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 bedeemed 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.

Subdivision of

placer claims.

Deputies to sur

Commissioner to fx 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

eral to make plat

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 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 tificate of im- show accurately the boundaries of such claims; and, when provements, &c. warranted by the facts, he shall give to the claimant his

and to give cer

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.

surveys of public

SEC. 111. Contracts for the survey of the public lands Contracts for 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.

12 Stat. 409; R. S. 2398. Maguire v. Tyler, 1 Black, 201; Parks v. Ross, 11 How. 362; Spencer v. Lapsley, 20 id. 264. Reed v. Conway, 26 Mo. 13. Decision Sec. Int., Feb. 27, 1878.

funded.

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 grants 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. O., June 26, 1880.

Pay by the day

for surveys in Oregon and Cali

SEC. 114. Whenever the public surveys, or any portion of them, in the States of Oregon and California, are so required to be made as to render it expedient to make compensation formia. 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 judg ment, 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.

settlers in township.

When survey SEC. 115. When the settlers in any township, not mineral may be had by 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

ble.

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;

private laud

Ledoux v Black, 18 id. 473; U. S. v. Fossat, 20 id. 413; Brown v. Huger, 21 id. 305; U. S. v. Fossat, 21 id. 445; Castro r. Hendricks, 23 id. 438; Ballance v. Forsyth, 24 id. 183; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck 1 id. 439; U. S. v. Vallejo, 1 id. 658; Sutter's case, 2 id. 562; Fossat case, 2 id. 649; Higueras v. U. S., 5 id. 827; Alviso v. U. S., 8 id. 337. 12 Op. Att. Gen. 116, 250; 14 id. 74, 601. U. S. v. Garcia, 1 Saw. C. C. 383; Russell v. Henshaw, 1 id. 553; Leroy v. Jamison, 3 id. 369; U. S. v. Flint, 4 id. 42. Dent r. Segerson, 29 Mo. 480; Fowler v. Duvall, 11 La. Ann. 561; Waterman v. Smith, 13 Cal. 373; Moore v. Wilkerson, 13 id. 478; Merritt v. Judd, 14 id. 60; Mott v. Smith, 16 id. 534; Johnson v. Van Dyke, 20 id. 225; McGarraghan v. Maxwell, 27 id. 75; Seale v. Ford, 29 id. 104. Cir. G. L. O., June 26, 1880. SEC. 119. It shall be the duty of each surveyor-general, eral in New Mex Surveyors-genwhose respective surveying district includes any portion ico, &c., to report of the territory embraced, on the twenty-second day of Congress on July, eighteen hundred and fifty-four, within the limits of claims. the then Territory of New Mexico, under the instructions of the Secretary of the Interior, to ascertain the origin, nature, character and extent of all claims to lands under the laws, usages, and customs of Spain and Mexico; and for this purpose may issue notices, summons witnesses, administer oaths, and do and perform all other necessary acts in the premises. He shall make a full report on all such claims as originated before the cession of the Territory to the United States by the treaty of Guadalupe Hidalgo, of eighteen hundred and forty-eight, denoting the various grades of title, with his decision as to the validity or invalidity of each of the same under the laws, usages, and customs of the country before its cession to the United States; and shall also make a report in regard to all pueblos existing in the Territory, showing the extent and locality of each, stating the number of inhabitants in the said pueblos, respectively, and the nature of their titles to the land. Such report shall be made according to the form which may be prescribed by the Secretary of the Interior, and shall be laid before Congress for such action thereon as may be deemed just and proper, with a view to confirm bona fide grants and give full effect to the treaty of eighteen hundred and forty-eight between the United States and Mexico; and until the final action of Congress on such claims, all lands covered thereby shall be reserved from sale or other disposal by the Government.

10 Stat. 309. Newhall v. Sanger, 2 Otto, 761; Tameling v. Emigration Co., 3 id. 644; U. S. v. Clamorgan and Danterive v. U. S., S. C., Oct. T., 1879, in manuscript. 14 Op. Att. Gen. 624. Decisions Sec. Int., Dec. 29, 1862; July 26, 1867; Sept. 6, 1870; July 27, 1871; June 6, 1872; Feb. 21, 1872; March 15, 1872; June 6, 1872; Sept. 2, 1872; Dec. 17, 1872; Feb. 21, 1873; March 21, 1873; March 26, 1873; July 23, 1873; July 31, 1873; Oct. 30, 1873; Feb. 28, 1874; March 17, 1874; June 29, 1874; July 15, 1874; Aug. 15, 1874; Oct. 27, 1874; Dec. 5, 1874; Jan. 23, 1875; March 27, 1875; June 1, 1875; Feb. 4, 1876; April 22, 1876; Aug. 8, 1876; Aug. 12, 1876; Aug. 17, 1876; Dec. 30, 1876; Feb. 7, 1877; Feb. 15, 1877; March 16, 1877; April 15, 1877; June 30, 1877; Nov. 15, 1877; June 12, 1878; July 11, 1878; Aug. 9, 1378; Oct. 24, 1878; May 21, 1879; May 28, 1879; June 9, 1879; June 21, 1879; Aug. 28, 1879; Sept. 20, 1879. Decisions Com. G. L. O., Aug. 18, 1860; June 22, 1870; Dec. 14, 1870; June 17, 1871; Dec. 19, 1871; July 9, 1872; Aug. 13, 1872; Sept. 18, 1874; Nov. 3, 1874; Feb. 12, 1875; June 29, 1875; July 19, 1875; May 13, 1876; May 19, 1876; July 7, 1876; Sept. 19,1876; Nov. 15, 1876; April 13, 1877; June 22, 1877; June 27, 1877; Feb.

Penalty for in terrupting sur

voya.

Protection of surveyor by mar

1, 1878; Feb. 21. 1878; April 13, 1878; Nov. 11, 1878; Dec. 2, 1878; March 21, 1879; July 14, 1879; Aug. 14, 1879; Sept. 5, 1879. SEC. 120. Every person who in any manner, by threat or force, interrupts, hinders, or prevents the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same, in conformity with the instructions of the Commissioner of the General Land Office, shall be fined not less than fifty dollars nor more than three thousand dollars, and be imprisoned not less than one nor more than three years.

4 Stat. 417; R. S. 2412.

SEC. 121. Whenever the President is satisfied that forcible shal of district. opposition has been offered, or is likely to be offered, to any surveyor or deputy surveyor in the discharge of his duties in surveying the public lands, it may be lawful for the President to order the marshal of the State or district, by himself or deputy, to attend such surveyor or deputy surveyor with sufficient force to protect such officer in the execution of his duty, and to remove force should any be offered.

the Navy.

4 Stat. 417; R. S. 2413.

Surveyors to SEC. 122. The President is authorized to appoint surveyexplore and select timber lands to ors of public lands, who shall explore such vacant and unreserve for use of appropriated lands of the United States as produce the liveoak and red-cedar timbers, and shall select such tracts or portions thereof, where the principal growth is of either of such timbers, as in the judgment of the Secretary of the Navy may be necessary to furnish for the Navy a sufficient supply of the same. Such surveyors shall report to the President the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or

Director of geo

water-courses.

3 Stat. 347; R. S. 2459. U. S. v. Briggs, 9 How. 351.

SEC. 123. The director of the geological survey shall, logical survey. under the Interior Department, have the direction of the geological survey and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain."

20 Stat. 394.