SEC. 111. Contracts for the survey of the public lands Contracts for surveys of public shall not become binding upon the United States until ap- lands, when bindproved by the Commissioner of the General Land Office, ing. except in such cases as the Commissioner may otherwise specially order. 12 Stat. 409; R. S. 2398. Maguire v. Tyler, 1 Black, 201; Parks v. funded. SEC. 112. The Commissioner of the General Land Office Price of surveys, how estabhas power, and it shall be his duty, to fix the prices per lished. mile for public surveys, which shall in no case exceed the Cost of surveying private claims maximum established by law; and, under instructions to be and railroad prepared by the Commissioner, an accurate account shall grants to be rebe kept by each surveyor-general of the cost of surveying and plotting private land claims, to be reported to the General Land Office, with the map of such claim; and patents shall not issue for any such private claim, nor shall any copy of such survey be furnished, until the cost of survey and platting has been paid into the Treasury by the claimant or other party; and before any land granted to any railroad company by the United States shall be conveyed to such company or any persons entitled thereto, under any of the acts incorporating or relating to said company, unless such company is exempted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and conveying the same by the said company or persons in interest. 12 Stat. 409; 18 id. 384; 19 id. 122; R. S. 2400. Railway Co. v. Prescott, 16 Wall. 603; Railway Co. v. McShane, 22 id. 444; Hannewell r. Cass Co., 22 id. 464; Colorado Co. v. Commissioners, 5 Otto, 259. Decisions Sec. Int., Dec. 17, 1874; Feb. 7, 1878; Feb. 20, 1879; March 5, 1879; April 2, 1879. Decisions Com. G. L. O., April 18, 1867; Aug. 8, 1867; Feb. 17, 1869; March 26, 1870. Cir. G. L. O., June 26, 1880. SEC. 113. The Commissioner of the General Land Office Augmented prices for surveys may authorize, in his discretion, public lands in Oregon, in Oregon, Calidensely covered with forests or thick undergrowth, to be fornia, and Washsurveyed at augmented rates, not exceeding eighteen dollars per mile for standard parallels, fifteen dollars for townships, and twelve dollars for section lines; and under like conditions he may allow augmented rates in California, and in Washington Territory, not exceeding eighteen dollars per linear mile for standard parallels, sixteen dollars for township, and fourteen dollars for section lines. 16 Stat. 304, 305; 17 id. 358; R. S. 2404, 2405. Decision Sec. Int., June 16, 1879. Cir. G. L. Ó., June 26, 1880. ington Territory. for surveys in SEC. 114. Whenever the public surveys, or any portion of Pay by the day them, in the States of Oregon and California, are so required Oregon and Calito be made as to render it expedient to make compensation fornia. for the surveying thereof by the day instead of by the mile, it shall be lawful for the Commissioner of the General Land Office, under the direction of the Secretary of the Interior, to make such fair and reasonable allowance as, in his judgment, may be necessary to insure the accurate and faithful execution of the work. 10 Stat. 247; R. S. 2411. Decision Sec. Int., June 16, 1879. Cir. G. L. O., June 26, 1880. When survey settlers in township. SEC. 115. When the settlers in any township, not mineral may be had by or reserved by Government, desire a survey made of the same, under the authority of the surveyor-general, and file an application therefor in writing, and deposit in a proper United States depository, to the credit of the United States, a sum sufficient to pay for such survey, together with all expenses incident thereto, without cost or claim for indemnity on the United States, it may be lawful for the surveyorgeneral, under such instructions as may be given him by the Commissioner of the General Land Office, and in accordance with law, to survey such township and make return thereof to the general and proper local land office, provided the township so proposed to be surveyed is within the range of the regular progress of the public surveys embraced by existing standard lines or bases for the township and subdivisional surveys. Deposit for exof surveys priation, &c. 12 Stat. 410; R. S. 2401. Decision Sec. Int., Jan. 28, 1880. Cir. G. L. O., June 27, 1879; March 5, 1880. SEC. 116. The deposit of money in a proper United States deemed an appro- depository, under the provisions of the preceding section, shall be deemed an appropriation of the sums so deposited for the objects contemplated by that section, and the Secretary of the Treasury is authorized to cause the sums so deposited to be placed to the credit of the proper appropriations for the surveying service; but any excesses in such sums over and above the actual cost of the surveys, comprising all expenses incident thereto, for which they were severally deposited, shall be repaid to the depositors respectively. Settlers' de to go in part pay 13 Stat. 404; R. S. 2402. Cir. G. L. O., June 27, 1879. SEC. 117. Where settlers make deposits in accordance posits for surveys with the provisions of section one hundred and fifteen, ment of lands, the amount so deposited shall go in part payment for their and are assignable. lands situated in the townships, the surveying of which is paid for out of such deposits; or the certificates issued for such deposits may be assigned by endorsement and be received in payment for any public lands of the United States entered by settlers under the pre-emption and homestead laws of the United States, and not otherwise. Surveyors-general to survey firmed, &c. 16 Stat. 581; 19 id. 38; 20 id. 352; R. S. 2403. Cir. G. L. O., June 27, 1879. SEC. 118. Each surveyor-general, when thereunto duly private land authorized by law, shall cause all confirmed private land claims when con- claims within his district to be accurately surveyed, and shall transmit plats and field-notes thereof to the Commissioner of the General Land Office for his approval. When publication of such surveys is authorized by law, the proof thereof, together with any objections properly filed and all evidence submitted either in support of or in opposition to the approval of any such survey, shall also be transmitted to said Commissioner. 2 Stat. 326, 352; 3 id. 325; 5 id. 740; 9 id. 242, 633; 10 id. 244, 308, 599; 11 id. 294; 12 id. 172, 209, 369, 409; 13 id. 332, 344; 14 id. 218; 16 id. 64, 304; 18 id. 305; 19 id. 121, 202; R. S. 2447. Bissell r. Penrose, 8 How. 317; Villalobos v. U. S., 10 id. 541; private land Ledoux v. Black, 18 id. 473; U. S. v. Fossat, 20 id. 413; Brown v. Huger, 21 id. 305; U. S. v. Fossat, 21 id. 445; Castro v. Hendricks, 23 id. 438; Ballance e. Forsyth, 24 id. 183; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck 1 id. 439; U. S. v. Vallejo, 1 id. 658; Sutter's case, 2 id. 562; Fossat case, 2 id. 649; Higueras v. U. S., 5 id. 827; Alviso r. U. S., 8 id. 337. 12 Op. Att. Gen. 116, 250; 14 id. 74, 601. U. S. v. Garcia, 1 Saw. C. C. 383; Russell v. Henshaw, 1 id. 553; Leroy v. Jamison, 3 id. 369; U. S. v. Flint, 4 id. 42. Dent r. Segerson, 29 Mo. 480; Fowler v. Duvall, 11 La. Ann. 561; Waterman v. Smith, 13 Cal. 373; Moore v. Wilkerson, 13 id. 478; Merritt e. Judd, 14 id. 60; Mott v. Smith, 16 id. 534; Johnson v. Van Dyke, 20 id. 225; McGarraghan v. Maxwell, 27 id. 75; Seale v. Ford, 29 id. 104. Cir. G. L. O., June 26, 1880. SEC. 119. It shall be the duty of each surveyor-general, eral in New Mex Surveyors-genwhose respective surveying district includes any portion ico, &c., to report of the territory embraced, on the twenty-second day of to Congress on July, eighteen hundred and fifty-four, within the limits of claims. the then Territory of New Mexico, under the instructions of the Secretary of the Interior, to ascertain the origin, nature, character and extent of all claims to lands under the laws, usages, and customs of Spain and Mexico; and for this purpose may issue notices, sunimons witnesses, administer oaths, and do and perform all other necessary acts in the premises. He shall make a full report on all such claims as originated before the cession of the Territory to the United States by the treaty of Guadalupe Hidalgo, of eighteen hundred and forty-eight, denoting the various grades of title, with his decision as to the validity or invalidity of each of the same under the laws, usages, and customs of the country before its cession to the United States; and shall also make a report in regard to all pueblos existing in the Territory, showing the extent and locality of each, stating the number of inhabitants in the said pueblos, respectively, and the nature of their titles to the land. Such report shall be made ac cording to the form which may be prescribed by the Secretary of the Interior, and shall be laid before Congress for such action thereon as may be deemed just and proper, with a view to confirm bona fide grants and give full effect to the treaty of eighteen hundred and forty-eight between the United States and Mexico; and until the final action of Congress on such claims, all lands covered thereby shall be reserved from sale or other disposal by the Government. 10 Stat. 309. Newhall v. Sanger, 2 Otto, 761; Tameling v. Emigra tion Co., 3 id. 644; U. S. v. Clamorgan and Danterive v. U. S., S. C., Oct. T., 1879, in manuscript. 14 Op. Att. Gen. 624. Decisions Sec. Int., Dec. 29, 1862; July 26, 1867; Sept. 6, 1870; July 27, 1871; June 6, 1872; Feb. 21, 1872, March 15, 1872; June 6, 1872; Sept. 2, 1872; Dec. 17, 1872; Feb. 21, 1873; March 21, 1873; March 26, 1873; July 23, 1873; July 31, 1873; Oct. 30, 1873; Feb. 28, 1874; March 17, 1874; June 29, 1874; July 15, 1874; Aug. 15, 1874; Oct. 27, 1874; Dec. 5, 1874; Jan. 23, 1875; March 27, 1875; June 1, 1875; Feb. 4, 1876; April 22, 1876; Aug. 8, 1876; Aug. 12, 1876; Aug. 17, 1876; Dec. 30, 1876; Feb. 7, 1877; Feb. 15, 1877; March 16, 1877; April 15, 1877; June 30, 1877; Nov. 15, 1877; June 12, 1878; July 11, 1878; Aug. 9, 1878; Oct. 24, 1878; May 21, 1879; May 28, 1879; June 9, 1879; June 21, 1879; Aug. 28, 1879; Sept. 20, 1879. Decisions Com. G. L. O., Aug. 18, 1860; June 22, 1870; Dec. 14, 1870; June 17, 1871; Dec. 19, 1871; July 9, 1872; Aug. 13, 1872; Sept. 18, 1874; Nov. 3, 1874; Feb. 12, 1875; June 29, 1875; July 19, 1875; May 13, 1876; May 19, 1876; July 7, 1876; Sept. 19,1876; Nov. 15, 1876; April 13, 1877; June 22, 1877; June 27, 1877; Feb. Penalty for interrupting sur veys. Protection of surveyor by mar 1, 1878; Feb. 21, 1878; April 13, 1878; Nov. 11, 1878; Dec. 2, 1878; March 21, 1879; July 14, 1879; Aug. 14, 1879; Sept. 5, 1879. SEC. 120. Every person who in any manner, by threat or force, interrupts, hinders, or prevents the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same, in conformity with the instructions of the Commissioner of the General Land Office, shall be fined not less than fifty dollars nor more than three thousand dollars, and be imprisoned not less than one nor more than three years. 4 Stat. 417; R. S. 2412. SEC. 121. Whenever the President is satisfied that forcible shal of district. opposition has been offered, or is likely to be offered, to any surveyor or deputy surveyor in the discharge of his duties in surveying the public lands, it may be lawful for the President to order the marshal of the State or district, by himself or deputy, to attend such surveyor or deputy surveyor with sufficient force to protect such officer in the execution of his duty, and to remove force should any be offered. the Navy. 4 Stat. 417; R. S. 2413. Surveyors to SEC. 122. The President is authorized to appoint surveyexplore and select ors of public lands, who shall explore such vacant and untimber lands to reserve for use of appropriated lands of the United States as produce the liveoak and red-cedar timbers, and shall select such tracts or portions thereof, where the principal growth is of either of such timbers, as in the judgment of the Secretary of the Navy may be necessary to furnish for the Navy a sufficient supply of the same. Such surveyors shall report to the President the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or Director of geo water-courses. 3 Stat. 347; R. S. 2459. U. S. v. Briggs, 9 How. 351. SEC. 123. The director of the geological survey shall, logical survey. under the Interior Department, have the direction of the geological survey and the classification of the public lands and examination of the geological structure, mineral resources, and products of the national domain." 20 Stat. 394. Sec. 124. Land districts. CHAPTER FOUR. LAND DISTRICTS AND OFFICERS. 125. When land office may be discontinued 126. When land office may be continued 129. Discontinuance of land offices by the 130. Change of boundaries of land districts 132. Allowance of office rent and clerk hire 133. Appointment of registers and receiv ers. 134. Duration of office of registers and receivers. SEC. 124. The following are the established boundaries of Land districts. the existing land districts, with the location of the respective land offices, until changed in pursuance of law, namely: Mathews r. Zane, 5 Cranch, 92; Same case, 7 Wheat. 164; Hellan v. Ripley, 3 Rob. (La.) 138. MISSOURI. Booneville. Booneville land district embraces all that part of the State of Missouri which lies north of the line between townships thirty-seven and thirty-eight north, lying west of the line between ranges ten and eleven west and townships thirtyfour and thirty-five north of ranges eleven to thirty-three west, inclusive. Ironton. The land district of Ironton embraces all that part of the State of Missouri which lies south of the line between townships thirty-seven and thirty-eight north, and east of the line between ranges ten and eleven west of the fifth principal meridian. Springfield. The land district of Springfield consists of that portion of the State of Missouri which is situated south of the line between townships thirty-four and thirty-five north, and west of the line between ranges ten and eleven west of the fifth principal meridian. |