appeal was not a perfected one, "yet in view of the evident intention of Ogg to appeal, and as his failure to do so is the result of the action of his attorneys, I think the case should be considered by the appellate authority upon its merits." In the latter case it was held that, "I should therefore be inclined to waive any technical objection on the ground of time, the fact being that he has proceeded with all possible diligence after being advised that his appeal had been considered defective." There being, therefore, no laches on the part of Carland sufficient to require dismissal of his appeal, I decided the case in his favor upon the merits, and it is not objected that, in this respect, there was The same reasons which induced my disregard of alleged defects in the appeal are still in force, and I find no cause for reconsideration of my decision. The error. motion is denied. UNLAWLUL ENCLOSURE. NOTICE RELATIVE TO UNLAWFUL INCLOSURES In view of the numerous complaints of the unlawful inclosures of public lands for stock range purposes, and consequent impediment to settlements, all persons are hereby notified as follows: RUFUS MCCONLISS. Residence.-Pending a pre-emption claim, a SECRETARY TELLER to Commissioner Me Far- ment for the tracts March 25, alleging settlement March 15, 1879, and gave notice of his intention to offer final proof before the local officers November 29, 1881. The printed notice described the land, through no fault of his own, as lots 1, 2, and W. of N. W. 4, and W. of W. of said secI have considered the appeal of Rufus tion. On the designated day two of the McConliss, from your decision of May 17, witnesses named in the notice appeared 1882, rejecting his application to enter before the local officers and testified; but, under the pre-emption law the S. W. of by reason of sickness and distance from Sec. 22, Tp. 12, R. 13 W., Salina, Kansas. the land office, Dieffenbacher was unable to It appears that McConliss filed declaraappear before them, but made his final tory statement for this tract July 21, al- affidavit and personal proof on a subseleging settlement July 18, 1881, and made quent day, before a clerk of court outside the affidavit required by section 2262 of of the district in which the land is located. the Revised Statutes, and also his final He is a qualified pre-emptor, has valuable proof, April 1, 1882, before a clerk of improvements, and has continuously recourt. He was authorized to make his sided on and cultivated the land except final proof before such officer, but not his when absent, under the provisions of the affidavit, the section requiring that this be act of June 4, 1880, and there is no admade before the Register or Receiver of the Land Office for the district in which verse claimant. the land is located; and the local officers vit and testimony of a pre-emptor on final verse claimant. It appears, however, that on February 11, 1882, McConliss made a homestead entry upon another tract in a different township from that in which his pre-emption claim was located, and that he had resided on the homestead tract from the date of such entry, and was residing The public lands are open to settlement thereon when he made his pre-emption and occupation only under the public land proof; in other words, he was, from Feblaws of the United States,and any unauthor-ruary 11 to April 1, 1882, claiming lands ized appropriation of the same is trespass. under both the pre-emption and homestead Such trespass is equally offensive to law laws, each of which requires residence on and morals as if upon private property. The fencing of large bodies of public land beyond that allowed by law is illegal, and against the right of others, who desire to settle or graze their cattle on the inclosed tracts. Until settlement is made, there is no objection to grazing cattle or cutting hay on Government land, provided the lands are left open to all alike. Graziers will not be allowed, on any pretext whatever, to fence the public lands, and thus practically withdraw them from the operation of the settlement laws. This Department will interpose no objections to the destruction of these fences by persons who desire to make bona fide settlement on the inclosed tracts, but are prevented by the fences, or by threats, or violence from doing so. The Government will take proper proceedings against persons unlawfully inclosing tracts of public land whenever, after this notice, it shall appear that by such inclosures they prevent settlements on such lands by others who are entitled to make settlement under the public land laws of the United States. N. C. MCFARLAND, Commissioner. DEPARTMENT OF THE INTERIOR, April 5, 1883. fected. of Equitable Adjudication, and your de I think this a proper case for the Board cision is modified accordingly. TIMBER CULTURE. Affidavit-Supplemental Affidavit.—An affidavit I have considered the appeal of Johnson Barker from your decision of May 9, 1882, holding for cancellation his timber culture entry made March 4, 1879, upon the S. E. of Sec. 25, Tp. 3, R. 23, Bloomington, Nebraska. the respective tracts embraced thereby. Your decision is affirmed. JOSEPH M. DIEFFENBACHER. be submitted to the Board. SECRETARY TELLER to Commissioner McFar- I have considered the appeal of Joseph Dieffenbacher filed declaratory state the law, relinquished it, intending, upon cancellation of, his entry to re-enter the tract under the homestead law. His entry was canceled by your letter of February 21, 1879, but it does not appear when it was so noted on the local records, except that Barker was permitted to enter it March 4th, under an affidavit made before March 3d, and it was therefore, presuma Notary Public, in the State of Nebraska, ably, so noted prior to the date of his entry. Jones thereupon, March 10th, applied for a hearing to enable him to show that, on March 3d and 4th, Barker was actually resident in the State of Iowa, and did not and could not have made the affidavit on the day it purported to have been made. The testimony shows that Barker went from Iowa into Nebraska the latter part of January or early in February, and returned thence to Iowa between the 12th and 20th of February, 1879, and there remained until June following. It follows either that he did not make the affidavit, and that the jurat is false, or that he made it prior to cancellation of the former entry on the local records. Having been in Iowa from February 20th to June, he could not have made it in Nebraska on March 3d. The proof that he made it prior to cancellation of the former entry, although apparently made subsequently, is satisfactory, and, as held in the case of Campbell (Copp, May, 1878), an affidavit, as the basis of an entry, made while the land is under appropriation by a timber culture entry cannot be received. Except for Jones' application to enter the tract, Barker might be permitted to file a supplemental affidavit, and perfect his entry. But Jones' application must be considered as an adverse claim which excludes such right. I affirm your decision. PREFERENCE RIGHTS. Timber Culture Contest-Non-compliance-Void at Inception-Thirty Days.-The contestant in a timber culture case must show himself qualified to make entry of the tract-except where it is claimed that the entry was illegal at inception. The contestant cannot shorten the thirty days period of reservation by withdrawing or relinquishing his preference right. COMMISSIONER MCFARLAND to Reg. and Rec., Kirwin, Kansas, April 16, 1883. (J. W. B.) The Receiver in his letter of the 29th ultimo, submits the following: "Where party has contested and obtained the cancellation of a timber culture entry for non-compliance, can he come in person or by his attorney and withdraw his preference right to the same before the expiration of the thirty days allowed in such cases?" Preliminary to answering the above inquiry it must be observed: 1st. That the preference right of a contestant in a timber culture case, becomes an established and a personal right only on the cancellation of an entry by his procurement. A party applying to contest, except in a case where it is claimed that the timber culture entry was illegal at its inception, must show that he or she is qualified to make entry of the tract in dispute, as without such showing the contestant has no standing. See circular letter of December 20, 1882, decision of Frank Bundy's appeal. (Corp's L. O., Vol. 9, 198.) There are doubtless many cases still outstanding or pending, where the allegations are in substance non-compliance with the requirements of the law, regarding breaking, planting and cultivating; and in such cases, where the contestants were not qualified, at the time of initiating contests, to make entry under either the homestead or the timber culture law, of the tracts respectively contested, there are no preference rights. 2d. Where a timber culture entry is, or has been, contested on the ground that it was illegal at its inception, as for instance, that the section in which the entry was made was not composed exclusively of have the right to cut or employ others to prairie lands or other lands devoid of tim-cut timber from the mineral lands of the ber, there is no requirement that the party United States for domestic uses. Mr. contesting must be qualified to make entry, Bremen not having at that date actually as in the first instance, as such contest is paid over to the Receiver of public moneys in reality a matter between the Govern- the amount which he had previously of ment and the timber culture claimant; and fered, now claims that said ruling releases should the contest result in the cancella- him from any obligation to do so. Wheretion of the entry, the contestant, if duly upon you, directing attention to the fact qualified, would have the preference right that Bremen's alleged trespass was comof entry for the period of thirty days mitted prior to the passage of the act of from the date of due notice of the cancel- June 3, 1878, and that said act does not lation. provide for the condonement of any acts of timber trespass committed prior to its passage, request of me a decision, whether or not persons committing such acts prior to said date of June 3, 1878, should be held accountable therefor, or whether the rulings contained in my letter of May 25th last should be applied in such cases, and no further action taken. By decision of the Hon. Secretary of the Interior in the case of William Ehmen, COPP'S LAND OWNER, Vol. 9, p. 36, during said thirty days the tract or tracts involved are in a state of reservation, subject only to the entry of the contestant, and no entry can intervene during said period on another portion of the same section to defeat his right. See, also, the case of Haskins vs. Nichols, Copp's L. O., Vol. 9, p. 118, wherein the Hon. Secretary rules regarding the preference right of a contestant who has contested and procured the cancellation of an entry on the ground that it was illegal at inception. Secretary of the Interior in the case of By the decision of the Hon. Acting Henton vs. Howard, Copp's L. O., Vol. 9, p. 170, a preference right when acquired, becomes a personal right to the contestant, and said right is not transferable by assignment. Nor can the contestant, by withdrawing or waiving his right, permit any other party to make entry of the land before the expiration of the thirty days of reservation. TIMBER DEPREDATIONS. M. W. BREMEN. Prior to Act of 1878.-Where the timber cutting, prior to the act of June 3, 1878, is such as, by such law, would be lawful if done after that date, the party complained of will not be proceeded against. SECRETARY TELLER to Commissioner MCFARLAND, March 26, 1883. I have received yours of the 17th inst., wherein you refer to the facts that there have been presented for the consideration of your office several cases of timber cutting upon public mineral lands in New Mexico, wherein the cutting ante-dates by several years the act of June 3, 1878, authorizing the citizens of Colorado, Nevada and the Territories to fell and remove timber on the public domain for mining and domestic purposes. You refer specifically to the case of M. W. Bremen, who, from February, 1869, until some time in the year 1876, cut one million, one hundred and fifty thousand (1,150,000) feet of timber, chiefly, if not all, from mineral lands of the United States. In March, 1882, Bremen made proposition to settle by paying at the rate of one dollar per thousand feet, which proposition was accepted by this Department in April, 1882. On May, 1882, this Department made a ruling to the effect that under the act of June 3, 1878, miners and others inhabiting mining districts In answer to this, I have to say that where the act complained of is such as, by the act of 1878, would be lawful if done after that date, I see no propriety in now proceeding against the party for recovery. It is for you to ascertain, through the Register and Receiver, in all cases, whether as now existing. the alleged acts are in violation of the law Referring to the case of Mr. Bremen, you say that the timber cut by him was cut "chiefly, if not all, from mineral lands of the United States." It is desirable that, in your reports, the question as to whether the land from which timber is cut is mineral or non-mineral should be clearly determined, and the reports made with proper discrimination. PRIVATE LAND CLAIMS. SECRETARY TELLER to Commissioner McFarland, February 19, 1883 I have considered the matter of the land claim known as Anton Chico, Santa Fe district, New Mexico, on appeal alleged to have been presented in behalf of the claimants under Manuel Rivera from your decision of August 10, 1881, holding that confirmation is to the "Town of Anton Chico," and that patent should so run. The record shows that the claim was presented to the United States SurveyorGeneral of New Mexico in accordance with the provisions of the eighth section of the act of Congress approved July 22, 1854 (10 Stat., 309), and was finally reported by him to Congress and thereby confirmed as No. 29, by the third section of the act of June 21, 1860 (12 Stat., 71). I am of opinion that substantial justice would be done to all parties in interest by following the terms of the grant or judgment recorded, rather than by having regard to the mere style of the case or description of the papers therein; and that patent should issue accordingly, citing the grant as in terms following: To Manuel Rivera, and others, being the thirty-six men to whom the grant was made by Fecundo. Melgares, Governor, 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 Mex- essary, 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 authority 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. this office on the subject, based, however, Your decision is accordingly reversed. BLACKFEET INDIAN AGENCY SITE. I am in receipt of your letter of February 23d last, touching the matter of the disposal of section 10, Tp. 24 N., R. 5 W., Montana Territory, formerly the site of the Blackfeet Indian Agency, and asking that the Departmental instructions dated August 20, 1878, be revoked. You recommend that you be authorized, in the event of the land being found to be in the condition indicated by the several reports and letters referred to by you, to dispose of the same, pursuant to general laws governing the disposal of the public lands. SYNOPSIS OF ACTS OF CONGRESS. The first enactment in regard to the sur upon the spirit of the several acts of Con- To restore extinct boundaries of the It further provided that the first line While there does not appear to have been any assessed valuation of the premises, as suggested in said letter of instructions, I think the manifest intent of the same was that said land should be offered at public sale to the highest bidder in the event of default in payment within ninety days from date of notification therefor, The differences resulting from Congresby the parties claiming pre-emption rights. sional legislation at different periods reInasmuch as it is evident in the light sulted in two sets of corners being estabof said reports that the opportunity to lished on township lines at one time; at sell said premises pursuant to the provi- another time three sets of corners were essions of sections 2122-23 Revised Statutes tablished on range lines, while the system has been lost, I am of the opinion that now in operation makes but one set of corthe most practicable disposition that can ners on township boundaries, except on be made of said section would be to offer standard lines, i. e., base and correction the same for sale at public auction after lines, and in some exceptional cases. due advertisement of notice thereof for The following brief explanation of the thirty days in a newspaper published near-modes which have been practiced will be est to the tract, at a rate not less than $1.25 of service to all who may be called upon per acre, and if no sale should be effected, to restore obliterated boundaries of the to throw the land open to settlement public land surveys: under general laws. SURVEYS. RESTORATION OF LOST AND OBLITERATED DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., March 13, 1883. The increasing number of letters from county and local surveyors received at this office, making inquiry as to the proper method of restoring to their original position lost or obliterated corners mark from 1 to 36, commencing with No. 1 in the southeast corner of the township, and running from south to north in each tier to No. 36 in the northwest corner of the township; mile corners were established on the township lines. The region embraced by the surveys under this law forms a part of the present State of Ohio, and is generally known as "the Seven Ranges." The Federal Congress passed a law, approved May 18, 1796, in regard to surveying the public domain, and a pplied to "the territory northwest of the Ohio River, and above them south of the Kentucky River." Section 2, of said act, provided for dividing such lands as had not been already surveyed or disposed of, "by north and south lines run according to the true meridian, and by others crossing them at 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 one-half of said townships, taking them run, those on the north boundary belong- alternately, should be subdivided into secing to the sections and quarter sections tions containing, as nearly as may be, 640 north of said line, and those on the west acres each, by running parallel lines boundary belonging to the sections and through the same each way at the end of quarter sections west of that line. The every two miles, and marking a corner on other set of corners was established each of said lines at the end of every mile." when the township was subdivided. This The act also provided that "the sections method, as stated, resulted in the estab- shall be numbered, respectively, beginning lishment of two sets of corners on all four with the number one in the northeast secsides of the townships. tion, and proceeding west and east alterWhere three sets of corners were estab-nately through the township, with pro gressive numbers till the thirty-sixth be completed." This method of numbering sections is still in use. as possible "equidistant from those two These two acts last mentioned provided corners which stand on the same line." that the corners and contents of half quarThis 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 quarter 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 2d. 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 south, or east place or not. into sections, shall also be run and marked. and west, as the case may be, to the external And in all cases where the exterior lines boundary of such fractional township." of the townships thus to be subdivided into sections or half sections shall exceed, or shall not extend six miles, the excess or deficiency shall be specially noted, and added to or deducted from the western or northern ranges of sections or half sections in such township, according as the error may be in running the lines from east to west or from south to north." Said act also provided that the northern and western tier of sections should be sold as containing only the quantity expressed on the plats, and all others as containing the complete legal quantity. 3d. That quarter quarter corners not established by the Government surveyors must be planted equidistant and on line between the quarter section and section corner. The act of Congress approved April 24, 1820, provides for the sale of public lands in half quarter sections, and requires "that in every case of the division of a quarter 4th. That all subdivisional lines of a section the line for the division thereof section must be straight lines, running shall run north and south, and fractional from the proper corner in one exterior sections, containing 160 acres and upwards, line to its opposite corresponding corner shall in like manner, as nearly as practic- in the opposite exterior line. able, be subdivided into half quarter sections, under such rules and regulations as may be prescribed by the Secretary of the Treasury; but fractional sections, containing less than 160 acres, shall not be divided." The act of Congress approved April The act approved June 1, 1796, "regu- 24, 1824, provides "that whenever, in the lating the grants of land appropriated for opinion of the President of the United military services," etc., provided for divid-States, a departure from the ordinary ing the "Virginia Military Tract," in the mode of surveying land on any river, State of Ohio, into townships 5 miles lake, bayou, or water course would prosquare, each to be subdivided into quarter townships containing 4,000 acres. Section 6 of the act approved March 1, 1800, amendatory of the foregoing act, enacted that the Secretary of the Treasury was authorized to subdivide the quarter townships into lots of 100 acres, bounded as nearly as practicable by parallel lines 160 perches in length by 100 perches in width. These subdivisions into lots, how ever, were made upon the plats in the office of the Secretary of the Treasury, and the actual survey was only made at a subsequent time when a sufficient number of such lots had been located to warrant the survey. It thus happened in some instances, that when the survey came to be made the plat and survey could not be made to agree, and that fractional lots on plats were entirely crowded out. A knowledge of this fact may explain some of the difficulties met with in the district thus subdivided. The act of Congress approved February 11, 1805, directs the subdivision of the public lands into quarter quarter sections, and provides that all corners marked in the field shall be established as the proper corners of the sections or quarter sections which they were intended to designate, and that corners of half and quarter sections not marked shall be placed as nearly mote the public interest, he may direct the 5th. That in fractional sections where no opposite corresponding corner has been or can be established, any required subdivision line of such section must be run from the proper original corner in the boundary line due east and west, or north and south, as the case may be, to the water-course, Indian reservation, or other exterior boundary of such section. From the foregoing it will be plain that extinct corners of the Government surveys must be restored to their original locations, whenever it is possible to do so; and hence resort should always be first had to the marks of the survey in the field. The locus of the missing corner should be first identified on the ground by the aid of the mound, pits, line trees, bearing trees, etc., described in the field notes of the original survey. The identification of mounds, pits, and The act of Congress approved April 5, witness trees, or other objects noted in the 1832, directed the subdivision of the pub- field notes of survey, afford the best means lic lands into quarter quarters; that in of re-locating the missing corner in its every case of the division of a half quarter original position. If this cannot be done, section the dividing line should run east clear and unquestioned testimony as to and west, and that fractional sections the locality it originally occupied should should be subdivided, under rules and be taken, if such can be at all obtained. regulations prescribed by the Secretary of In any event, whether the locus of the corthe Treasury. Under the latter provision the Secretary directed that fractional sections containing less than 160 acres, or the residuary portion of a fractional section, after the subdivision into as many quarter quarter sections as it is susceptible of, may be subdivided into lots, each containing the quantity of a quarter quarter section nearly as practicable, by so laying down. the line of subdivision that they shall be 20 chains wide, which distances are to be marked on the plat of subdivision, as are also the areas of the quarter quarters and residuary fractions. ner be fixed by the one means or the other, such locus should always be tested and proven by measurements to known corners. No definite rule can be laid down as to what shall be sufficient evidence in such cases, and much must be left to the skill, fidelity, and good judgment of the surveyor in the performance of his work. Where retracements of lines have to be made for the purpose of either testing the re-location of a missing corner, or by direct measurement between known corners intersecting at the point sought to be reestablished, it will almost invariably hap pen that a difference of measurement is developed between the original measurement, as stated in the field-notes, and the new measurement made for the purpose of re-establishment or proof. When these differences occur, the surveyor must in all cases re-establish or prove his corners at intervals proportionate to those given in the field notes of the original survey. From this rule there can be no departure, since it is the basis upon which the whole operation depends for accuracy and truth. TO RESTORE LOST OR OBLITERATED CORNERS. 1. To restore corners on base and correction lines.—Run a right line between the nearest existing corners on such line, whether base or correction line, which corners must, however, be fully identified, and at the point proportionate to the distance given in the field notes of the original survey, establish a new corner. This point should be verified by measurements to the nearest known corners north or south of the base or correction line, or both. Where several corners are missing between the corners to be connected, as directed above, their location will be determined upon the same principle and in the same manner; that is to say, the original distance of the entire line between the recognized corners is to the entire distance remeasured between the same corners, as the original distance of the first, second, third, etc., interval of the original survey is to the new distance to be laid off for the corresponding new interval. After having checked each new location by measurement to the nearest known corners north or south of the line, new corners will be established permanently, and new bearings and measurements taken to prominent objects, which should be of as permanent a character as possible, and the same recorded for future reference. 3. Re-establishment of corners common to two townships.-The two nearest known corners on the township line, the same not being a base or a correction line, will be connected as in case No. 1, by a right line, and the missing corner established by proportionate distance as directed in that case; the location thus found will be checked upon by measurements to nearest known section or quarter section corners north and south, or east and west, of the township line as the case may be. tion, by intersection with the line previ-lishment of lost corners of any descripously run north and south, will then be tion. Sight trees described in the field laid off in the direction required from the notes, together with the recorded distances temporary corner, and a permanent corner to same, when fully identified, will, it has established at such point, marked and wit-been held, govern the line itself, even nessed as in the foregoing case. when not in a direct or straight line between established corners, which line is then necessarily a broken line by passing through said sight trees. Such trees, when in existence and properly identified beyond a question of doubt, will very materially assist in evidencing the correct relocation of a missing corner. It is greatly to be regretted that the earlier field notes of survey are so very meager in the notation of the topography found on the original line, which might in very many instances materially lessen a surveyor's 4. Re-establishment of closing corners.— labors in retracement of lines and re-stabMeasure from the quarter section, section lishment of the required missing corner. or township corner east or west, as the. In the absence of such sight trees and case may be, to the next preceding or suc- other evidences regarding the line, as in ceeding corner in the order of original an open country, or where such evidence establishment, and re-establish the missing has been destroyed by time, the elements, closing corner by proportionate measure- or the progress of improvement, the line ment. The line upon which the closing connecting the known corners should be corner was originally established should run straight from corner to corner. always be remeasured, in order to check 6. Re-establishment of quarter section upon the correctness of the new location. corners on township boundaries.-Only one 5. Re-establishment of interior section set of quarter section corners are actually corners.-This class of corners should be marked in the field on township lines, and re-established in the same manner as cor- they are established at the time when the ners common to four townships. In such township exteriors are run. When double cases, when a number of corners are miss-section corners are found, the quarter secing on all sides of the one sought to be re- tion corners are considered generally as established, the entire distance must, of standing midway between the corners of course, be remeasured between the near- their respective sections, and when reest existing recognized corners both north quired to be established or re-established, and south and east and west, in accor- as the case may be, they should be generdance with the rule laid down, and the ally so placed; but great care should be new corner re-established by proportionate exercised not to mistake the corners of measurement. The mere measurement in one section for those of another. After any one of the required directions will not determining the proper section corners suffice, since the direction of the several marking the line upon which the missing section lines running northwards through quarter section corner is to be re-estaba township, or running east and west, are lished, and measuring said line, the missonly in the most exceptional cases true ing quarter section corner will be re-estabprolongations of the alignment of the sec-lished in accordance with the requirements tion lines initiated on the south boundary of the original field notes of survey by of the township; while the east and west proportionate measurement between the lines running through the township, and section corners marking the line. theoretically supposed to be at right Where there are double sets of section angles with the former, are seldom in that corners on township and range lines, condition, and the alignment of the clos- and the quarter section corners for sec2. 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 rection not true north and south, or east accord. Moreover, the alignment of the and west, a line should first be run con- section line itself from corner to corner, necting the nearest known corners on the in point of fact, also very frequently dinorth and south township lines, and a tem- verges from a right line, although preporary corner established at the propor- sumed to be so from the record contained tionate distance. This will establish the in the field notes and so designated on the location of the township corner only so far plats, and become either a broken or a as its relative position north and south is curved line. This fact will be determined, 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, the excess As has been observed, no existing original corner can be disturbed, and it will be plain that any excess or deficiency in measurements between existing corners cannot in any degree affect the distances beyond said existing corners, but must be added or subtracted proportionately to or from the intervals embraced between the corners which are still standing. in the field, the said quarter section corners should be so placed as to suit the calculation of areas of the quarter sections adjoining the township boundaries as expressed upon the official township plat, adopting proportionate measurements when the present measurements of the north and west boundaries of the section differ from the original measurements. |