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. 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. (R. S. 2393.) quarter sections, how run. SEC. 101. In every case of the division of a quarter-section the line for the division thereof shall run north and south, and the corners and contents of Lines of division of half- 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 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. (R. S. 2397.) veys on rivers, &c. SEC. 102. Whenever, in the opinion of the President, a departure from the ordinary method of surveying land on any river, lake, bayou, or water-courseVariance in shape of sur 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. (R. S. 2407.), SEC. 106. The public surveys shall extend over all mineral 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. (R. S. 2406.) Extension of public sur veys over mineral lands. SEC. 107. The printed manual of instructions relating to the public surveys, prepared at the General Land Office, and bearing date February twentyWhat instructions to be second, eighteen hundred and fifty-five, the instructions of the deemed part of contract. 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. (R. S. 2399.) SEC. 111. Contracts for the survey of the public lands shall not become binding upon the United States until approved by the Commissioner of the GenContracts for surveys of eral Land Office, except in such cases as the Commissioner may otherwise specially order. (R. S. 2398.) public lands, when binding. Price of surveys, how es SEC. 112. The Commissioner of the General Land Office has power, and it shall be his duty to fix the prices per mile for public surveys, which shall in tablished; cost of survey. no case exceed the maximum established by law; and, under ining private claims and rail- structions to be prepared by the Commissioner, an accurate account road grants to be refunded. shall be kept by each surveyor-general of the cost of surveying and plotting private land claims, to be reported to the General Land Office, with the map of such claim; and patents shall not issue for any such private claim, nor shall any copy of such survey be furnished, until the cost of survey and platting has been paid into the Treasury by the claimant or other party; and before any land. granted to any railroad company by the United States shall be conveyed to such company or any persons entitled thereto, under any of the acts incorporating or relating to said company, unless such company is exempted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same by the said company or persons in inter-est. (R. S. 2400.) SEC. 115. When the settlers in any township, not mineral or reserved by government, desire a survey made of the same, under the authority of the sur- When survey may be had veyor-general, and file an application therefor in writing and de- by settlers in township. posit in a proper United States depository to the credit of the United States, a sum sufficient to pay for such survey, together with all expenses incident thereto, without cost or claim for indemnity on the United States, it may be lawful for the surveyorgeneral, under such instructions as may be given him by the Commissioner of the General Land Office, and in accordance with law, to survey such township and make return thereof to the general and proper local land office, provided the township so proposed to be surveyed is within the range of the regular progress of the public surveys embraced by existing standard lines or bases for the township and subdivisional surveys. (R. S. 2401.) SEC. 116. The deposit of money in a proper United States depository, under the provisions of the preceding section, shall be deemed an appropriation of the sums so deposited for the objects contemplated by that section and the Secretary of the Treasury is authorized to cause the sums so priation, &c. deposited to be placed to the credit of the proper appropriations for Deposit for expenses of surveys deemed an appro the surveying service; but any excesses in such sums over and above the actual cost of the surveys, comprising all expenses incident thereto, for which they were severally deposited, shall be repaid to the depositors respectively. (R. S. 2402.) SEC. 117. Where settlers make deposits in accordance with the provisions of section one hundred and fifteen, the amount so deposited shall go in part payment for their lands situated in the townships, the surveying of which is paid for out of such deposits; or the certificates issued for such de- of lands, and are assignable. posits may be assigned by indorsement and be received in payment Settlers' deposits for surveys to go in part payment for any public lands of the United States entered by settlers under the pre-emption and homestead laws of the United States, and not otherwise. (R. S. 2403.) SEC. 118. Each surveyor-general, when thereunto duly authorized by law, shall cause all confirmed private land claims within his district to be accurately vey private land claims surveyed, and shall transmit plats and field-notes thereof to the Surveyors-general to sur Commissioner of the General Land Office for his approval. When when confirmed, &c. publication of such surveys is authorized by law, the proof thereof, together with any objections properly filed, and all evidence submitted either in support of or in opposition to the approval of any such survey, shall also be transmitted to said Commissioner. (R. S. 2447.) Penalty for interrupting surveys. SEC. 120. Every person who in any manner, by threat or force, interrupts, hinders, or prevents the surveying of the public lands, or of any private land claim which has or may be confirmed by the United States, by the persons authorized to survey the same, in conformity with the instructions of the Commissioner of the General Land Office, shall be fined not less than fifty dollars, nor more than three thousand dollars, and be imprisoned not less than one nor more than three years. (R. S. 2412.) SEC. 121. Whenever the President is satisfied that forcible opposition has been offered, or is likely to be offered, to any surveyor or deputy surveyor Protection of surveyor in the discharge of his duties in surveying the public lands, it may by marshal of district. be lawful for the President to order the marshal of the State or dis trict, by himself or deputy, to attend such surveyor or deputy surveyor with sufficient force to protect such officer in the execution of his duty, and to remove force should any be offered. (R. S. 2413.). SEC. 122. The President is authorized to appoint surveyors of public lands, who shall explore such vacant and unappropriated lands of the United serve for use of the Navy. States as produce the live-oak and red-cedar timbers, and shall se- Surveyors to explore and lect such tracts or portions thereof, where the principal growth is of select timber lands to reeither of such timbers, as in the judgment of the Secretary of the Navy may be necessary to furnish for the Navy a sufficient supply of the same. surveyors shall report to the President the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or water-courses. (R. S. 2459.) Such APPOINTMENT OF DEPUTY SURVEYORS. Sec. 2223 U. S. Revised Statutes provides that "Every surveyor-general shall engage a sufficient number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instructions of the General Land Office, and to remove them for negligence or misconduct in office." Each surveyor-general should exercise great care in the appointment of deputy surveyors, and should thoroughly satisfy himself, before making such appointments, that the applicants possess the proper theoretical and practical qualifications, as well as to their moral standing and fitness for the important trusts to be confided to them. Commissions will be issued to deputy surveyors as follows: The United States of America. FORM OF COMMISSION. To all to whom these presents shall come, greeting: Know ye, that, reposing special trust and confidence in the integrity, ability, and discretion of I do appoint him to be deputy surveyor of the United States for the district of and do authorize and empower him to execute and fullfil the duties of that office according to law, and to hold the said office with all the rights and emoluments thereunto legally appertaining to him, the said during the pleasure of the surveyor-general of the United States for the district of for the time being. In testimony whereof I have hereunto affixed my signature. day of United States Surveyor General for The deputy surveyor will acknowledge in writing to the surveyorgeneral the receipt of such commission, stating in such letter that he accepts the same. He must also transmit, with such letter, his official oath, duly subscribed and sworn to, as follows: Oath prescribed to be taken by all persons in the public service, by act of Congress approved July 2, 1862. I, do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States hostile or inimical thereto. And I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. A full record of all commissions issued, together with letters of acceptance and official oaths must be carefully filed in the office of the surveyor-general. Thereafter the deputy surveyor will execute in duplicate, and forward to the surveyor-general, his official bond (one copy of which will be forwarded by the surveyor-general to the Commissioner of the General Land Office), in accordance with the following form: of as sureties, are held and firmly bound unto the United States of America, in the sum of thousand dollars, lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, and each and every one of us and them, jointly and severally, firmly by these presents. Singed with our hand and sealed with our seals this day of, 18—. The condition of the above obligation is such that if the above bounden during the time for which his appointment as deputy surveyor, under surveyor general of the United States for -, may continue, shall well, truly, and faithfully, according to the laws of the United States, the printed manual of surveying instructions and other surveying instructions issued, or which may hereafter be issued, by the Commissioner of the General Land Office, and with such special instructions as he may receive from the surveyor general in conformity therewith, make and execute the surveys which are required of him to be made by each and every contract which has been or shall be entered into by him as such deputy surveyor, and return the true field-notes of the said surveys to the surveyor general in the manner and within the period named in the said contracts respectively, then this obligation to be void, or otherwise it shall remain in full force and virtue. Signed, sealed, and acknowledged before us : I, 88: one of the sureties on the official bond of States deputy surveyor for the district of --, dated the day of United 18-, do depose and say that I am worth, in unencumbered property, not exempt from execution under the laws of thousand dollars and upwards, after the sum of· payment of my just debts and liabilities. I, one of the sureties on the official bond of [SEAL.] United 18-, do States deputy surveyor for the district of ▬▬▬, dated the day of depose and say that I am worth, in unencumbered property, not exempt from execution under the laws of , the sum of thousand dollars and upwards, after payment of my just debts and liabilities. I, [SEAL.] United one of the sureties on the official bond of States deputy surveyor of the district of ―, dated the day of 18-, do depose and say that I am worth, in unencumbered property, not exempt from execution under the laws of · the sum of thousand dollars and upwards, after payment of my just debts and liabilities. P. O. address: Subscribed and sworn to before me this day of 18-. of [SEAL.] day of United one of the sureties on the official bond of States deputy surveyor for the district of, dated the 18-, do depose and say that I am worth, in unencumbered property, not exempt from execution under the laws of the sum of thousand dollars and upwards, after I, Certificate. hereby certify that, in my opinion, the sureties to the above bond are sufficient, and I hereby approve the same. U. S. Surveyor-General for 1. The bond must be dated the date it is signed by all the parties thereto. 2. The names of all the parties executing the bond and of the witnesses thereto must be written in full. 3. The affidavits of sureties must be made before some officer (preferably an officer of the United States) duly authorized to administer oaths. 4. The sufficiency of sureties must be certified to by the surveyor-general. 5. All erasures, mutilations, and interlineations must be avoided. 6. The amount of bond must be at least double the estimated amount that will be due to the deputy surveyor upon the completion of the first contract made under the same; and whenever the estimated amount that will be due the deputy surveyor on any contract or contracts under any bond shall equal one-half the sum named in such bond, subsequent contracts must be made under a new bond, e. g., the bond being for $30,000, and the deputy'surveyor having had three contracts of $5,000, each, under such bond, if a further contract is given him, he must execute a new bond to cover same and subsequent contracts. The deputy surveyor having been duly commissioned, and his letter of acceptance, oath of office, and official bond filed in the surveyor-general's office, contracts for surveys may then be entered into between the surveyor-general and such deputy surveyor, in accordance with the following form: FORM OF CONTRACT. day of This agreement, made this 18-, by and between surveyor-general of the United States foracting for and in behalf of the United States, of the one part, and deputy surveyor, of the other part, (a bond for the faithful performance of this and other contracts having been executed by the said deputy surveyor, as principal, and day of -, 18-,) witnesseth: as sureties, and dated the That the said 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 in his capacity aforesaid, that he, the said in his own proper person, with the assistance of such compassmen, chainmen, axmen, flag-bearers, and others, as may be necessary, in strict conformity with the laws of the United States, the printed manual of surveying instructions, and other surveying instructions issued by the Commissioner of the General Land Office, and with such special instructions as he may receive from the surveyor-general in conformity therewith (all of said instructions being hereby incorporated with and made a part of this contract), will well, truly, and faithfully survey, mark, and establish -, or such other lines of survey as he may be authorized to substitute for those named above, in accordance with instructions and subject to the approval of the surveyor-general and the Commissioner of the General Land Office, and that he will complete these surveys in the manner aforesaid, and return the true field-notes thereof to the office of the said surveyor-general, on or before the day of, 18-, on penalty of forfeiture and paying to the United States the sum of- dollars, lawful money of the United States (being double the estimated amount which would be due by the United States to the said upon the completion of the surveys named in this contract), 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 day of 18-, or before said shall have been officially notified by the surveyorgeneral of the approval of this contract by the Commissioner of the General Land Office. And the said with the said in his official capacity aforesaid, covenants and agrees that on the completion of the surveys above named, in manner aforesaid, there shall be paid to the said by the Treasury Department of the United States, as a full compensation for all work performed under this agreement, at the rate of dollars for base, standard, meridian, and meander lines, dollars for township lines, and dollars for section lines, except where the lines of survey pass over mountainous lands, or lands heavily timbered, or covered with dense undergrowth, and in such case at the rate of dollars for base, standard, meridian, and meander lines, - dollars for township lines, and dollars for section lines, per mile, for every mile and part of a mile actually run and marked in the field, random lines and offsets not included. |