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ship in the aggregate, as respects the face of the country, its soil and geclogical features, timber, minerals, waters, &c.
SWAMP LANDS. By the Act of Congress approved September 28, 1850, swamp and overflowed lands "unfit for cultivation,” are granted to the State in which they are situated. In order clearly to define the quantity and locality of such lands, the field notes of surveys, in addition to the other objects of topography required to be noted, are to indicate the points at which you enter all lands which are evidently subject to such grant, and to show the distinctive character of the land so noted; whether it is a swamp or marsh, or otherwise subject to inundation to an extent that, without artificial means, would render it "unfit for cultivation.” The depth of inundation is to be stated, as determined from indications on the trees where timber exists; and its frequency is to be set forth as accurately as may be, either from your own knowledge of the general character of the stream which overflows, or from reliable information to be obtained from others. The words "unfit for cultivation," are to be employed in addition to the usual phraseology in regard to entering or leaving such swamps, marshy, or overflowed lands. It may be that sometimes the margin of bottom, swamp, or marsh, in which such uncultivable land exists, is not identical with the margin of the body of land “unfit for cultivation;" and in such cases a separate entry must be made for each, opposite the marginal distance at which they respectively occur.
But in case where lands are overflowed by artificial means, (say by dams for milling, logging, or for other purposes, you are not officially to regard such overflow, but will continue your lines across the same without setting meander posts, stating particularly in the notes the depth of the water, and how the overflow was caused.
SPECIAL INSTRUCTION RESPECTING THE NOTING OF SETTLERS' CLAIMS
IN OREGON, WASHINGTON, AND NEW MEXICO. The law requires that such claims should be laid down temporarily on the township plats; in order to do which, it is indispensably necessary to obtain, to some extent, connections of these claims with the lines of survey. Under the head of “intersection by line of land objects," the deputy is required to note the points in line whereat it may be intersected by such claims; but, in addition thereto, there must be obtained at least one angle of each claim, with its course and distance either from the point of intersection, or from an established corner boundary, so that its connection with the regular survey will be legally determined. If the settler's dwelling or barn is visible from line, the bearings thereof should be carefully taken from two points noted on line, and set forth in the field notes.
AFFIDAVITS TO FIELD NOTES. At the close of the notes and the general description, is to follow an affidavit, a form for which is given; and to enable the deputy-surveyor fully to understand and appreciate the responsibility under which he is acting, his attention is invited to the provisions of the second section of the Act of Congress, approved August 8, 1846, entitled “An act to equalize the compensation of the Surveyor-General of the public lands of the United States, and for other purposes, and which is as follows:
66 Sec. 2. That the Surveyors-General of the public lands of the United States, in addition to the oath now authorized by law to be administered to deputies on their appointment to office, shall require each of their deputies, on the return of his surveys, to take and subscribe an oath or affirmation that those surveys have been faithfully and correctly executed according to law and the instructions of the Surveyor-General; and on satisfactory evidence being presented to any court of competent jurisdiction, that such surveys, or any part thereof, had not been thus executed, the deputy making such false oath or affirmation shall be deemed guilty of perjury, and shall suffer all the pains and penalties attached to that offence; and the district-attorney of the United States for the time being, in whose district any such false, erroneous, or fraudulent surveys shall have been executed, shall, upon the application of the proper Surveyor-General, immediately institute suit upon the bond of such deputy; and the institution of such suit shall act as a lien upon any property owned or held by such deputy, or his sureties, at the time such suit was instituted.”
Following the “general description" of the township, is to be “A list of the names of the individuals employed to assist in running, measuring and marking the lines and corners described in the foregoing field notes of township No. of the base line of range No. of the meridian, showing the respective capacities in which they acted.”
FORM OF OFFICIAL OATHS TO BE TAKEN PRIOR TO ENTERING UPON
For a deputy surveyor. I, A. B., having been appointed a deputy-surveyor of the lands of the United States in , do solemnly swear (or affirm) that I will well and faithfully, and to the best of my skill and ability, execute the duties confided to me pursuant to a contract with C. D., Surveyor-General of public lands in
bearing date the day of — , 185–, according to the laws of the United States and the instructions received from the said Surveyor-General.
(To be sworn and subscribed before a justice of the peace, or other officer authorized to administer oaths.)
For chainman. I, E. F., do solemnly swear (or affirm) that I will faithfully execute the duties of chain carrier; that I will level the chain upon uneven ground, and plumb the tally pins, whether by sticking or dropping the same; that I will report the true distance to all notable objects, and the true length of all lines that I assist in measuring, to the best of my skill and ability.
(To be sworn and subscribed as above.)
For flagman or axeman. I, G. H., do solemnly swear (or affirm) that I will well and truly perform the duties of “ , according to instructions given me, and to the best of my skill and ability.
(To be sworn and subscribed as above.)
EXTERIORS OR TOWNSHIP LINES.
The principal meridian, the base line and the standard parallels having been first run, measured, and marked, and the corner boundaries thereon established, according to instructions, the process of running, measuring, and marking the exterior lines of townships will be as follows :
Townships situated north of the base line, and west of the principal meri
dian. Commence at No. 1, (see figures on diagram A,) being the southwest corner of township 1 north, range 1, west, as established on the base line; thence north, on a true meridian line, four hundred and eighty chains, establishing the section and quarter section corners thereon, as per instructions, to No. 2, whereat establish the corner of townships 1 and 2 north, ranges 1 and 2, west; thence east, on a random or trial line, setting temporary section and quarter section stakes, to No. 3, where measure and note the distance at which the line intersects the eastern boundary, north or south of the true or established corner. Run and measure westward, on the true line, (taking care to note all the land and water crossings, &c., as per instructions,) to No. 4, which is identical with No. 2, establishing the section and quarter section permanent corners on said line. Should it happen, however, that such random line falls short, or overruns in length, or intersects the eastern boundary of the township at more than three chaids and fifty links distance from the true corner thereon, as compared with the corresponding boundary on the south, (either of which would indicate an important error in the surveying,) the lines must be retraced, even if found necessary to remeasure the meridianal boundaries of the township, (especially the western boundary,) so as to discover and correct the error; in doing which, the true corners must be established and marked, and the false ones destroyed and obliterated, to prevent confusion in future; and all the facts must be distinctly set forth in the notes. Thence proceed in a similar manner from No. 4 to No. 5, No. 5 to No. 6, No. 6 to No. 7, and so on to No. 10, the southwest corner of township 4 north, range 1, west. Thence north, still on a true meridian line, establishing the mile and half-mile corners, until reaching the standard parallel or correction line; throwing the excess over, or deficiency under, four hundred and eighty chains, on the last half-mile, according to law, and at the intersection establishing the "closing corner," the distance of which from the standard corner must be measured and noted as required by the instructions. But should it ever so happen that some impassable barrier will have prevented or delayed the extension of the standard parallel along and above the field of present
subject to correction thereafter, should such parallel be extended.
North of the base line, and east of the principal meridian. Commence at No. 1, being the southeast corner of township 1 north, range 1, east, and proceed as with townships situated “north and west," except that the random or trial lines will be run and measured west, and the true lines east, throwing the excess over or deficiency under four bundred and eighty chains on the west end of the line, as required by law; wherefore the surveyor will commence his measurement with the length of the deficient or excessive half section boundary on the west of the town
ship, and thus the remaining measurements will all be even miles and halfmiles.
1. The first mile, both of the south and east boundaries of each township you are required to subdivide, is to be carefully traced and measured before you enter upon the subdivision thereof. This will enable you to observe any change that may have taken place in the magnetic variation, as it existed at the time of running the township lines, and will also enable you to compare your chaining with that upon the township lines.
2. Any discrepancy, arising either from a change in the magnetic variation or a difference in measurement, is to be carefully noted in the field potes.
3. After adjusting your compass to a variation which you have thus found will retrace the eastern boundary of the township, you will commence at the corner to sections 35 and 36, on the south boundary, and run a line due north, forty chains, to the quarter section corner which you are to establish between sections 35 and 36; continuing due north, forty chains further, you will establish the corner to sections 25, 26, 35 and 36.
4. From the section corner last named, run a random line, without blazing, due east, for corner of section 25 and 36, in east boundary, and at forty chains from the starting point set a post for temporary quarter section corner. If you intersect exactly at the corner, you will blaze your random line back, and establish it as the true line; but if your random line intersects the said east boundary, either north or south of said corner, you will measure the distance of such intersection, from which you will calculate a course that will run a true line back to the corner from which your raudom started. You will establish the permanent quarter section corner at a point equidistant from the two terminations of the true line.
5. From the corner of sections 25, 26, 35, 36, run due north between sections 25 and 26, setting the quarter section post, as before, at forty chains, and at eighty chains establishing the corner of sections 23, 24, 25, 26. Then run a random due east for the corner of sections 24 and 25 in east boundary; setting temporary quarter section post at forty chains ; correcting back, and establishing permanent quarter section corner at the equidistant point on the true line, in the manner directed on the line between sections 25 and 36.
6. In this manner you will proceed with the survey of each successive section in the first tier, until you arrive at the north boundary of the township, which you will reach in running up a random line between sections 1 and 2. If this random line should not intersect at the corner established for sections 1, 2, 35 and 36, upon the township line, you will note the distance that you fall east or west of the same, from which distance you will calculate a course that will run a true line south to the corner from which your random started. Where the closing corner is on the base or standard line, a deviation from the general rule is explained under the head of Diagram B.
7. The first tier of sections being thus laid out and surveyed, you will return to the south boundary of the township, and from the corner of sections 34 and 35 commence and survey the second tier of sections in the same manner that you pursued in the survey of the first, closing at the section corners on the first tier.
8. In like manner proceed with the survey of each successive tier of sections, until you arrive at the fifth tier; and from each section corner which you establish upon this tier, you are to run random lines to the corresponding corners established upon the range line forming the western boundary of the township; setting, as you proceed, each temporary quarter section post at forty chains from the interior section corner, so as to throw the excess or deficiency of measurement on the extreme tier of quarter sections contiguous to the township boundary; and, on returning, establish the true line, and establish thereon tbe permanent quarter section corner.
Quarter-section corners, both upon north and south and upon east and west lines, are to be established at a point equidistant from the corresponding section corners, except upon the lines closing on the north and west boundaries of the township, and in those situations the quarter section corners will always be established at precisely forty chains to the north or west (as the case may be) of the respective section corners from which those lines respectively start, by which procedure the excess or deficiency in the measurements will be thrown, according to law, on the extreme tier of quarter sections.
Every north and south section line, except those terminating in the north boundary of the township, is to be eighty chains in length. The east and west section lines, except those terminating on the west boundary of the township, are to be within one hundred links of eighty chains in length; and the north and south boundaries of any one section, except in the extreme western tier, are to be within one hundred links of equal length. The meanders within each fractional section, or between any two meander posts, or of a pond or island in the interior of a section, must close within one chain and fifty links.
Diagram A, illustrates the mode of laying off township exteriors north of the base line and east and west of the principal meridian, whether between the base and first standard, or between any two standards; and the same general principles will equally apply to townships south of the base line and east and west of the meridian, and between any two standards south, where the distances between the base and first standard, and between the standards themselves, are five townships or thirty miles.
Diagram B, indicates the mode of laying off a township into sections and quarter sections, and the accompanying set of field notes (marked B,) critically illustrate the mode and order of conducting the survey under every variety of circumstances shown by the topography on the diagram. In townships lying south of and contiguous to the base or to any standard parallel, the lines between the northern tier of sections will be run north, and be made to close as true lines ; quarter section corners will be set at forty chains, and section corners established at the intersection of such section lines with the base or standard, (as the case may be,) and the distance is to be measured and entered in the field book to the nearest corner on such standard or base.
The mode and order of surveying the exterior boundaries of a township are illustrated by the specimen field notes marked A ; and the mode and order of subdividing a township into sections and quarter sections are illustrated by the specimen field notes marked B. The attention of the deputy is particularly directed to these specimens, as indicating not only the method in which his work is to be conducted, but also the order, manner, language, &c., in which his field notes are required to be returned to the Surveyor-General's office; and such specimens are to be deemed part of these instructions, and any departure from their details, without special authority, in cases where the circumstances are analogous in practice, will be regarded as a violation of his contract and oath.
The subdivisions of fractional sections into forty acre lots, (as near as