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the private claims in the territory of Florida, a surveyor shall be appointed for the territory, who shall keep his office at such place therein as the president shall designate: and shall receive the sum of two thousand dollars, payable quarterly, at the treasury of the United States.(1)

1203. A surveyor for the territory of Arkansas shall be appointed, who shall have the same authority, and perform the same duties, respecting the public lands and private land claims in the territory of Arkansas, as are now vested in, and required of, the surveyor of the lands of the United States in Missouri and Illinois.(2)

1204. It shall be the duty of the surveyor for Missouri and Illinois to deliver to the surveyor for the territory of Arkansas, all the maps, papers, records, and documents relating to the public lands and private claims in Arkansas, which may be in his office; and in every case where it shall be impracticable to make a separation of such maps, papers, records, and documents, without injury, it shall be his duty to cause copies thereof, certified by him, to be furnished to the surveyor of Arkansas, which copies shall be of the same validity as the originals (3)

1205. The surveyor of Arkansas, to be appointed in pursuance of this act, shall establish his office at such place as the president of the United States may deem most expedient for the public service, and he shall be allowed an annual salary of fifteen hundred dollars, and be authorized to employ one skilful draughtsman and two clerks, whose aggregate compen. sation shall not exceed eighteen hundred dollars per annum.(4)

1206. Every surveyor general shall, before entering on the duties of his office, execute and deliver to the secretary of the treasury, a bond, with good and sufficient security, for the penal sum of thirty thousand dollars, conditioned for the faithful disbursement, according to law, of all public money placed in his hands for disbursement, and for the faithful performance of the duties of his office.(5)

The president may, whenever he shall deem it expedient, require any surveyor general to give new bond and additional security, under the direction of the secretary of the treasury, for the faithful disbursement, according to law, of all money placed in his hands for disbursement.(6)

1207. The commission of every surveyor general shall cease and ex. pire, unless sooner vacated by death, resignation, or removal from office, in four years from the date of the commission.(7)

CHAPTER VI.

OF THE MODE OF SURVEYING PUBLIC LANDS.

Lands to be surveyed into town- Penalty for hindering survey of ships, sections, half sections, &c. 1208 public lands

1212 Boundaries and contents of sec. Marshal may be ordered to proteot tions, half sections, &c.—how

surveyors—when

1213 ascertained

1209 Special mode of survey on line be. Quarter sections-how divided 1210 tween Indiana and Illinois 1214 Departure from ordinary mode of survey admitted—when

1211

.

(1) Act 3d March, 1823, sec. 7.
(2) Act June 15th, 1832, sec, 1.
(3) Ibid. sec. 2.
(4) Ibid. sec. 3.

(5) Act 7th May, 1822, sec. 1.
(6) lbid. sec. 3.
(7) Ibid. sec. 2.

ART. 1208. The public lands lying north-west of the river Ohio and above the mouth of the river Kentucky, in which the title of the Indian tribes have been extinguished, shall be divided by north and south lines, run according to the true meridian, and by others crossing them at right angles, so as to form townships of six miles square, unless where the line of the late Indian purchase, or of tracts of land heretofore surveyed or patented, or the course of navigable rivers, may render it impracticable ; and then this rule shall be departed from no further than such particular circumstances may require. The corners of the townships shall be marked with progressive numbers, from the beginning: each distance of a mile between the said corners shall be also distinctly marked, with marks different from those of the corners.

One-half of the said townships, taking them alternately, shall be subdivided into sections, containing, as nearly as may be, six hundred and forty acres each, by running through the same, each way, parallel lines, at the end of every two miles; and by marking a corner, on each of the said lines, at the end of every mile; the sections shall be numbered, respectively, beginning with the number one, in the northeast section, and proceeding west and east alternately, through the township, with progressive numbers, till the thirty-sixth be completed. And it shall be the duty of the deputy surveyors, respectively, to cause to be marked, on a tree near each corner, made as aforesaid, and within the section, the number of such section, and over it the number of the township within which such section may be; and the said deputies shall carefully note, in their respective field books, the names of the corner trees marked, and the numbers so made: The fractional parts of townships shall be divided into sections, in manner aforesaid, and the fractions of sections shall be annexed to, and sold with, the adjacent entire sections. All lines shall be plainly marked on trees, and measured with chains, containing two perches of sixteen feet and one-half each, subdivided into twenty-five equal links, and the chain shall be adjusted to a standard to be kept for that purpose. Every surveyor shall note in his field book, the true situations of all mines, salt licks, salt springs, and mill seats, which shall come to his knowledge; all water courses, over which the line he runs shall pass; and also the quality of the lands: These field books shall be returned to the surveyor general, who shall therefrom cause a description, of the whole lands surveyed, to be made out and transmitted to the officers who may superintend the sales : He shall also cause a fair plat to be made of the townships, and fractional parts of townships, contained in the said lands, describing the subdivisions thereof, and the marks of the corners. This plat shall be recorded in books to be kept for that purpose; a copy thereof shall be kept open at the surveyor general's office, for public information ; and other copies sent to the places of the sale, and to the secretary of the treasury (1)

The surveyor general shall cause the townships west of the Muskingum, which, by the preceding article, are directed to be sold in quarter townships, to be subdivided into half sections of three hundred and twenty acres each, as nearly as may be, by running parallel lines through the same from east to west, and from south to north, at the distance of one mile from each other, and marking corners, at the distance of each half mile on the lines running from east to west, and at the distance of each mile on those run. ning from south to north, and making the marks, notes, and descriptions, prescribed to surveyors by the preceding article. And the interior lines of townships intersected by the Muskingum, and of all the townships lying east of that river, which have not been heretofore actually subdivided into sec

[graphic]

(1) Act 18th May, 1796, sec, 2.

tions, shall also be run and marked in the manner prescribed by the said act, for running and marking the interior lines of townships directed to be sold in sections of six hundred and forty acres each: And in all cases where the exterior lines 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 and 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; the sections and half sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity expressed in the returns and plats, respectively, and all others as containing The complete legal quantity : And the president of the United States shall fix the compensation of the deputy surveyors, chain carriers, and axe men.(1)

The surveyor general shall cause all those lands north of the river Ohio which were subdivided by running through the townships, parallel lines, each way, at the end of every two miles, and by marking a corner on each of the said lines, at the end of every mile, to be subdivided into sections, by running straight lines, from the mile corners thus marked to the opposite corresponding corners, and by marking, on each of the said lines, intermediate corners, as nearly as possible equidistant from the corners of the sec. tions on the same. And the said surveyor general shall also cause the boundaries of all the half sections, which had been purchased previous to the first day of July, 1804, and on which the surveying fees had been paid according to law, by the purchaser, to be surveyed and marked, by running straight lines from the half mile corners heretofore marked, to the opposite corre. sponding corners; and intermediate corners shall, at the same time, be marked on each of the said dividing lines, as nearly as possible equidistant from the corners of the half section on the same line. And the expense of making the subdivisions above directed, shall be defrayed out of the moneys of the United States (2)

1209. The boundaries and contents of the several sections, half sections, and quarter sections, of the public lands of the United States, shall be as. certained in conformity with the following principles, any act or acts to the contrary notwithstanding :

1st. All the corners marked in the surveys, returned by the surveyorgeneral, or by the surveyor of the lands south of the state of Tennessee, respectively, shall be established as the proper corners of sections, or subdi. visions of sections, which they were intended to designate; and the corners of half and quarter sections, not marked on said surveys, shall be placed as nearly as possible equidistant from those two corners which stand on the same line.

2d. The boundary lines, actually run and marked in the surveys returned by the surveyor general, or by the surveyor of the land south of Tennessee, respectively, shall be established as the proper boundary lines of the sec. tions, or subdivisions, for which they were intended; and the length of such lines, as returned by either of the surveyors aforesaid, shall be held and considered as the true length thereof. And the boundary lines, which shall not have been actually run and marked as aforesaid, shall be ascertained, by running straight lines, from the established corners to the opposite corresponding corners; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said

(1) Act 10th May, 1800, sec. 3.

(2) Act Feb. 11th, 1805, sec, 1.

boundary lines shall be ascertained by running, from the established corners, due north and south, or east and west lines, as the case may be, to the water course, Indian boundary line, or other external boundary of such fractional township.

3d. Each section, or subdivision of section, the contents whereof shall have been, or by virtue of the last article, shall be, returned by the surveyor general, or by the surveyor of the public lands south of the state of Ten. nessee, respectively, shall be held and considered as containing the exact quantity expressed in such return or returns: and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half, or the one-fourth, part, respectively, of the returned contents of the section of which they make part (1)

In surveying and dividing the lands, by the act of the fourth of February, one thousand eight hundred and fifteen, attached to the district of Canton, the ordinary mode of surveying the public lands shall be so far deviated from, that the boundary lines of the tracts to be laid off therein shall be run parallel to, and at right angles with, the road laid out in conformity with the treaty concluded with certain tribes of Indians, at Brownstown, in the Mi. chigan territory, on the twenty-fifth of November, one thousand eight hundred and eight, and in every other respect the surveys shall be made in the same manner, and for the same compensation allowed for the surveying the other public lands north-west of the river Ohio.(2)

1210. All the public lands of the United States, the sale of which is, or may be, authorized by law, shall, when offered at public sale, to the highest bidder, be offered in half quarter sections; and when offered at private sale, may be purchased, at the option of the purchaser, either in entire sections, half sections, quarter sections, or half quarter sections; in every case of the division of a quarter section, the line for such division shall run north and south, and the corners and contents of half quarter sections, which may thereafter be sold, shall be ascertained in the manner directed and prescribed by article 1209; and fractional sections, containing one hundred and sixty acres, or upwards, shall, in like manner, as nearly as practicable, be subdivided into half quarter sections, under such rules and regulations as may be prescribed by the secretary of the treasury ; but fractional sections, contain: ing less than one hundred and sixty acres, shall not be divided, but shall be sold entire. The foregoing provisions shall not alter any special provision made by law for the sale of land in town lots.(3)

1211. Whenever, in the opinion of the president, a departure from the ordinary mode of surveying land on any river, lake, bayou, or water-course, would promote the public interest, he may direct the surveyor general, in whose district such land is situated, and where the change is intended to be made, under such rules and regulations as the president may prescribe, to cause the lands thus situated, to be surveyed in tracts of two acres in width, fronting on any river, bayou, lake, or water-course, and running back the depth of forty acres; which tracts of land, so surveyed, shall be offered for sale entire, instead of in half quarter sections, and in the usual manner, and on the same terms, in all respects, as the other public lands of the United States.(4)

1212. Any person who shall hereafter, in any manner, by threats or force, interrupt, hinder, or prevent, the surveying of the public lands, of

(1) Act Feb. 11th, 1805, sec. 2. (2) Act Feb. 4th, 1815, sec. 2.

(3) Act 24th April, 1820, sec. 1.
(4) Act 34th May, 1824, sec. 1.

the United States, or any private land claim, which has, or may be confirmed by the United States, or the authority thereof, by the persons author. ized to survey the same, in conformity with the instructions of the commis. sioner of the general land office, or the principal surveyors in any of the districts, in any state or territory, shall be considered and adjudged to be guilty of a misdemeanor, and upon conviction in any district or circuit court of the United States, in any state or territory, having jurisdiction of the same, shall be fined a sum not less than fifty dollars, nor more than three thousand dollars, and be imprisoned for a period of time, not less than one nor more than three years (1)

1213. Whenever the president of the United States shall be satisfied that forcible opposition has been offered, or will likely be offered, to any survey. or or deputy surveyor, or assistant surveyor, in the discharge of his or their duties, in surveying the public lands of the United States, it shall and may be lawful for the president to order the marshal of the state or district, by himself or deputy, to attend such surveyor, deputy, or assistant surveyor, with sufficient force to protect such officer in the execution of his duty as surveyor, and to remove force should any be offered.(2)

1214. The president is required to cause the public lands lying along the line of demarcation between the states of Indiana and Illinois as established by the joint sanction of those states, to be surveyed in connexion with said line on either side thereof. And the secretary of the treasury is authorized to allow for the service such further compensation, in addition to the regular price now authorized by law, as to him appears to be just and reasonable to be paid out of the regular appropriation for surveying public lands northwest of the Ohio river.(3)

CHAPTER VII.

Of Pre-Emption Rights.

1222

Actual inhabitants and cultivators Provision where there are two or of Illinois entitled to pre-emp

more settlers on the same quar. tion

1215 ter section. Conditions on which pre-emption Proof of settlement to be made 1223 allowed 1216 Limitations to the right

1224 Pre-emption to settlers in Louisi. Right purchased under Act 29th ana and Missouri 1217 May, 1830, made assignable

1225 Provision where settler is on the Persons entitled to pre-emption

fraction of a section, &c. 1218 rights under that act, prevented Provision where two claimants are from making proof, &c. allowed seated on one quarter or frac

further time

1226 tional quarter section

1219 Act of May 29th, 1830, revived, Pre-emption rights to settlers in and extended to settlers in 1833 1227 Florida

1220 Choice of quarter sections allowed 1228 To settlers in Mississippi

ib. Certain settlers empowered to enPre-emption rights to settlers on ter quarter section at minimum

the public lands generally 1221 price

1229

1215. Every person, or the legal representatives of every person, who has actually inhabited and cultivated a tract of land, lying in either of the

(1) Act 29th May, 1830, sec. 1. (2) Ibid. sec. 2.

(3) Act 2d March, 1833, sec. 1, 2.

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