Att. Gen. 7. Cir. G. L. O., July 1, 1871; id. May 14, 1879. Treasury Cir., July 13, 1871 (Copp's L. L. 783; 1 Lester's L. L. 312, 314). SEC. 85. The commission of each surveyor-general shall cease and expire in four years from the date thereof, unless sooner vacated by death, resignation, or removal from office. 3 Stat. 697; R. S. 2217. Best v. Polk, 18 Wall. 112. Decision Com. G. L. O., Feb. 20, 1858 (1 Lester's L. L. 340). Duration of of fice. duties and bond SEC. 86. Every surveyor-general, except where the Presi- Continuance of dent sees cause otherwise to determine, is authorized to con- after expiration tinue in the uninterrupted discharge of his regular official of commission. duties after the day of expiration of his commission and until a new commission is issued to him for the same office, or until the day when a successor enters upon the duties of such office; and the existing official bond of any officer so acting shall be deemed good and sufficient and in force until the date of the approval of a new bond to be given by him, if recommissioned, or otherwise, for the additional time hé may so continue officially to act, pursuant to the authority of this section. 10 Stat. 247; 18 id. 62; R. S. 2222. Transfer of pa tinuance of office SEC. 87. Whenever the surveys and records of any surveying district are completed the surveyor-general thereof pers and disconshall be required to deliver over to the secretary of state of in case of comthe respective States, including such surveys, or to such pleted surveys. other officer as may be authorized to receive them, all the field-notes, maps, records, and other papers appertaining to laud titles within the same; and the office of surveyor-general in every such district shall thereafter cease and be discontinued. 5 Stat. 384; 19 id. 121; R. S. 2218. Commissioner in SEC. 88. In all cases of discontinuance, as provided in the Devolution of preceding section, the authority, powers, and duties of the powers upon surveyor-general in relation to the survey, resurvey, or sub-case of discontindivision of the lands therein, and all matters and things connected therewith, shall be vested in and devolved upon the Commissioner of the General Land Office. 10 Stat. 152; R. S. 2219. uance. such delivery. SEC. 89. Under the authority and direction of the Commis- Free access to sioner of the General Land Office, any deputy surveyor or fivered to States public records deother agent of the United States shall have free access to and conditions of any such field-notes, maps, records, and other papers for the purpose of taking extracts therefrom or making copies thereof without charge of any kind; but no transfer of such public records shall be made to the authorities of any State until such State has provided by law for the reception and safe-keeping of such public records and for the allowance of free access thereto by the authorities of the United States. 10 Stat. 152; 18 id. 62; R. S. 2220, 2221. of surveyors-gen eral. SEC. 90. Every surveyor-general shall engage a sufficient General duties 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 instruc tions of the General Land Office, and to remove them for negligence or misconduct in office. Taylor and Quarlls v. Brown, 5 Cranch, 234; Craig et al. v. Braxford, 3 Wheat. 594; Ellicott et al. v. Pearl, 10 Pet. 412; Brown's Lessee v. Clements, 3 How. 650. Reed v. Conway 20 Mo. 22; same case, 26 id. 13; Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; McClintock v. Rodgers, 11 Ills. 279. Cir. G. L. O., June 26, 1880. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the General Land Office in respect to the public lands within his surveying district, to which the Indian title has been or may be hereafter extinguished. Gazzam v. Phillips' Lessee, 20 How. 372, 3 Op. Att. Gen., 281, 284. Third. He shall cause to be surveyed all private land claims within his district after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. Menard's Heirs v. Massey, 8 How. 293; Kissell v. St. Louis Public Schools, 18 id. 19; Stanford v. Taylor, 18 id. 409; Ballance v. Forsyth, 24 id. 183; Ú. S. v. Fossat, 25 id. 445; Carondelet v. St. Louis, 1 Black, 179; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck, 1 id. 439; U. S. v. Billings, 2 id. 444; Sutter's case, 2 id. 562; U.S. v. Pacheco, 2 id. 587; Fossat case, 2 id. 649; Dehon v. Bernal, 2 id. 774; U. S. v. Armijo, 5 id. 444; Higueras v. U. S., 5 id. 827; Maguire v. Tyler, 8 id. 650; Lynch r. Bernal, 9 id. 315; Henshaw v. Bissell, 18 id. 255; Shepley et al. v. Cowan et al., 1 Otto, 330; Miller et al. v. Dale et al., 2 id, 473; Van Reynegan v. Bolton, 5 id. 33; U. S. v. Throckmorton, 8 id. 61; Snyder v. Sickles, 8 id. 203; Scull v. U. S., 8 id. 410. Bissell v. Henshaw, 1 Saw. C. C. 553; Leroy v. Jamison, 3 id. 369. Gibson v. Chouteau, 39 Mo. 536; Milburn v. Hardy, 28 id. 514; Funkhouser v. Hantz, 29 id. 540; Dent v. Legesson, 29 id. 489; Carondelet v. St. Louis, 29 id. 527; McGuire v. Tyler, 30 id. 202; Robins v. Eckler, 36 id. 494; Clark v. Heammerle, 36 id. 620; Gibson v. Chouteau, 39 id. 536; Vasquez v. Ewing, 42 id. 247; Glasgow v. Lindell, 50 id. 60; Rector v. Gaines, 19 Ark. 70; Ashley v. Rector, 20 id. 359; Meaux v. Breaux, 10 Martin (La.) 364; Moon v. Wilkinson, 13 Cal. 478; Boggs v. Mining Co., 14 id. 279; Mott v. Smith, 16 id. 534; Johnson v. Van Dyke, 20 id. 225; McGarrahan v. Maxwell, 27 id. 75; Treadway v. Semple, 28 id. 652; Searle v. Ford, 29 id. 104; Mahoney v. Van Winkle, 33 id. 448; Morrill v. Chapman, 35 id. 85; Yates v. Smith 38 id. 60; San Diego v. Allison, 46 id. 163. Decisions Sec. Int., July 16, 1872; Aug. 8, 1876; Aug. 17, 1876; March 16, 1877. Decisions Com. G. L. O., Aug. 18, 1860; Sept. 18, 1874; Nov. 3, 1874; Sept. 18, 1875; Oct. 28, 1875; June 26, 1879. Cir. G. L. O., June 26, 1880. Fourth. He shall transmit to the register of the respective land offices within his district general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to the Commissioner of the General Land Office. Barnard v. Ashley, 18 How. 43; Water and Mining Co. v. Bugbee, 6 Otto, 165. Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; Pope v. Athearn, 42 Cal. 606. Com. G. L. Q. Instructions to Surveyors-General, April 17, 1879. Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for a surveyor-general to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination, and the actual and necessary expenses of such person shall be allowed and paid for that service, and five dollars a day during the examination in the field; but such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyor-general, or any person employed in his office at a regular salary, is engaged in such special service he shall receive only his necessary expenses in addition to his regular salary. 1 Stat. 464; 13 id. 325; 4 id. 492; 10 id. 245, 247; 18 id. 34; 19 id. 126; R. S. 2223. Sec. Int. Instructions, July 1, 1874; Sept. 21, 1874. Cir. G. L. O., June 26, 1880. SEC. 91. Every deputy surveyor shall enter into bond, Bond of deputy with sufficient security, for the faithful performance of all surveyor. surveying contracts confided to him; and the penalty of the bond, in each case, shall be double the estimated amount of money accruing under such contracts, at the rate per mile stipulated to be paid therein. The sufficiency of the sureties to all such bonds shall be approved and certified by the proper surveyor-general. 4 Stat. 493; 10 id. 247; R. S. 2230. U. S. v. Vanzandt, 11 Wheat. 184; U. S. v. Tingey, 5 Pet. 115; Farrar et al. v. U. S., 5 id. 373; U. S. v. Bradley, 10 id. 343; U. S. v. Linn, 15 id. 290. U. S. v. Stephenson, 1 McLean, C. C. 462. surveyor. SEC. 92. The surveyor-generals, in addition to the oath Oath of deputy 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 that those surveys have been faithfully and correctly executed according to law and the instructions of the surveyor-general. Suit on bond of deputy surveyor; 9 Stat. 79; R. S. 2231. Ellicott and Meredith v. Pearl, 10 Pet. 412; U. S. v. Hanson, 16 id. 196; Bollard et al. v. Dwight et al., 4 Cranch, 421; Taylor et al. v. Brown, 5 id. 234. Cir. G. L. O., June 26, 1880. SEC. 93. The district attorney of the United States, in whose district any false, erroneous, or fraudulent surveys lien of. 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. 9 Stat. 79; R. S. 2232. SEC. 94. In the event of the failure of a deputy in Loui- Penalty for de siana to comply with the terms of his contract, unless such fault of deputy. failure be satisfactorily shown by him to have arisen from causes beyond his control, he shall forfeit the penalty of his Seals of survey. California, Ore 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, Calgon, and Louisi-ifornia, and Louisiana shall continue to be used; and any ana; transcripts 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. by surveyor 10 Stat. 245, 248; R. S. 2224, 2225. U. S. v. Delespine's Heirs et al., 12 Pet. 654; U. S. v. Wiggins, 14 id. 334; Hedrick v. Hughes, 15 Wall. 123. Hensley v. Tarpey, 7 Cal. 288; Lawrence v. Grout, 12 La. Ann. 835. Custody of offi. 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 rent, &c., to sur veyors-general. Duties of regis performed by sur. 11 Stat. 289; R. S. 2229. SEC. 97. There shall be allowed for clerk hire, office rent, fuel, books, stationery, and other incidental expenses of the several offices of surveyors-general such sums as may be appropriated for such purposes by Congress from year to year. R. S. 2226, 2227. 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. Rcles 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 v. 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 v. Walker, 9 id. 173; Shipp v. Miller's Heirs, 2 Wheat. 316; Holmes v. Trout, 7 Pet. 171; Brown v. Huger, 21 How. 305; Meron r. Whitney, 5 Otto, 551; Robinson v. Moon, 4 McLean, C. C. 279. Oakley v. Stuart, 52 Cal. 521. Cir. G. L. O., June 26, 1880. 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. 348; R. S. 2395. Taylor et al. v. Brown, |