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appeal was not a perfected one, "yet in
ment for the tracts March 25, alleging setview of the evident intention of Ogg to Residence.—Pending a pre-emption claim, a tlement March 15, 1879, and gave notice appeal, and as his failure to do so is the party cannot make a homestead entry with of his intention to offer final proof before result of the action of his attorneys, I out abandoning his pre-emption claim. He the local officers November 29, 1881. The
cannot reside on two tracts at once. think the case should be considered by
printed notice described the land, through the appellate authority upon its merits.” SECRETARY TELLER to Commissioner Mc Far- no fault of his own, as lots 1, 2, and W. 1 In the latter case it was held that, “I
land, April 12, 1883.
of N. W. 1, and W. 1 of W. I of said secshould therefore be inclined to waive any technical objection on the ground of time, McConliss, from your decision of May 17, witnesses named in the notice appeared the fact being that he has proceeded with 1882, rejecting his application to enter before the local officers and testified; but, all possible diligence after being advised under the pre-emption law the S. W. 1 of by reason of sickness and distance from that his appeal had been considered de- Sec. 22, Tp. 12, R. 13 W., Salina, Kansas. the land office, Dieffenbacher was unable to fective." There being, therefore, no laches
It appears that McConliss filed declaraon the part of Carland sufficient to require tory statement for this tract July 21, al- appear before them, but made his final dismissal of his appeal, I decided the case leging settlement July 18, 1881, and made quent day, before a clerk of court outside in his favor upon the merits, and it is not the affidavit required by section 2262 of of the district in which the land is located. objected that, in this respect, there was the Revised Statutes, and also his final He is a qualified pre-emptor, has valuable error. The same reasons which induced proof, April 1, 1882, before a clerk of improvements, and has continuously remy disregard of alleged defects in the ap- court. He was authorized to make his sided on and cultivated the land except peal are still in force, and I find no cause final proof before such officer, but not his when absent, under the provisions of the for reconsideration of my decision. The affidavit, the section requiring that this be act of June 4, 1880, and there is no admotion is denied. made before the Register or Receiver of
verse claimant. the Land Office for the district in which
You reject this proof because the affidaUNLAWLUL ENCLOSURE.
the land is located; and the local officers vit and testimony of a pre-emptor on final DEPARTMENT OF THE INTERIOR,
rejected his proof because of the irregu-proof must be made before the local GENERAL LAND OFFICE,
larity and insufficiency of the affidavit. officers, but without prejudice to his WASHINGTON, D. C., April 5, 1883.
Were this the only question, McConliss rights when such proof is properly perTO REGISTERS AND RECEIVERS, United States would be permitted to perfect his proof fected. Land Offices, and Special Agents.
by a supplemental aflidavit, in accordance You are instructed to circulate the fol- with the requirement, there being no ad- of Equitable Adjudication, and your de
I think this a proper case for the Board lowing notice in your district : verse claimant.
cision is modified accordingly. NOTICE RELATIVE TO UNLAWFUL INCLOSURES It appears, however, that on February OF PUBLIC LANDS.
11, 1882, McConliss made a homestead enIn view of the numerous complaints of try upon another tract in a different town
TIMBER CULTURE. the unlawful inclosures of public lands for ship from that in which his pre-emption
JOHNSON BARKER. stock range purposes, and consequent im- claim was located, and that he had re- Affidavit-Supplemental Afidavit.-An affidavit pediment to settlements, all persons are sided on the homestead tract from the made as the basis of an entry while the land hereby notified as follows: date of such entry, and was residing
is under appropriation by a timber culture The public lands are open to settlement thereon when he made his pre-emption
entry cannot be received. And as an adverse
claim has intervened in this case, a suppleand occupation only under the public land proof; in other words, he was, from Feb
mental affidavit cannot be permitted. laws of the United States and any unauthor-ruary 11 to April 1, 1882, claiming lands SECRETARY TELLER to Commissioner Mc Farized appropriation of the same is trespass. under both the pre-emption and homestead
land, April 10, 1883. Such trespass is equally offensive to law laws, each of which requires residence on apd morals as if upon private property.
I have considered the appeal of Johnson the respective tracts embraced thereby. Barker from your decision of May 9, 1882, The fencing of large bodies of public He was not required to commence resi- holding for cancellation his timber culture land beyond that allowed by law is illegal, dence on his homestead tract until within entry made March 4, 1879, upon the S. E. and against the right of others, who de- six months from the date of his entry; of Sec. 25, Tp. 3, R. 23, Bloomington, sire to settle or graze their cattle on the but having done so immediately upon his Nebraska. inclosed tracts.
entry, he must be held to all the legal conUntil settlement is made, there is no sequences which result therefrom. One made timber culture entry of the tract,
It appears that one Jones formerly objection to grazing cattle or cutting hay claiming a pre-emption right must reside but failing in his efforts to comply with on Government land, provided the lands on the tract to the date of his entry, the law, relinquished it, intending, upon are left open to all alike.
homestead tract Graziers will not be allowed, on any pending the pre-emption. claim, is in the tract under the homestead law. His entry
cancellation of, his entry to re-enter the pretext whatever,' to fence the public nature of an abandonment of the latter. was canceled by your letter of February lands, and thus practically withdraw them He can not reside on the two tracts at the 21, 1879, but it does not appear when it from the operation of the settlement laws. same time.
was so noted on the local records, except This Department will interpose no ob- Your decision is affirmed.
that Barker was permitted to enter it jections to the destruction of these fences
March 4th, under an affidavit made before by persons who desire to make bona fide JOSEPH M. DIEFFENBACHER. a Notary Public, in the State of Nebraska, settlement on the inclosed tracts, but are Board of Equitable Adjudication Outside the March 3d, and it was therefore, presumprevented by the fences, or by threats, or District.--As the final proof and affidavit of ably, so noted prior to the date of his violence from doing so. The Government will take proper pro
court outside of the land district, his case will entry. Jones thereupon, March 10th, ap
be submitted to the Board. ceedings against persons unlawfully in
plied for a hearing to enable him to show closing tracts of public land whenever, SECRETARY TELLER to Commissioner Mc Far- that, on March 3d and 4th, Barker was after this notice, it shall appear that by
land, April 3, 1883.
actually resident in the State of Iowa, such inclosures they prevent settlements
I have considered the appeal of Joseph and did not and could not have made the
M. Dieffenbacher from your decision of affidavit on the day it purported to have on such lands by others who are entitled to make settlement under the public land May 15, 1882, rejecting his final proof for been made.
lots 1 and 2 (otherwise W. } of N. W. & The testimony shows that Barker went laws of the United States. N. C. McFARLAND, Commissioner.
and W. į of S. W. 1) of Sec. 32, Tp. 23, R. from Iowa into Nebraska the latter part
Kansas. DEPARTMENT OF THE INTERIOR, April 5, 1883. 25, Larned,
of January or early in February, and reApproved : H. M. TELLER, Secretary. Dieffenbacher filed declaratory state-' turned thence to Iowa between the 12th
and 20th of February, 1879, and there re-made was not composed exclusively of have the right to cut or employ others to mained until June following. It follows prairie lands or other lands devoid of tim- cut timber from the mineral lands of the either that he did not make the affidavit, ber, there is no requirement that the party United States for domestic uses. Mr. and that the jurat is false, or that he made contesting must be qualified to make entry, Bremen not having at that date actually it prior to cancellation of the former entry as in the first instance, as such contest is paid over to the Receiver of public moneys on the local records. Having been in in reality a matter between the Govern- the amount which he had previously of. Iowa from February 20th to June, le ment and the timber culture claimant; and fered, now claims that said ruling releases could not have made it in Nebraska on should the contest result in the cancella- him from any obligation to do so. WhereMarch 3d. The proof that he made it tion of the entry, the contestant, if duly upon you, directing attention to the fact prior to cancellation of the former entry, qualified, would have the preference right that Bremen’s alleged trespass was comalthough apparently made subsequently, of entry for the period of thirty days mitted prior to the passage of the act of is satisfactory, and, as held in the case of from the date of due notice of the cancel- June 3, 1878, and that said act does not Campbell (Copp, May, 1878), an affidavit, lation.
provide for the condonement of any acts as the basis of an entry, made while the By decision of the Hon. Secretary of of timber trespass committed prior to its land is under appropriation by a timber the Interior in the case of William Ehmen, passage, request of me a decision, whether culture entry cannot be received.
COPP's LAND OWNER, Vol. 9, p. 36, during or not persons committing such acts prior Except for Jones' application to enter said thirty days the tract or tracts in- to said date of June 3, 1878, should be the tract, Barker might be permitted to volved are in a state of reservation, sub- held accountable therefor, or whether the file a supplemental affidavit, and perfect|ject only to the entry of the contestant, rulings contained in my letter of May 25th his entry. But Jones' application must and no entry can intervene during said last should be applied in such cases, and be considered as an adverse claim which period on another portion of the same no further action taken. excludes such right.
section to defeat his right. See, also, the In answer to this, I have to say that I affirm your decision.
case of Haskins vs. Nichols, Copp's L. O., where the act complained of is such as, by
Vol. 9, p. 118, wherein the Hon. Secretary the act of 1878, would be lawful if done PREFERENCE RIGHTS.
rules regarding the preference right of a after that date, I see no propriety in now Timber Culture Contest—Non-compliance— Void contestant who has contested and pro- proceeding against the party for recovery.
at Inception—Thirty Days.—The contestant in cured the cancellation of an entry on the It is for you to ascertain, through the a timber culture case must show himself ground that it was illegal at inception. Register and Receiver, in all cases, whether qualified to make entry of the tract-except where it is claimed that the entry was illegal Secretary of the Interior in the case of as now existing.
By the decision of the Hon. Acting the alleged acts are in violation of the law the thirty days period of reservation by with- Henton vs. Howard, COPP's L. O., Vol. 9, Referring to the case of Mr. Bremen,
drawing or relinquishing his preference right. p. 170, a preference right when acquired, you say that the timber cut by him was COMMISSIONER MCFARLAND to Reg. and Rec., becomes a personal right to the contestant, cut “chiefly, if not all, from mineral lands Kirwin, Kansas, April 16, 1883. (J. W. B.) and said right is not transferable by as- of the United States." It is desirable
The Receiver in his letter of the 29th signment. Nor can the contestant, by that, in your reports, the question as to ultimo, submits the following: “Where withdrawing or waiving his right, permit whether the land from which timber is cut party has contested and obtained the can- any other party to make entry of the land is mineral or non-mineral should be clearly cellation of a timber culture entry for before the expiration of the thirty days of determined, and the reports made with non-compliance, can he come in person or reservation.
proper discrimination. by his attorney and withdraw his preference right to the same before the expira- TIMBER DEPREDATIONS. tion of the thirty days allowed in such
PRIVATE LAND CLAIMS.
M. W. BREMEN. cases?"
ANTON Chico. Preliminary to answering the above in- Prior to Act of 1878. Where the timber cutting; SECRETARY TELLER to Commissioner Mc Farquiry it must be observed :
such law, would be lawful if done after
land, February 19, 1883. Ist. That the preference right of a con- that date, the party complained of will not
I have considered the matter of the testant in a timber culture case, becomes be proceeded against.
land claim known as Anton Chico, Santa an established and a personal right only SECRETARY TELLER to Commissioner McFar- Fe district, New Mexico, on appeal alleged on the cancellation of an entry by his pro- LAND, March 26, 1883.
to have been presented in behalf of the curement. A party applying to contest, I have received yours of the 17th inst., claimants under Manuel Rivera from your except in a case where it is claimed that wherein you refer to the facts that there decision of August 10, 1881, holding that the timber culture entry was illegal at its have been presented for the consideration confirmation is to the “ Town of Anton inception, must show that he or she is of your office several cases of timber cut-Chico," and that patent should so run. qualified to make entry of the tract in dis- ting upon public mineral lands in New The record shows that the claim was pute, as without such showing the contes- Mexico, wherein the cutting ante-dates by presented to the United States Surveyortant has no standing. See circular letter several years the act of June 3, 1878, au- General of New Mexico in accordance of December 20, 1882, decision of Frank thorizing the citizens of Colorado, Nevada with the provisions of the eighth section Bundy's appeal. (COPP's L. O., Vol. 9, 198.) and the Territories to fell and remove tim- of the act of Congress approved July 22, There are doubtless many cases still out- ber on the public domain for mining and 1854 (10 Stat., 309), and was finally restanding or pending, where the allegations domestic purposes. You refer specifically ported by him to Congress and thereby are in substance non-compliance with the to the case of M. W. Bremen, who, from confirmed as No. 29, by the third section requirements of the law, regarding break- February, 1869, until sometime in the year of the act of June 21, 1860 (12 Stat., 71). ing, planting and cultivating; and in such 1876, cut one million, one hundred and I am of opinion that substantial justice cases, where the contestants were not qual-fifty thousand (1,150,000) feet of timber, would be done to all parties in interest by ified, at the time of initiating contests, to chiefly, if not all, from mineral lands of following the terms of the grant or judgmake entry under either the homestead the United States. In March, 1882, Bre- ment recorded, rather than by having reor the timber culture law, of the tracts men made proposition to settle by paying gard to the mere style of the case or derespectively contested, there are no pre- at the rate of one dollar per thousand feet, scription of the papers therein; and that ference rights.
which proposition was accepted by this patent should issue accordingly, citing the 2d. Where a timber culture entry is, or Department in April, 1882. On May, 1882, grant as in terms following: has been, contested on the ground that it this Department made a ruling to the effect To Manuel Rivera, and others, being was illegal at its inception, as for instance, that under the act of June 3, 1878, miners the thirty-six men to whom the grant was that the section in which the entry was and others inhabiting mining districts' made by Fecundo. Melgares, Governor,
SYNOPSIS OF ACTS OF CONGRESS.
May 2, 1822, their children, heirs, suc- ing the survey of the public lands of the lished on the range lines, the subdivisional cessors, and assigns as in said grant pro- United States, or such as have been will surveys were made in the above manner, vided, and which was confirmed as private fully or accidentally moved from their except that the east and west section lines, land claim No. 29, by act of Congress en- original position, have rendered the prep- instead of being closed upon the cortitled: "An act to confirm certain private aration of the following general rules nec-ners previously established on the east land claims in the Territory of New Mexessary, particularly as in a very large boundary of the township, were run due ico," approved June 21, 1860; subject to number of cases the immediate facts nec- east from the last interior section corner, all the provisions and conditions men-essary to a thorough and intelligent under- and new corners were erected at the points tioned and set forth in the decree granting standing are omitted. Moreover, surveys of intersection with the range
line. said tract of land as aforesaid, and the having been made under the authority of The method now in practice requires record of juridical possession, and other different acts of Congress, different results section lines to be initiated from the cordocuments accompanying the same, and have been obtained, and no special law ners on the south boundary of the townmade part of the report of Wm. Pelham, has been enacted by that anthority cover- ship, and to close on existing corners on Surveyor-General of New Mexico, on the ing and regulating the subject of the the east, north, and west boundaries of 15th of July, 1859, and to the rights of above-named inquiries. Hence the gen- the township, except when the north all persons claiming under said provisions eral rules here given must be considered boundary is a base line or standard parand conditions.
merely as an expression of the opinion of allel. Your decision is accordingly reversed. this office on the subject, based, however,
upon the spirit of the several acts of Con- The first enactment in regard to the surBLACKFEET INDIAN AGENCY SITE. gress authorizing the surveys, as con- veying of the public lands was an ordi
How this tract will be disposed of. strued by this office. When cases arise nance passed by the Congress of the ConSECRETARY TELLER to Commissioner Mc Far- which are not covered by these rules, and federation, May 20, 1785, prescribing the land, April 2, 1883.
the advice of this ofiice is desired, the mode for the survey of the Western TerI am in receipt of your letter of Febru- letter of inquiry should always contain a ritory," and which provided that said terary 23d last, touching the matter of the description of the particular corner with ritory should be divided into “ townships disposal of section 10, Tp. 24 N., R. 5 W., reference to the township, range, and sec- of six miles square, by lines running due Montana Territory, formerly the site of tion of the public surveys, to enable this north and south, and others crossing them the Blackfeet Indian Agency, and asking office to consult the record.
at right angles” as near as might be. that the Departmental instructions dated
To restore extinct boundaries of the It further provided that the first line August 20, 1878, be revoked.
public lands correctly, the surveyor must running north and south should begin on You recommend that you be authorized, have some knowledge of the manner in the Ohio River, at a point due north from in the event of the land being found to be which townships were subdivided by the the western terminus of a line run as the in the condition indicated by the several several methods authorized by Congress. south boundary of the State of Pennsylreports and letters referred to by you, to Without this knowledge he may be greatly vania, and the first line running east and dispose of the same, pursuant to general embarrassed in the field, and is liable to west should begin at the same point, and laws governing the disposal of the public make mistakes invalidating his work, and extend through the whole territory. In lands.
leading eventually to serious litigation. these initial surveys only the exterior While there does not appear to have It is believed that the following synopsis lines of the townships were surveyed, but been any assessed valuation of the premises, of the several acts of Congress regulating the plats were marked by subdivisions into as suggested in said letter of instructions, the surveys of the public lands will be of sections of one mile square, numbered I think the manifest intent of the same service to county surveyors and others, from 1 to 36, commencing with No. 1 in was that said land should be offered at and will help to explain many of the diffi- the southeast corner of the township, and public sale to the highest bidder in the culties encountered by them in the settle- running from south to north in each tier event of default in payment within ninety ment of such questions.
to No. 36 in the northwest corner of the days from date of notification therefor, The differences resulting from Congres- township; mile corners were established by the parties claiming pre-emption rights. sional legislation at different periods re- on the township lines. The region em
Inasmuch as it is evident in the light sulted in two sets of corners being estab- braced by the surveys under this law forms of said reports that the opportunity to lished on township lines at one time; at a part of the present State of Ohio, and is sell said premises pursuant to the provi- another time three sets of corners were es- generally known as “the Seven Ranges." sions of sections 2122–23 Revised Statutes tablished on range lines, while the system The Federal Congress passed a law, aphas been lost, I am of the opinion that now in operation makes but one set of cor- proved May 18,1796, in regard to surveying the most practicable disposition that can ners on township boundaries, except on the public domain, and a pplied to "the terbe made of said section would be to offer standard lines, i. e., base and correction ritory north west of the Ohio River, and the same for sale at public auction after lines, and in some exceptional cases. above them south of the Kentucky River." due advertisement of notice thereof for The following brief explanation of the Section 2, of said act, provided for dithirty days in a newspaper published near- modes which have been practiced will be viding such lands as had not been already est to the tract, at a rate not less than $1.25 of service to all who may be called upon surveyed or disposed of," by north and per acre, and if no sale should be effected, to restore obliterated boundaries of the south lines run according to the true to throw the land open to settlement public land surveys:
meridian, and by others crossing them at under general laws.
Where two sets of corners were estab- right angles, so as to form townships of 6 lished on township boundaries, one set miles square," etc. It also provided that
was planted at the time the exteriors were el" one-half of said townships, taking them SURVEYS.
run, those on the north boundary belong- alternately, should be subdivided into secRESTORATION OF LOST AND OBLITERATED ing to the sections and quarter sections tions containing, as nearly as may be, 640 CORNERS.
north of said line, and those on the west acres each, by running parallel lines DEPARTMENT OF THE INTERIOR,
boundary belonging to the sections and through the same each way at the end of GENERAL LAND OFFICE, quarter sections west of that line. The every two miles, and marking a corner on Washington, D. C., March 13, 1883. other set of corners was established each of said lines at the end of every mile." The increasing number of letters from when the township was subdivided. This The act also provided that “the sections county and local surveyors received at method, as stated, resulted in the estab- shall be numbered, respectively, beginning this office, making inquiry as to the proper lishment of two sets of corners on all four with the number one in the northeast secmethod of restoring to their original sides of the townships.
tion, and proceeding west and east alterposition lost or obliterated corners mark- Where three sets of corners were estab-'nately through the township, with pro
gressive numbers till the thirty-sixth be as possible " equidistant from those two These two acts last mentioned provided completed.” This method of numbering corners which stand on the same line."| that the corners and contents of half quarsections is still in use.
This act further provides that “the boun- ters and quarter quarter sections should An act amendatory of the foregoing, ap- dary lines actually run and marked ” (in be ascertained as nearly as possible in the proved May 10, 1800, required the " town- the field) “shall be established as the manner and on the principles prescribed in ships west of the Muskingum, which are proper boundary lines of the sections or the act of Congress approved Feb. 11, 1805. directed to be sold in quart townships, subdivisions for which they were intended; From the foregoing synopsis of Conbe subdivided into half sections of 320 and the length of such lines as returned gressional legislation, it is evidentacres each, as nearly as may be, by run- by the surveyors shall be held and consid 1st. That the boundaries of the public ning parallel lines through the same from ered as the true length thereof, and the lands established and returned by the duly east to west, and from north to south, at boundary lines which shall not have been appointed Government surveyors, when the distance of one mile from each other, actually run and marked as aforesaid shall approved by the surveyors general and acand marking corners, at the distance of be ascertained by running straight lines cepted by the Government, are unchangeeach half mile on the lines running east from the established corners to the oppo-able. and west, and at the distance of each mile site corresponding corners, but in those 20. That the original township, section, on those running from south to north. fractional townships where no such oppo- and quarter section corners established by And the interior lines of townships inter- site or corresponding corners have been or the Government surveyors must stand as sected by the Muskingum, and of all town- can be fixed, the said boundary line shall the true corners which they were intended ships lying east of that river, which have be ascertained by running from the estab- to represent, whether the corners be in not been heretofore actually subdivided lished corners due north and soutlı, or east place or not. into sections, shall also be run and marked. and west, as the case may be, to the external 3d. That quarter quarter corners not esAnd in all cases where the exterior lines boundary of such fractional township." tablished by the Government surveyors of the townships thus to be subdivided The act of Congress approved April 24, must be planted equidistant and on line beinto sections or half sections shall exceed, 1820, provides for the sale of public lands tween the quarter section and section or shall not extend six miles, the excess in half quarter sections, and requires“ that corner. or deficiency shall be specially noted, and in every case of the division of a quarter 4th. That all subdivisional lines of a added to or deducted from the western or section the line for the division thereof section must be straight lines, running northern ranges of sections or half sec- shall run north and south, and fractional from the proper corner in one exterior tions in such township, according as the sections, containing 160 acres and upwards, line to its opposite corresponding corner error may be in running the lines from shall in like manner, as nearly as practic- in the opposite exterior line. east to west or from south to north.” able, be subdivided into half quarter sec 5th. That in fractional sections where Said act also provided that the northern tions, under such rules and regulations as no opposite corresponding corner has been and western tier of sections should be sold may be prescribed by the Secretary of the or can be established, any required subdias containing only the quantity expressed Treasury; but fractional sections, contain-vision line of such section must be run on the plats, and all others as containing ing less than 160 acres, shall not be divided." from the proper original corner in the the complete legal quantity.
The act of Congress approved April boundary line due east and west, or north The act approved June 1, 1796,"regu- 24, 1824, provides“ that whenever, in the and south, as the case may be, to the lating the grants of land appropriated for opinion of the President of the United water-course, Indian reservation, or other military services," etc., provided for divid- States, a departure from the ordinary exterior boundary of such section. ing the “ Virginia Military Tract," in the mode of surveying land on any river, From the foregoing it will be plain that State of Ohio, into townships 5 miles lake, bayou, or water course would pro-extinct corners of the Government surveys square, each to be subdivided into quarter mote the public interest, he may direct the must be restored to their original locatownships containing 4,000 acres.
surveyor general in whose district such tions, whenever it is possible to do so; Section 6 of the act approved March 1, land is situated, and where the change is and hence resort should always be first 1800, amendatory of the foregoing act, en- intended to be made, under rules and had to the marks of the survey in the acted that the Secretary of the Treasury regulations as the President may pre- field. The locus of the missing corner was authorized to subdivide the quarter scribe, to cause the lands thus situated to should be first identified on the ground townships into lots of 100 acres, bounded be surveyed in tracts of two acres in by the aid of the mound, pits, line trees, as nearly as practicable by parallel lines width, fronting on any river, bayou, lake, bearing trees, etc., described in the field 160 perches in length by 100 perches in or water course, and running back the notes of the original survey. width. These subdivisions into lots, how-depth of forty acres.”
The identification of mounds, pits, and ever, were made upon the plats in the The act of Congress approved April 5, witness trees, or other objects noted in the office of the Secretary of the Treasury, 1832, directed the subdivision of the pub- field notes of survey, afford the best means and the actual survey was only made at a lic lands into quarter quarters; that in of re-locating the missing corner in its subsequent time when a sufficient number every case of the division of a half quarter original position. If this cannot be done, of such lots had been located to warrant section the dividing line should run east clear and unquestioned testimony as to the survey. It thus happened in some in- and west, and that fractional sections the locality it originally occupied should stances, that when the survey came to be should be subdivided, under rules and be taken, if such can be at all obtained. made the plat and survey could not be regulations prescribed by the Secretary of In any event, whether the locus of the cormade to agree, and that fractional lots on the Treasury. Under the latter provision ner be fixed by the one means or the other, plats were entirely crowded out. A the Secretary directed that fractional sec- such locus should always be tested and knowledge of this fact may explain some tions containing less than 160 acres, or the proven by measurements to known corners. of the difficulties met with in the district residuary portion of a fractional section, No definite rule can be laid down as to thus subdivided.
after the subdivision into as many quarter what shall be sufficient evidence in such The act of Congress approved February quarter sections as it is susceptible of, may cases, and much must be left to the skill, 11, 1805, directs the subdivision of the be subdivided into lots, each containing the fidelity, and good judgment of the surveyor public lands into quarter quarter sections, quantity of a quarter quarter section in the performance of his work. and provides that all corners marked in nearly as practicable, by so laying down Where retracements of lines have to be the field shall be established as the proper the line of subdivision that they shall be made for the purpose of either testing the corners of the sections or quarter sections 20 chains wide, which distances are to be re-location of a missing corner, or by direct which they were intended to designate, marked on the plat of subdivision, as are measurement between known corners inand that corners of half and quarter sec. also the areas of the quarter quarters and tersecting at the point sought to be retions not marked shall be placed as nearly residuary fractions.
established, it will almost invariably hap
pen that a difference of measurement is tion, by intersection with the line previ- lishment of lost corners of any descripdeveloped between the original measure- ously run north and south, will then be tion. Sight trees described in the field ment, as stated in the field-notes, and the laid off in the direction required from the notes, together with the recorded distances new measurement made for the purpose of temporary corner, and a permanent corner to same, when fully identified, will, it has re-establishment or proof. When these established at such point, marked and wit- been held, govern the line itself, even differences occur, the surveyor must in nessed as in the foregoing case.
when not in a direct or straight line beall cases re-establish or prove his corners 3. Re-establishment of corners common tween established corners, which line is at intervals proportionate to those given to two townships. The two nearest known then necessarily a broken line by passing in the field notes of the original survey. corners on the township line, the same not through said sight trees. Such trees, From this rule there can be no departure, being a base or a correction line, will be when in existence and properly identified since it is the basis upon which the whole connected as in case No. 1, by a right line, beyond a question of doubt, will very maoperation depends for accuracy and truth. and the missing corner established by pro- terially assist in evidencing the correct re
portionate distance as directed in that location of a missing corner. It is greatly TO RESTORE LOST OR OBLITERATED CORNERS.
case; the location thus found will be to be regretted that the earlier field notes 1. To restore corners on base and correc- checked upon by measurements to nearest of survey are so very meager in the notation lines.-Run a right line between the known section or quarter section corners tion of the topography found on the orignearest existing corners on such line, north and south, or east and west, of the inal line, which might in very many inwhether base or correction line, which township line as the case may be. stances materially lessen a surveyor's corners must, however, be fully identified, 4. Re-establishment of closing corners. labors in retracement of lines and re-staband at the point proportionate to the dis- Measure from the quarter section, section lishment of the required missing corner. tance given in the field notes of the ori- or township corner east or west, as the. In the absence of such sight trees and ginal survey, establish a new corner. This case may be, to the next preceding or suc- other evidences regarding the line, as in point should be verified by measurements ceeding corner in the order of original an open country, or where such evidence to the nearest known corners north or establishment, and re-establish the missing has been destroyed by time, the elements, south of the base or correction line, or both. closing corner by proportionate measure- or the progress of improvement, the line
Where several corners are missing be- ment. The line upon which the closing connecting the known corners should be tween the corners to be connected, as di- corner was originally established should run straight from corner to corner. rected above, their location will be deter- always be remeasured, in order to check 6. Re-establishment of quarter section mined upon the same principle and in the upon the correctness of the new location. corners on township boundaries. Only one same manner; that is to say, the original 5. Re-establishment of interior section set of quarter section corners are actually distance of the entire line between the corners.- This class of corners should be marked in the field on township lines, and recognized corners is to the entire distance re-established in the same manner as cor- they are established at the time when the remeasured between the same corners, as ners common to four townships. In such township exteriors are run. When double the original distance of the first, second, cases, when a number of corners are miss-section corners are found, the quarter secthird, etc., interval of the original survey ing on all sides of the one sought to be re- tion corners are considered generally as is to the new distance to be laid off for the established, the entire distance must, of standing midway between the corners of corresponding new interval. After having course, be remeasured between the near their respective sections, and when rechecked each new location by measure- est existing recognized corners both north quired to be established or re-established, ment to the nearest known corners north and south and east and west, in accor- as the case may be, they should be generor south of the line, new corners will be dance with the rule laid down, and the ally so placed; but great care should be established permanently, and new bearings new corner re-established by proportionate exercised not to mistake the corners of and measurements taken to prominent ob- measurement. The mere measurement in one section for those of another. After jects, which should be of as permanent a any one of the required directions will not determining the proper section corners character as possible, and the same re- suflice, since the direction of the several marking the line upon which the missing corded for future reference.
section lines running northwards through quarter section corner is to be re-estabAs has been observed, no existing origi- a township, or running east and west, are lished, and measuring said line, the missnal corner can be disturbed, and it will only in the most exceptional cases true ing quarter section corner will be re-estabbe plain that any excess or deficiency in prolongations of the alignment of the sec- lished in accordance with the requirements measurements between existing corners tion lines initiated on the south boundary of the original field notes of survey by cannot in any degree affect the distances of the township; while the east and west proportionate measurement between the beyond said existing corners, but must be lines running through the township, and section corners marking the line. added or subtracted proportionately to theoretically supposed to be at right
Where there are double sets of section or from the intervals embraced between angles with the former, are seldom in that corners on township and range lines, the corners which are still standing. condition, and the alignment of the clos- and the quarter section corners for sec
2. Re-establishment of township corners ing lines on the east and west boundaries tions south of the township or east of the common to four townships.-Inasmuch as of the township, in connection with the in- range lines are required to be established township lines are sometimes run in a di- terior section lines, even less seldom in in the field, the said quarter section correction not true north and south, or east accord. Moreover, the alignment of the ners should be so placed as to suit the caland west, a line should first be run con- section line itself from corner to corner, culation of areas of the quarter sections necting the nearest known corners on the in point of fact, also very frequently di- adjoining the township boundaries as exnorth and south township lines, and a tem-verges from a right line, although pre-pressed upon the official township plat, porary corner established at the propor-sumed to be so from the record contained adopting proportionate measurements tionate distance. This will establish the in the field notes and so designated on the when the present measurements of the location of the township corner only so far plats, and become either a broken or a north and west boundaries of the section as its relative position north and south is curved line. This fact will be determined, differ from the original measurements. concerned. The nearest known corners on in a timbered country, by the blazes which 7. Re-establishment of quarter section the east and west township lines will then may be found upon trees on either side of corners on section lines closing upon the be connected in the same manner, inde- the line; and although such blazed line north and west township boundaries.—This pendent of the temporary corner previ- will not strictly govern as to the absolute class of corners must be re-established acously set, and the proportionate point direction assumed by such line, it will as- cording to the original measurement at determined in that direction; any differ- sist very materially in determining its ap- forty chains from the last interior section ence east or west of the temporary corner proximate direction, and should never be corner. If the measurements do not which may be developed by the last opera-' neglected in retracements for the re-estab-'agree with the original survey,