Att. Gen. 7. Cir. G. L. O., July 1, 1871; id. May 14, 1879. Treasury Cir., July 13, 1871 (Copp's L. L. 783; 1 Lester's L. L. 312, 314). SEC. 85. The commission of each surveyor-general shall Duration of of cease and expire in four years from the date thereof, unless sooner vacated by death, resignation, or removal from office. 3 Stat. 697; R. S. 2217. Best v. Polk, 18 Wall. 112. Decision Com. G. L. O., Feb. 20, 1855 (1 Lester's L. L. 340). fice. duties and bond SEC. 86. Every surveyor-general, except where the Presi-, Continuance of dent sees cause otherwise to determine, is authorized to con- after expiration tinue in the uninterrupted discharge, of his regular official of commission. duties after the day of expiration of his commission and until a new commission is issued to him for the same office, or until the day when a successor enters upon the duties of such office; and the existing official bond of any officer so acting shall be deemed good and sufficient and in force until the date of the approval of a new bond to be given by him, if recommissioned, or otherwise, for the additional time he may so continue officially to act, pursuant to the authority of this section. 10 Stat. 247; 18 id. 62; R. S. 2222. Transfer of ра tinuance of office SEC. 87. Whenever the surveys and records of any surveying district are completed the surveyor-general thereof pers and disconshall be required to deliver over to the secretary of state of in case of com the respective States, including such surveys, or to such pleted surveys. other officer as may be authorized to receive them, all the field-notes, maps, records, and other papers appertaining to land titles within the same; and the office of surveyor-general in every such district shall thereafter cease and be discontinued. 5 Stat. 384; 19 id. 121; R. S. 2218. Commissioner in SEC. 88. In all cases of discontinuance, as provided in the Devolution of preceding section, the authority, powers, and duties of the powers upon surveyor-general in relation to the survey, resurvey, or sub- case of discontindivision of the lands therein, and all matters and things connected therewith, shall be vested in and devolved upon the Commissioner of the General Land Office. 10 Stat. 152; R. S. 2219. SEC. 89. Under the authority and direction of the Commis. sioner of the General Land Office, any deputy surveyor or other agent of the United States shall have free access to any such field-notes, maps, records, and other papers for the purpose of taking extracts therefrom or making copies thereof without charge of any kind; but no transfer of such public records shall be made to the authorities of any State until such State has provided by law for the reception and safe-keeping of such public records and for the allowance of free access thereto by the authorities of the United States. 10 Stat. 152; 18 id. 62; R. S. 2220, 2221. uance. Free access to livered to States public records deand conditions of such delivery. of surveyors-general. SEC. 90. Every surveyor-general shall engage a sufficient General duties number of skillful surveyors as his deputies, to whom he is authorized to administer the necessary oaths upon their appointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the instruc tions of the General Land Office, and to remove them for negligence or misconduct in office. Taylor and Quarlls . Brown, 5 Cranch, 234; Craig et al. v. Braxford, 3 Wheat. 594; Ellicott et al. v. Pearl, 10 Pet. 412; Brown's Lessee r. Clements, 3 How. 650. Reed v. Conway 20 Mo. 22; same case, 26 id. 13; Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; McClintock v. Rodgers, 11 Ills. 279. Cir. G. L. O., June 26, 1880. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the General Land Office in respect to the public lands within his surveying district, to which the Indian title has been or may be hereafter extinguished. Gazzam v. Phillips' Lessee, 20 How. 372. 3 Op. Att. Gen., 281, 284. Atshire v. Hulse, 1 Ohio, 170; Hastings v. Stevenson, 2 d. 9; McKinney. McKinney, 8 id. 423; Hamil v. Carr, 21 Ohio St. 258; Hendrick v. Eno, 42 Iowa, 411; Saint Louis v. Walker, 40 Mo. 383; Jordan v. Barrett, 13 La. 24; Fowler v. Duval, 11 id. 561; Cox v. Jones, 47 Cal. 412. Cir. G. L. O., June 26, 1880. Third. He shall cause to be surveyed all private land claims within his district after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. Menard's Heirs v. Massey, 8 How. 293; Kissell v. St. Louis Public Schools, 18 id. 19; Stanford v. Taylor, 18 id. 409; Ballance v. Forsyth, 24 id. 183; U. S. v. Fossat, 25 id. 445; Carondelet v. St. Louis, 1 Black, 179; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck, 1 id. 439; U. S. v. Billings, 2 id. 444; Sutter's case, 2 id. 562; U.S. v. Pacheco, 2 id. 587; Fossat case, 2 id. 649; Dehon v. Bernal, 2 id. 774; U. S. v. Armijo, 5 id. 444; Higueras v. U. S., 5 id. 827; Maguire v. Tyler, 8 id. 650; Lynch r. Bernal, 9 id. 315; Henshaw v. Bissell, 18 id. 255; Shepley et al. v. Cowan et al., 1 Otto, 330; Miller et al. v. Dale et al., 2 id. 473; Van Reynegan v. Bolton, 5 id. 33: U. S. r. Throckmorton, 8 id. 61; Snyder v. Sickles, 8 id. 203; Scull v. U. S., 8 id. 410. Bissell v. Henshaw, 1 Saw. C. C. 553; Leroy v. Jamison, 3 id. 369. Gibson v. Chouteau, 39 Mo. 536; Milburn v. Hardy, 28 id. 514; Funkhouser v. Hantz, 29 id. 540; Dent r. Legesson, 29 id. 489; Carondelet v. St. Louis, 29 id. 527; McGuire v. Tyler, 30 id. 202; Robins v. Eckler, 36 id. 494; Clark v. Heammerle, 36 id. 620; Gibson v. Chouteau, 39 id. 536; Vasquez v. Ewing, 42 id. 247; Glasgow v. Lindell, 50 id. 60; Rector v. Gaines, 19 Ark. 70; Ashley v. Rector, 20 id. 359; Meaux v. Breaux, 10 Martin (La.) 364; Moon r. Wilkinson, 13 Cal. 478; Boggs v. Mining Co., 14 id. 279; Mott r. Smith, 16 id. 534; Johnson v. Van Dyke, 20 id. 225; McGarrahan v. Maxwell, 27 id. 75; Treadway v. Semple, 28 id. 652; Searle v. Ford, 29 id. 104; Mahoney v. Van Winkle, 33 id. 448; Morrill v. Chapman, 35 id. 85; Yates v. Smith 38 id. 60; San Diego v. Allison, 46 id. 163. Decisions Sec. Int., July 16, 1872; Aug. 8, 1876; Aug. 17, 1876; March 16, 1877. Decisions Com. G. L. O., Aug. 18, 1860; Sept. 18, 1874; Nov. 3, 1874; Sept. 18, 1875; Oct. 28, 1875; June 26, 1879. Cir. G. L. O., June 26, 1880. Fourth. He shall transmit to the register of the respective land offices within his district general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to the Commissioner of the General Land Office. Barnard v. Ashley, 18 How. 43; Water and Mining Co. v. Bugbee, 6 Otto, 165. Hamil r. Carr, 21 Ohio St. 258; Doe v. Hildreth, Ind. 274; Pope r. Athearn, 42 Cal. 606. Com. G. L. O. Instructions to Surveyors-General, April 17, 1879. Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for a surveyor-general to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination, and the actnal and necessary expenses of such person shall be allowed and paid for that service, and five dollars a day during the examination in the field; but such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyor-general, or any person employed in his office at a regular salary, is engaged in such special service he shall receive only his necessary expenses in addition to his regular salary. 1 Stat. 464; 13 id. 325; 4 id. 492; 10 id. 245, 247; 18 id. 34; 19 id. 126; R. S. 2223. Sec. Int. Instructions, July 1, 1874; Sept. 21, 1874. Cir. G. L. O., June 26, 1880. surveyor. SEC. 91. Every deputy surveyor shall enter into bond, Bond of deputy with sufficient security, for the faithful performance of all surveying contracts confided to him; and the penalty of the bond, in each case, shall be double the estimated amount of money accruing under such contracts, at the rate per mile stipulated to be paid therein. The sufficiency of the sureties to all such bonds shall be approved and certified by the proper surveyor-general. 4 Stat. 493; 10 id. 247; R. S. 2230. U. S. v. Vanzandt, 11 Wheat. 184; U. S. v. Tingey, 5 Pet. 115; Farrar et al. v. U. S., 5 id. 373; U. S. r. Bradley, 10 id. 343; U. S. r. Linn, 15 id. 290. U. S. v. Stephenson, 1 McLean, C. C. 462. surveyor. SEC. 92. The surveyor-generals, in addition to the oath Oath of deputy 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 that those surveys have been faithfully and correctly executed according to law and the instructions of the surveyor-general. Suit on bond of deputy surveyor; 9 Stat. 79; R. S. 2231. Ellicott and Meredith v. Pearl, 10 Pet. 412; U. S. r. Hanson, 16 id. 196; Bollard et al. v. Dwight et al., 4 Cranch, 421; Taylor et al. v. Brown, 5 id. 234. Cir. G. L. O., June 26, 1880. SEC. 93. The district attorney of the United States, in whose district any false, erroneous, or fraudulent surveys lien of. 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. 9 Stat. 79; R S. 2232. SEC. 94. In the event of the failure of a deputy in Loui- Penalty for de siana to comply with the terms of his contract, unless such fault of deputy. failure be satisfactorily shown by him to have arisen from causes beyond his control, he shall forfeit the penalty of his tions of the General Land Office, and to remove them for negligence or misconduct in office. Taylor and Quarlls r. Brown, 5 Cranch, 234; Craig et al. v. Braxford, 3 Wheat. 594; Ellicott et al. v. Pearl, 10 Pet. 412; Brown's Lesseer. Clements, 3 How. 650. Reed v. Conway 20 Mo. 22; same case, 26 id. 13; Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; McClintock v. Rodgers, 11 Ills. 279. Cir. G. L. O., June 26, 1880. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be prescribed by law or by instructions from the General Land Office in respect to the public lands within his surveying district, to which the Indian title has been or may be hereafter extinguished. Gazzam v. Phillips' Lessee, 20 How. 372. 3 Op. Att. Gen., 281, 284. Third. He shall cause to be surveyed all private land claims within his district after they have been confirmed by authority of Congress, so far as may be necessary to complete the survey of the public lands. Menard's Heirs r. Massey, 8 How. 293; Kissell v. St. Louis Public Schools, 18 id. 19; Stanford v. Taylor, 18 id. 409; Ballance v. Forsyth, 24 id. 183; U. S. v. Fossat, 25 id. 445; Carondelet v. St. Louis, 1 Black, 179; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck, 1 id. 439; U. S. v. Billings, 2 id. 444; Sutter's case, 2 id. 562; U.S. v. Pacheco, 2 id. 587; Fossat case, 2 id. 649; Dehon v. Bernal, 2 id. 774; U. S. v. Armijo, 5 id. 444; Higueras v. U. S., 5 id. 827; Maguire v. Tyler, 8 id. 650; Lynch r. Bernal, 9 id. 315; Henshaw c. Bissell, 18 id. 255; Shepley et al. v. Cowan et al., 1 Otto, 330; Miller et al. v. Dale et al., 2 id. 473; Van Reynegan v. Bolton, 5 id. 33; U. S. v. Throckmorton, 8 id. 61; Snyder v. Sickles, 8 id. 203; Scull v. U. S., 8 id. 410. Bissell v. Henshaw, 1 Saw. C. C. 553; Leroy v. Jamison, 3 id. 369. Gibson v. Chouteau, 39 Mo. 536; Milburn &. Hardy, 28 id. 514; Funkhouser r. Hantz, 29 id. 540; Dent v. Legesson, 29 id. 489; Carondelet v. St. Louis, 29 id. 527; McGuire . Tyler, 30 id. 202; Robins v. Eckler, 36 id. 494; Clark v. Heammerle, 36 id. 620; Gibson v. Chouteau, 39 id. 536; Vasquez v. Ewing, 42 id. 247; Glasgow v. Lindell, 50 id. 60; Rector v. Gaines, 19 Ark. 70; Ashley v. Rector, 20 id. 359; Meaux v. Breaux, 10 Martin (La.) 364; Moon r. V kinson, 13 Cal. 478; B. Mining Co., 14 id. 279; Mott v. 16 id. 534; Johns 20 id. 225; McGarraha xwell, 27 id. 75; ple, 28 id. 652; Sear kle, 33 id. 448; Mo id. 60; San Diego 16, 1872; Aug. 81Com. G. L. O., 18, 1875; Oct. Fourth. He s land offices w of all lands shall forw the Gener Barna 29 id. 104; M apman, 35 id. 46 id. 163. D 17, 1876; M 60; Sept. 18, ne 26, 1879. mit to the Dyke, Sem n Winmith 38 ut., July Decisions 1574; Sept ime 26, 182 60 In Fifth. He shall, so far as is compatible with the desk duties of his office, occasionally inspect the surveying operations while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work according to contract, and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with his other duties for a surveyor-general to devote the time necessary to make a personal inspection of the work in progress, then he is authorized to depute a confidential agent to make such examination, and the actnal and necessary expenses of such person shall be allowed and paid for that service, and five dollars a day during the examination in the field; but such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyor-general, or any person employed in his office at a regular salary, is engaged in such special service he shall receive only his necessary expenses in addition to his regular salary. 1 Stat. 464; 13 id. 325; 4 id. 492; 10 id. 245, 247; 18 id. 34; 19 id. 126; R. S. 2223. Sec. Int. Instructions, July 1, 1874; Sept. 21, 1874. Cir. G. L. O., June 26, 1880. surveyor. SEC. 91. Every deputy surveyor shall enter into bond, Bond of deputy with sufficient security, for the faithful performance of all surveying contracts confided to him; and the penalty of the bond, in each case, shall be double the estimated amount of money accruing under such contracts, at the rate per mile stipulated to be paid therein. The sufficiency of the sureties to all such bonds shall be approved and certified by the proper surveyor-general. 4 Stat. 493; 10 id. 247; R. S. 2230. U. S. v. Vanzandt, 11 Wheat. 184; U. S. r. Tingey, 5 Pet. 115; Farrar et al. v. U. S., 5 id. 373; U. S. r. Bradley, 10 id. 343; U. S. r. Linn, 15 id. 290. U. S. r. Stephenson, 1 McLean, C. C. 462. SEC. 92. The surveyor-generals, 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 that those surveys have been faithfully and correctly executed according to law and the instructions of the suryoyor-general. Stat. 79; R. S. 2231. Ellicott and Meredith v. Pearl, 10 Pet. 472 93. T distri ney of the United States. i failure of a deputy na |