Boundaries and contents of public lands, how ascertained.

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.

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 fieldbooks, the names of the corner trees marked and the numbers so made.

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.

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.

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.

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. (U. S. C., title 43, sec. 751.)

SEC. 2396, R. S. The boundaries and contents of the several sections, half sections, and quarter sections of the

public lands shall be ascertained in conformity with the following principles:

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 watercourse, 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. (U. S. C., title 43, sec. 752.)

tion, how run.

SEC. 2397, R. S. In every case of the division of a quar- Lines of division ter section the line for the division thereof shall run north of quarter secand 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 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 quar

Lines of surveys in Nevada.

Geodetic method

of survey in

fornia.

ter-quarter sections, under such rules and regulations as may be prescribed by the Secretary of the Interior. (U. S. C., title 43, sec. 753.)

SEC. 2408, R. S. In extending the surveys of the public lands in the State of Nevada, the Secretary of the Interior may vary the lines of the subdivisions from a rectangular form, to suit the circumstances of the country. (U. S. C., title 43, sec. 768.)

SEC. 2409, R. S. The Secretary of the Interior, if he Oregon and Cali- deems it advisable, is authorized to continue the surveys in Oregon and California, to be made after what is known as the 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. (U. S. C., title 43, sec. 769.)

Rectangular mode

SEC. 2410, R. S. Whenever, in the opinion of the Secof survey, when retary of the Interior, a departure from the rectangular may be departed mode of surveying and subdividing the public lands in California would 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 from timber and water privileges; but such lands shall not be surveyed into less than ane hundred and sixty acres, or subdivided into less than forty acres. (U. S. C., title 43, sec. 770.)

Standard lines
to be established

of Land Office.

Extract from the sundry civil appropriation Act, approved March 3, 1899 (30 Stat. 1074, 1097)

And provided further, That hereafter all standard, by Commissioner meander, township, and section lines of the public land surveys shall, as heretofore, be established under the direction and supervision of the Commissioner of the General Land Office, whether the lands to be surveyed are within or without reservations, except that where the exterior boundaries of public forest reservations are required to be coincident with standard, township, or section lines such boundaries may, if not previously established in the ordinary course of the public land surveys, be established and marked under the supervision of the Director of the United States Geological Survey whenever necessary to complete the survey of such exterior boundaries. (U. S. C., title 16, sec. 488.)

APPLICATION AND DEPOSIT FOR SURVEYS

surveys by set

lands, etc.

R. S., sec. 2401,

p. 440, amended.

SEC. 2401, R. S. [As amended by the Act of Aug. 20, Applications for 1894, 28 Stat. 423.]-When the settlers in any township tlers, grantees of not mineral or reserved by the Government, or persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof, or when the owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of the surveyor-general and shall file an application therefor in writing, and shall deposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey, together with all expenditures incident thereto, without cost or claim for indemnity on the United States, it shall be lawful for the surveyor-general, under such instructions as may be given him by the Commissioner of the General Land Office, and in accordance with law, to sur- Survey. vey such township or such public lands owned by said grantees of the Government, and make return therefor to the general and proper local land office: Provided, That Proviso. no application shall be granted unless the township so Condition. proposed to be surveyed is within the range of the regular progress of the public surveys embraced by existing standard lines or bases for township and subdivisional surveys. (U. S. C., title 43, sec. 759.)

Deposit for ex

priation.

SEC. 2402, R. S. The deposit of money in a proper penses of surveys United States depository, under the provisions of the deemed an appropreceding 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 deposited to be placed to the credit of the proper appropriations for the surveying service; but any excess 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. (U. S. C., title 43, sec. 760.)

Certificates of de

for purchases.

Bec. 2403

p. 441, amended.

SEC. 2403, R. S. [As amended by the Act of Aug. 20, posits by settlers, 1894, 28 Stat. 423.]-Where settlers or owners or grantees etc., receivable of public lands make deposits in accordance with the provisions of section twenty-four hundred and one, as hereby B. amended, certificates shall be issued for such deposits which may be used by settlers in part payment for the lands settled upon by them, the survey of which is paid for out of such deposits, or said certificates may be assigned by indorsement and may be received by the Govment in payment for any public lands of the United States in the States where the surveys were made, entered or to be entered under the laws thereof. (U. S. C., title 43, sec. 762.)

Surveyor-general

to appoint sur

claims, &c.

8., 95.

MINERAL SURVEYS

Cross reference: See "Repayments," p. 610.

6

SEC. 2334, R. S. The surveyor-general of the United veyors of mining States may appoint in each land district containing mineral lands as many competent surveyors as shall apply for May 10, 1872, 17, 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, together with the cost of publication of notices, 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 also have power to establish the maximum charges for surveys and publication of notices under this chapter; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Commissioner 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 publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be transmitted, with the other papers in the case, to the Commissioner of the General Land Office. (U. S. C., title 30, sec. 39.)

Geological surveys, extension of public surveys, expenses of subdividing.

Fund available to pay for office stationery.

SEC. 2406, R. S. There shall be no further geological survey by the Government, unless hereafter authorized by law. 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. (U. S. C., title 43, sec. 766.)

Extract from legislative appropriation Act, approved March 3, 1901 (31 Stat. 960, 1003)

Provided, That the stationery and drafting instruments hereafter purchased for exclusive use in the offices of the surveyors-general in the preparation of plats and field notes of mineral surveys, as also the rent of additional quarters that may be necessary for the execution of such work, shall be paid for out of the fund created

Now supervisor of surveys. See act of Mar. 3, 1925 (43 Stat. 1141, 1144), p. 695.