Boundaries and

5 Cranch, 234; Barnard v. Ashley, 18 How. 43; Water and Mining Co. v. Bugbee, 6 Otto, 165. Rector v. Gaines, 19 Ark. 70; Lewen v. Smith, 7 Port. (Ala.) 428; Mott v. Smith, 16 Cal. 534; Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; McClintock v. Rodgers, 11 Ills. 279. Decision Sec. Int., Jan. 15, 1878. Decision Com. G. L. O., April 17, 1879.

SEC. 100. The boundaries and contents of the several contents of pub-sections, half-sections, and quarter-sections of the public lands shall be ascertained in conformity with the following principles:

lic lands, how as. certained.

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 water-course, Indian boundary line, or other external boundary of such fractional township.

Mott v. Smith, 16 Cal. 534; Guin v. Brandon, 29 Ohio St. 656; McClintock v. Rodgers, 11 Ills. 279; Goodman v. Myrick, 5 Oreg. 65. Cir. G. L. O., June 26, 1880.

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. 2 Stat. 313; R. S. 2396. Lindsey v. Hawes, 2 Black, 554; U. S. v. Pacheco, 2 Wall. 587; Railway Co. v. Schurmier, 7 id. 272; County of Saint Clair v. Livingston, 23 id. 46; Heidekoper v. Brooms, 1 Wash. C. C. 109; Coon v. Pen, 1 Pet. C. C. 496. 2 Op. Att. Gen. 578. 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; Billingsly v. Bates, 30 Ala. 376; Doe v. Hildreth, 2 Ind. 274; Grogan v. Knight, 27 Cal. 516. Decision Com. G. L. O., May 17, 1875. Cir. G. L. O., June 26, 1880. SEC. 101. In every case of the division of a quarter-secion of half quar- tion the line for the division thereof shall run north and ter-sections, how 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

Lines of divis

run.

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. 3 Stat. 566; 4 id. 503; R. S. 2397. Gazzam v. Phillips' Lessee, 20 How. 372; Railway Co. v. Schurmier, 7 Wall. 272. Buel v. Tuley, 4 McLean, C. C. 268. Wharton v. Littlefield, 30 Ala. 245. 3 Op. Att. Gen. 281, 284. Decision Sec. Int., April 14, 1879. Decision Com. G. L. O., May 17, 1875. Cir. G. L. O., June 26, 1880. SEC. 102. Whenever, in the opinion of the President, a departure from the ordinary method of surveying land on shape of surveys any river, lake, bayou, or water-course 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.

4 Stat. 34; R. S. 2407.

Variance in

on rivers, &c.

rectangular sub

SEC. 103. In extending the surveys of the public lands in Variance from the State of Nevada, the Secretary of the Interior may vary divisions in Nethe lines of the subdivisions from a rectangular form, to suit vada. the circumstances of the country.

14 Stat. 86; R. S. 2408. Heydenfeldt v. Mining Co., 3 Otto, 634. SEC. 104. The Secretary of the Interior, if he deems it Geodetic methadvisable, is authorized to continue the surveys in Oregon Oregon and Cali od of survey in and California, to be made after what is known as the fornia. 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.

9 Stat. 496; 10 id. 245; R. S. 2409.

veys in Califor

SEC. 105. Whenever, in the opinion of the Secretary of Departure from the Interior, a departure from the rectangular mode of sur rectangular surveying and subdividing the public lands in California would nia. 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

Extension

of

over mineral lands.

from timber and water privileges; but such lands shall not be surveyed into less than one hundred and sixty acres or subdivided into less than forty acres.

10 Stat. 245; R. S. 2410. Cir. G. L. O., June 26, 1880.

SEC. 106. The public surveys shall extend over all mineral public surveys 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.

What instruc

10 Stat. 15, 21; 16 id. 218; R. S. 2406.

SEC. 107. The printed manual of instructions relating to tions to be deemed the public surveys, prepared at the General Land Office, part of contract. and bearing date February twenty-second, eighteen hundred and fifty-five, the instructions of the 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.

Deputies to sur

Commissioner to fix prices.

12 Stat. 409; R. S. 2399. Cir. G. L. O., June 26, 1880. SEC. 108. Legal subdivisions of forty acres of placer lands may be subdivided into ten-acre lots.

16 Stat. 217; R. S. 2330.

SEC. 109. The surveyor-general of the United States vey mining claims may appoint in each land district containing mineral lands and power of as many competent surveyors as shall apply for 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, 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 have power to establish the maximum charges for such surveys; and to the end that he 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 surveys, which statement shall be transmitted to the Commissioner of the General Land Office.

Surveyor-gen

17 Stat. 95; 19 id. 52; R. S. 2334. Decision Com. G. L. O., April 20, 1877.

SEC. 110. The surveyor-general of the United States shall eral to make plat and field-notes of prepare or cause to be prepared a plat and field-notes of mining surveys, all mining surveys made by authority of law, which shall and to give certificate of im- show accurately the boundaries of such claims; and, when provements, &c. warranted by the facts, he shall give to the claimant his

certificate that five hundred dollars' worth of labor has been expended or improvements made upon the claim by the claimant or his grantors, and that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. 17 Stat. 92; R. S. 2325.

SEC. 111. Contracts for the survey of the public lands Contracts for surveys of public shall not become binding upon the United States until ap- lands, when bindproved by the Commissioner of the General Land Office, ing. except in such cases as the Commissioner may otherwise specially order.

Reed v. Con

funded.

12 Stat. 409; R. S. 2398. Maguire v. Tyler, 1 Black, 201; Parks v. Ross, 11 How. 362; Spencer v. Lapsley, 20 id. 264. way, 26 Mo. 13. Decision Sec. Int., Feb. 27, 1878. SEC. 112. The Commissioner of the General Land Office Price of sur veys, how estabhas power, and it shall be his duty, to fix the prices per lished. mile for public surveys, which shall in no case exceed the Cost of survey. ing private claims maximum established by law; and, under instructions to be and railroad prepared by the Commissioner, an accurate account shall at to be rebe 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 interest.

12 Stat. 409; 18 id. 384; 19 id. 122; R. S. 2400. Railway Co. v. Prescott, 16 Wall. 603; Railway Co. v. McShane, 22 id. 444; Hannewell v. Cass Co., 22 id. 464; Colorado Co. v. Commissioners, 5 Otto, 259. Decisions Sec. Int., Dec. 17, 1874; Feb. 27, 1878; Feb. 20, 1879; March 5, 1879; April 2, 1879. Decisions Com. G. L. O., April 18, 1867; Aug. 8, 1867; Feb. 17, 1869; March 26, 1870. Cir. G. L. O., June 26, 1880.

ington Territory.

SEC. 113. The. Commissioner of the General Land Office Augmented prices for surveys may authorize, in his discretion, public lands in Oregon, in Oregon, Calidensely covered with forests or thick undergrowth, to be fornia, and Washsurveyed at augmented rates, not exceeding eighteen dollars per mile for standard parallels, fifteen dollars for townships, and twelve dollars for section lines; and under like conditions he may allow augmented rates in California, and in Washington Territory, not exceeding eighteen dollars per linear mile for standard parallels, sixteen dollars for township, and fourteen dollars for section lines.

16 Stat. 304, 305; 17 id. 358; R. S. 2404, 2405. Decision Sec. Int., June 16, 1879. Cir. G. L. Ó., June 26, 1880.

for surveys in

SEC. 114. Whenever the public surveys, or any portion of Pay by the day them, in the States of Oregon and California, are so required Oregon and Calito be made as to render it expedient to make compensation fornia. for the surveying thereof by the day instead of by the mile, it shall be lawful for the Commissioner of the General Land Office, under the direction of the Secretary of the Interior, to make such fair and reasonable allowance as, in his judgment, may be necessary to insure the accurate and faithful execution of the work.

10 Stat. 247; R. S. 2411. Decision Sec. Int., June 16, 1879. Cir. G. L. O., June 26, 1880.

ship.

When survey SEC. 115. When the settlers in any township, not mineral may be had by settlers in town or reserved by Government, desire a survey made of the same, under the authority of the surveyor-general, and file an application therefor in writing, and 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 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.

Deposit for expenses of surveys

priation, &c.

12 Stat. 410; R. S. 2401. Decision Sec. Int., Jan. 28, 1880. Cir. G L. O., June 27, 1879; March 5, 1880.

SEC. 116. The deposit of money in a proper United States deemed an appro- 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 deposited to be placed to the credit of the proper appropriations for 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.

Settlers' de

to go in part pay

13 Stat. 404; R. S. 2402. Cir. G. L. O., June 27, 1879.

SEC. 117. Where settlers make deposits in accordance posits for surveys with the provisions of section one hundred and fifteen, ment of lands, the amount so deposited shall go in part payment for their and are assigna- lands situated in the townships, the surveying of which is

eral to survey

paid for out of such deposits; or the certificates issued for such deposits may be assigned by endorsement and be received in 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.

16 Stat. 581; 19 id. 38; 20 id. 352; R. S. 2403. Cir. G. L. O., June 27, 1879.

Surveyors-gen- SEC. 118. Each surveyor-general, when thereunto duly private land authorized by law, shall cause all confirmed private land claims when con- claims within his district to be accurately surveyed, and

firmed, &c.

shall transmit plats and field-notes thereof to the Commissioner of the General Land Office for his approval. When 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.

2 Stat. 326, 352; 3 id. 325; 5 id. 740; 9 id. 242, 633; 10 id. 244, 308, 599; 11 id. 294; 12 id. 172, 209, 369, 409; 13 id. 332, 344; 14 id. 218; 16 id. 64, 304; 18 id. 305; 19 id. 121, 202; R. S. 2447. Bissell v. Penrose, 8 How. 317; Villalobos v. U. S., 10 id. 541;