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is such that they cannot be signed within a reasonable time by the secretary appointed under the preceding section, the President may appoint an assistant secretary to sign the same, but such assistant shall be employed by the express direction of the President, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature.

9 Stat. 209; R. S. 451. Warrants for SEC. 74. In all cases in which land has heretofore or shall military lands to hereafter be given by the United States for military serv.

c

ices, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior; and such war. rants shall be recorded in the General Land Office, in books to be kept for the purpose, and shall be located as is or may be provided by law; and patents shall afterwards be issued accordingly.

2 Stat. 717; R. S. 457. Taylor et al. r. Brown, 5 Cranch, 234. Laniviere v. Madagan, 1 Dillon, C. C. 455; Rice v. Taylor, 2 id. 23; Lewis v. Baird, 3 McLean, C. C. 56; Price v. Johnston, 1

Ohio St. 390 ; Wood v. Ferguson, 7 id. 288. Copies of pa- SEC. 75. Whenever any person claiming to be interested pero Aled in the in or entitled to land under any grant or patent from the department.

United States applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the General Land Office, for the person so applying.

3 Stat. 721; 5 id, 111; R. S. 460. Principal clerk SEC. 76. There shall be in the General Land Office a of the surveye. principal clerk of the surveys, who shall be appointed by

the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of one thousand eight hundred dollars a year. He shall direct and superin. tend the making of surveys, the returns thereof, and all matters relating thereto, which are done through the officers of the surveyor-general, and perform such other duties as may be assigned to him by the Commissioner of the General Land Office.

5 Stat. 110; R. S. 449.

CHAPTER THREE.

SURVEYS AND SURVEYORS.

ers, &o.

Bec

Sec. 77. Surveyors-general, how and where 102. Variance in shape of surveys on riv

appointed. 78. Salary of, in Louisiana, Florida, Min- 103. Variance from rectangular subdivis nesota, Nebraska, Iowa, and Da

ions in Nevada. kota.

104. Geodetic method of survey in Ore79. Salary of, in Oregon and Washing

gon and California. ton Territory.

105. Departure from rectangular surveys 80. Salary of, in Colorado, New Mexico,

in California. California, Idaho, Nevada, Mon- 106. Extension of public surveys over mintana, Utah, Wyoming, and Arizona.

eral lands. 81. Salary of, in Florida, Oregon, and 107. What instructions to be deemed part

California, how and from what time of contract.
payable.

108. Subdivision of placer claims. 82. Offices, number and location of. 109. Deputies to survoy mining claims, and 83. Residence of surveyor-general.

power of Commissioner to fix prices. 84. Bond of surveyor-general.

110. Surveyor-general to make plat and 85. Duration of office.

field-notes of mining surveys, and 86. Continuance of duties and bond after

to give certificate of improvements, expiration of commission.

&c. 87. Transfer of papers and discontinu. 111. Contracts for surveys of public land,

ance of office in case of completed when binding.
surveys.

112. Costs of surveying private land 88. Devolution of powers of surveyors- claims and railroad grants to be general upon Commissioner in case

refunded. of discontinuance of office.

113. Augmented rates for surveys in Ore2. Free access to public records deliv

gon, California, and Washington ered to States, and conditions of Territory. such delivery.

114. Pay by the day for surveys in Oregon 90. General duties of surveyors-genoral.

and California. 91. Bond of deputy surveyor.

115. When survey may be had by settlers 92. Oath of deputy surveyor.

in townships. 93. Suit on bond of deputy surveyor a 116. Deposit for expenses of surveys deemlien on his property.

ed an appropriation, &c. 94. Penalty for default of deputy sur- 117. Settlers' deposits for surveys to go in veyor.

part payment for lands, and aro 95. Transcripts from records, and seals assignable.

of surveyors-general of California, 118. Surveyor-general to survey private Oregon, and Louisiana.

land claims when confirmed, &c. 96. Custody of official papers, &c., by 119. Surveyors-general in New Mexico, surveyor-general of California.

&c., to report to Congress on pri97, Allowance for clerk hire, office rent,

vaté land claims. &c., to surveyor-general.

120. Penalty for interrupting surveys. 98. Duties of register and receiver per- 121. Protection of surveyor by marshal of formed by surveyor-general, when.

district. 99. Rules of survey:

122. Surveyors to explore and select tim100. Boundaries and contents of public

ber lands to reserve for use of the lands, how ascertained.

Navy. 101. Lines of division of half quarter-sec- 123. Director of geological surveys, duties tions, how run.

of, &c. SEC. 77. There shall be appointed by the President, by and Surveyors-gen: with the advice and consent of the Senate, a surveyor-gen. whore appoin tod. eral for the States and Territories herein named, embracing, respectively, one surveying district, namely: Louisiana, Florida, Minnesota, Kansas, California, Nevada, Oregon, Nebraska and Iowa, Dakota, Colorado, New Mexico, Idaho, Washington, Montana, Utah, Wyoming, Arizona.

kota.

what time

3 Stat. 755; 4 id. 492; 9 id. 496; 10 id. 244, 306, 308, 309, 611; 11 id.

212; 12 id. 176, 214, 244; 14 id. 77, 85, 344, 542; 15 id. 91; 16 id. 65, 230; 17 id. 76; 18 id. 18, 34, 121, 122, 123, 201, 303; 19 id. 126, 207;

R. S. 2207. Salary of, in SEC. 78. The surveyors-general of Louisiana, Florida, MinLouisiana, Florida, Minnesota, nesota, Kansas, Nebraska and Iowa, and of Dakota Terri. Iowa, sand Datory, shall each receive a salary at the rate of two thousand

dollars a year.

3 Stat. 755; 4 id. 493; 12 id. 244; 17 id. 76; R. S. 2208. Salary of, in SEC. 79. The surveyors-general of Oregon and of WashOregon and Washington. ington shall each receive a salary at the rate of two thou

sand five hundred dollars a year.

9 Stat. 496; 10 id. 158, 248, 306, 674; 12 id. 410; 17 id. 76; R. S. 2209. Salary of, in SEC. 80. The surveyors-general of Colorado, New Mexico, Mexico, Califor. California, Idaho, Nevada, Montana, Utah, Wyoming, and nia, Idaho, No- Arizona shall each receive a salary at the rate of three thouUtah, Wyoming, sand dollars a year. and Arizona.

10 Stat. 244, 308, 611; 12 id. 176, 214, 410 ; 14 id. 77, 85, 542; 15 id.

91; 16 id. 65, 230; 17 id. 76; R. 8. 2210. Salaries of, in SEC. 81. The salary of each surveyor-general of Florida, Florida, Oregon, and California, Oregon, and California shall be paid quarter-yearly, and shall bow and from commence from the time he enters into bond, as provided by

pay. able.

law.

3 Stat. 756; 9 id. 496; 10 id. 244; R. 8. 2211. Offices, number SEC. 82. The surveyor-general's office for Minnesota disand location.

trict shall be located at the city of Saint Paul; that for Idaho Territory at Boise City; that for the district of Nebraska and Iowa at Plattsmouth, in Nebraska; that for each other surveying district at such place as the President, in view of the public convenience, may from time to time direct; and there shall be but one office of surveyor-general in each district.

11 Stat. 212; 13 id. 352; 14 id. 77, 344; R. S. 212, 2213. Residence of SEC. 83. Every surveyor-general, while in the discharge survoyor-general of the duties of his office, shall reside in the district for

which he is appointed.

5 Stat. 637 ; R. S. 2414. Bond of sar: SEC. 84. Every surveyor-general shall, before entering on voyor-general.

the duties of his office, execute and deliver to the Secretary of the Interior a bond, with good and sufficient security, for the penal sum of thirty thousand dollars, conditioned for the faithful disbursement, according to law, of all public money placed in his hands, and for the faithful performance of the duties of his office; and the President has discretionary authority to require a new bond and additional security, under the direction of the Secretary of the Interior, for the lawful disbursement of public moneys.

3 Stat. 697; R. S. 2215, 2216. U. 8. v. Vanzandt, 11 Wheat. 184; U.

S. v. Tingoy, 5 Pet. 115; Farrar and Brown v. U. S., 5 id. 373; U. 8. v. Bradley, 10 id. 343; U. S. v. Linn, 15 id, 290; U. S. v. Prescott, 3 How. 578; U. 8. v. Boyd, 5 id. 29; Bryan v. U. S., 1 Black, 140; Boyden v. United States, 13 Wall. 17; Bevans v. U. S., 13 id. 56; U. 8. v. Thomas, 15 id. 337 ; U. 8. v. Stephenson, 1 McLean, c. C. 462; U. S. v. Linn, 2 id. 501; U. S. v. Ward, 3 id. 179. 8 Op.

Att. Gen. 7. Cir. G. L. O., July 1, 1871; id. May 14, 1879. Treas

ury Cir., July 13, 1871 (Copp's L. L. 783; 1 Lester's L. L. 312, 314). SEO. 85. The commission of each surveyor-general shall Duration of of cease and expire in four years from the date thereof, unless fico. 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, 1853 (1 Lester's L. L. 340). 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. daties after the day of expiration of his commission and until a new cominission 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. SEC. 87. Whenever the surveys and records of any sur. Transfer of pa veying district are completed the surveyor-general thereof pers and discon shall 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 beld-notes, maps, records, and other papers appertaining to land 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. 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 discontin. division 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. SEC. 89. Under the authority and direction of the Commis. Free access to sioner of the General Land Office, any deputy surveyor or livered to States other agent of the United States shall have free access to and conditions of

such delivery. 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 antil 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. SEC. 90. Every surveyor-general shall engage a sufficient General duties bomber of skillful surveyors as his deputies, to whom he is oral,

of surveyors-gen. 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

uanco.

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 e. Clements, 3 How. 630. 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 pre scribed 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 here. attcr extinguished.

Gazzam r. Phillips' Lessee, 20 How. 372. 3 Op. Att. Gen., 281, 284,

Atshire v. Hulse, 1 Ohio, 170; Hastings v. Stevenson, ? d. 9; Mc
Kinney v. McKinnoy, 8 id. 423; Hamil v. Carr, 21 Ohio St. 258;
Hendrick 1. Eno, 42 Iowa, 411; Saint Louis v. Walker, 40 Mo. 333;
Jordan v. Barrett, 13 La. 24; Fowler 1. Duval, 11 id. 561; Cox o

Jones, 47 Cal. 412. Cir. G. L. O., June 26, 1880. 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 com plete the survey of the public lands.

Menard's Heirs v. Massey, 8 How. 293; Kissell r. St. Louis Public

Schools, 18 id. 19; Stanford v. Taylor, 18 id. 409; Ballance v. For-
syth, 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. Halleek,
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. $. v. Armijo, 5 id. 444; Higueras v. U. S., 5 id. 827 ; Ma
guire v. Tyler, 8 id. 650; Lynch r. Bernal, 9 id. 315; Henshaw e
Bissell, 18 id. 255; Shepley et al. v. Cowan et al., 1 Otto, 330; Mil
ler 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
Hardy, 28 id. 514; Funkhouser v. Hantz, 29 id. 540; Dent ». Leg
esson, 29 id. 489; Carondelet v. St. Louis, 29 id. 527 ; McGuire v
Tyler, 30 id. 202; Robins v. Eckler, 36 id. 494; Clark v. Heam
merle, 36 id. 620; Gibson v. Chouteau, 39 id. 536; Vasquez v. Ew
ing, 42 id. 247; Glasgow v. Lindell, 50 id. 60; Rector v. Gaines, 13
Ark. 70; Ashley v. Rector, 20 id. 359; Meaux v. Breaux, 10 Mar
tin (La.) 364 ; Moon v. Wilkinson, 13 Cal. 478; Boggs v. Mining
Co., 14 id. 279; Mott r. Smith, 16 id. 534 ; Johnson r. Van Dyke
20 id. 225; McGarrahan r. Maxwell, 27 id. 75; Treadway o. Sem
ple, 28 id. 652; Searle v. Ford, 29 id. 104; Mahoney v. Van Win
kle, 33 id. 448; Morrill v. Chapman, 35 id. 85 ; Yates v. Smith 3
id. 60; San Diego v. Allison, 46 id. 163. Decisions Sec. Int., July
16, 1872; Aug. 8, 1876; Aug. 17, 1876; March 16, 1877. Decision
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, Ind. 214; Pupe v. Athearn, 42 Cal. 606. Com. G. L. O. Instruc tions to Surveyors-General, April 17, 1879.

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