west corner of the S. E. quarter section; and the triangular piece of land H, if there be any, will of course constitute a fractional northwest quarter. Very respectfully, etc., JOSEPH S. WILSON, B. H. TRUSDELL, DEPARTMENT OF THE INTERIOR, Amboy, Ill. SIR: I am in receipt of your communication of the 7th inst., inquiring as to the proper mode of subdividing sections into legal subdivisions. In reply, I have to say, from the law of Congress approved Feb. 11th, 1805, the following definite and fixed rules are deduced, to wit: 1st. All corners once established in the field, and approved and returned by the proper officers, shall stand as the true corners which they were intended to designate, even though the intervals do not correspond with the measurements stated in the field notes. 2d. All boundary lines of legal subdivisions which shall not have been actually run and marked in the field, shall be ascertained by running straight lines from the established corners to the opposite corresponding corners. It will be seen from the foregoing, that the correct mode of dividing sections is by running straight lines from quarter post to opposite quarter post (both North and South and East and West), the common center being determined by the intersection of the lines so run. Great care should be taken in running such subdivision boundaries, to first identify the existing corners as the true original corners established by the U.S. surveyor. Very respectfully, etc., JAS. M. EDMUNDS, Commissioner. GENERAL LAND OFFICE, WARREN BECKWITH, ESQ., SIR: Geneva, Wis. March 30th, 1864. I am in receipt of your communication of the 23d inst., inquiring as to the proper mode of subdividing sections into legal subdivisions. The law of Congress approved Feb. 11th, 1805 (U. S. Statutes, page 313, Little & Brown's edition), gives explicit directions how this shall be done. This law has not since been repealed or modified, and hence the true and only lawful mode of subdividing sections is the one described therein. By this law the following definite and fixed rules are enunciated, to wit: 1st. All corners once established in the field, and approved and returned by the proper officers, shall stand as the true corners they were intended to designate, even though the intervals do not correspond with the measurements in the field notes. 2d. All boundary lines of legal subdivisions which shall not have been actually run and marked in the field, shall be ascertained by running straight lines from the established corner to the opposite corresponding corner. It will be seen from the foregoing rules that the correct mode of dividing sections is by running straight lines from quarter post to opposite quarter posts, the common center being determined by the intersection of the lines so run. Great care should be taken in running such subdivisional boundaries to first identify the existing corners as the true original corners established by the U. S. surveyor. * * * * * * * Your letter of the 12th inst., asking for information as to the proper mode of establishing lost corners of the public surveys, etc., is received. As stated in my communication of the 2d inst., this office does not assume to exercise any control over the surveying operations of county surveyors. For the information of surveyors who may be called upon to re-establish lost corners of the public surveys or subdivide sections, the following general principles, based upon the laws of Congress and the regulations of the land department in accordance therewith, may be stated: 1st. Section and quarter section corners as established by the government survey, must, by law of Congress, stand as the true corners. 2d. Missing corners must be re-established at the identical point where the original posts were planted by the U. S. deputy surveyors. 3d. The legal presumption is, in the absence of any evidence to the contrary, that lost section and quarter section posts were originally established at the distances indicated in the field notes. 4th. Half quarter section corners must be established equidistant from the section and quarter section posts. The first proposition above is in accordance with a law of Congress approved February 11th, 1805. To divide a section into quarters a right line should be run from the quarter section post in one section line to the corresponding quarter section post in the opposite section line, even though one or more of these posts may have been established nearer to one section corner than the other, thereby giving to one quarter section more than 160 acres and to another less. The second proposition grows out of the first, and is in accordance with the laws of Congress. It is the duty of the surveyor to re-establish missing posts in the exact locality where they were originally placed in the government survey. The proof of locality first sought to be obtained should be the "witness trees," or any other means of identification contained in the field notes, and next, clear and unquestionable testimony of any other kind. If no bearing trees, or other evidences in the field notes or elsewhere exist, by which the locality of the missing posts can be identified or determined in the field, then, as stated under the third head, the legal presumption is, that the missing section or quarter section corners were originally established in conformity with the distances expressed in the field notes, and the surveyor should so re-establish them. Extinct quarter section corners, except on fractional section lines, when they cannot be identified as above, should be re-established equidistant between the section corners, in a right line between the nearest noted "line trees" each side of it, if there are any, but if none are found, then in a right line between the section corners. Extinct quarter section posts on section lines which close on the north and west, boundaries of townships, should be re-established, according to the original measurement thereof, at 40 chains from the last interior section corner. Extinct section corners may be re-established by running a right line between the nearest noted "line trees" north and south and east and west of the lost corner, if there be any such trees within the distance of the nearest quarter section, or section corners; but if no "line trees" be found, then between the nearest quarter section or section corners, and at the point of intersection of the two lines thus run, establish the section corner, with new bearings, to the nearest and most desirable objects. The quarter mile posts are not established in government surveys, but are, by law, understood to be equidistant from the section and quarter section corners, as stated under the fourth head, and should be so established by the county surveyor. It may be remarked, that where the measurement of any section line by the county surveyor does not correspond with the original measurement recorded in the field notes, lost corners should be re-established at proportional distances from each other between the known corners. A proper application of the principles embraced herein will enable the practical surveyor to subdivide the public lands and re-establish the lost corners of the public surveys, in conformity with law and the regulations and usages of the land department. There are some anomalous cases, such, for instance, as double corners on the north and west boundary lines of townships, an explanation of which must be omitted owing to the length of this communication. The general principles which should govern the county surveyor are, however, indicated with sufficient clearness to guide him in the rightful performance of his duties. Very respectfully, etc., JAS. M. EDMUNDS, Commissioner. |
