissioner of the General Land Office, except in such cases as the Commissioner shall otherwise especially order; but it should be distinctly understood that the General Land Office does not assume to dictate to whom surveying contracts shall be let, nor to exercise any control whatever in the matter, so long as they are let to competent and faithful men. The giving out of these contracts is left entirely with the Surveyors-General, and to them alone should applications for employment as government surveyors be made.
The position of deputy surveyor is open to all competent surveyors from any part of the United States who are loyal men. They must be men of integrity and well skilled in their profession, and the department will not knowingly approve a contract made with any party who does not possess these qualifications.
To United States deputy surveyors is intrusted the duty of establishing permanent boundaries of the public lands, and it is of the highest importance that their work be accurately and faithfully performed. The surveys are usually carried forward in advance of settlement, and are frequently prosecuted in remote sections of the country, far away from any inhabitants; but although thus removed from the observant eye of the government, the honest deputy will feel none the less his obligations to execute his work with the strictest fidelity.
Bad surveying and unfaithfulness in the erection and marking of corners are sure to be exposed sooner or later, and when they are detected the reputation of the deputy is gone forever, and he is liable to punishment for perjury and fraud.
The responsibility under which deputy surveyors act is defined by the second section of an act of Congress, approved Aug. 8th, 1846, entitled "An act to equalize the
compensation of the Surveyors-General of the public lands of the United States, and for other purposes," as follows:
"SECT. 2. That the Surveyors-General of the public lands of the United States, in addition to the oath now authorized by law to be administered to deputies on their appointment to office, shall require each of their deputies, on the return of his surveys, to take and subscribe an oath or affirmation that those surveys have been faithfully and correctly executed according to law and the instructions of the Surveyor-General; and on satisfactory evidence being presented to any court of competent jurisdiction, that such surveys, or any part thereof, had not been thus executed, the deputy making such false oath or affirmation shall be deemed guilty of perjury, and shall suffer all the pains and penalties attached to that offense; and the District Attorney of the United States for the time being, in whose district any such false, erroneous, or fraudulent surveys shall have been executed, shall, upon the application of the proper Surveyor General, immediately institute suit upon the bond of such deputy; and the institution of such suit shall act as a lien upon any property owned or held by such deputy, or his sureties, at the time such suit was instituted."
Every consideration of duty and of interest prompts the deputy to faithfulness and fidelity in the execution of the work confided to him. The loss of honor and of a good name, a loss which can never be regained in the public service, are the forfeit of a failure in this regard, and the history of all past experience in this branch of the public service demonstrates that those deputies and only those who have thus shown themselves worthy recipients of public trusts, have ever been successful or prosperous.
CONTRACT AND BOND.
Before entering upon the survey, the deputy is required to execute a contract and bond with the Surveyor-General in the following form, to wit:
This Agreement, made this (twenty-fourth) day of (May), 1867, between (Solomon Sharp), Surveyor-General of the United States for (the Territory of Idaho), acting for and in behalf of the United States, of the one part, and (Peter Traverse), deputy surveyor, of the other part, WITNESSETH, That the said (Peter Traverse), for and in consideration of the conditions, terms, provisions, and covenants hereinafter expressed, and according to the true intent and meaning thereof, doth hereby covenant and agree with the said (Solomon Sharp), in his capacity aforesaid, that (he) the said (Peter Traverse) in (his) own proper person, with the
assistance of such chainmen, axmen, and flagbearers as may be necessary, agreeably with the laws of the United States, and in strict conformity with the printed Pamphlet and Manual of Surveying Instructions, issued by the General Land Office, which are hereby incorporated with and made a part of this contract, and with such special instructions as (he) may receive from the Surveyor-General in conformity therewith, will well, truly, and faithfully (survey the exterior lines of the following described Townships, to wit: Townships 2, 3, 4, and 5 N. Ranges 6, 7, and 8. E. of the Meridian, in the Territory of Idaho), and that (he) will complete these surveys in the manner aforesaid, and return the true and original field notes thereof to the office of the said SurveyorGeneral on or before the (twentieth) day of (November) next ensuing the date hereof,-acts of God excepted,-on penalty of forfeiture, and paying to the United States the sum mentioned in the annexed bond, if default be made in any of the foregoing conditions. And it is further expressly stipulated and made a condition of this contract, that the surveys herein described shall not be commenced before the first day of the fiscal year ending the 30th day of June, 1868.
And the said (Solomon Sharp) in his capacity aforesaid, covenants and agrees with the said (Peter Traverse) on account of the United States, that there shall be paid him by the Treasury Department, upon the receipt of (his) account at the General Land Office, properly certified by said (Solomon Sharp) in his capacity aforesaid, and accompanied by the approved plats of the surveys for which the account is rendered, as a full compensation for the whole expense of surveying and making return thereof (eight dollars) per mile, for every mile and part of mile actually run and marked in the field, offsets and random lines not included.
And it is further understood and agreed, between the parties to this agreement, that the said surveys will not be approved by the said (Solomon Sharp) in his capacity aforesaid, unless they shall be found to be in exact accordance with the requirements in the printed Pamphlet and Manual of Surveying Instructions: Provided also, No member of Congress or subcontractor shall have any part in this contract, and that no payment shall be made for any surveys not executed by the said deputy surveyor in (his) own proper person.
IN TESTIMONY WHEREOF, The parties to these articles of agreement have hereunto set their hands and seals the day and year first above written.
SOLOMON SHARP, Surveyor-General. [L. S.]
Signed, sealed, and acknowledged
I, Peter Traverse, deputy surveyor, do solemnly swear (or affirm), that I will faithfully and impartially execute the surveys mentioned in the foregoing contract to the best of (my) skill and ability.
PETER TRAVERSE, Deputy Surveyor.
Sworn to and subscribed before me, at (Golden City), in the (Territory of Idaho), this (24th day of May), 1867.
WALTER CARROLL, Notary Public.