United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 106 of 150)
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Territory to furnish to the surveyor-general of the Territory a certified ropy
of all acts incorporating cities and towns. It was superseded by the prortsioot
forbidding the passage by any Territorial legislature of special acts incor
porating ciUes and towns of Act July 30, 1880, c. 818, § 1, ante, | 3479.

§ 4796. (Act March 3, 1877, c. 113, § 4.) Town-site less than max-
imum; additional entry.
It shall be lawful for any town which has made, or may here-
after make entry of less than the maximum quantity of land nam-
ed in section twenty-three hundred and eighty-nine of the Revised
Statutes to make such additional entry, or entries, of contiguous
tracts, which may be occupied for town purposes as when added
to the entry or entries therefore made will not exceed twenty-five
hundred and sixty acres : Provided, That such additional entry shall
not together with all prior entries be in excess of the area to which
the town may be entitled at date of the additional entry by virtue of
its population as prescribed in said section twenty-three hundred and
eighty-nine. (19 Stat. 392.)

n. 8. { 2:^89, menUoned in this section, is set forth ante, | 4793.

§ 4797. (R. S. § 2391.) Certain acts of trustees to be void

Any act of the trustees not made in conformity to the regulations
alluded to in section twenty-three hundred and eighty-seven shall
be void.

Act March 2, 1807, c 177. 14 Stat 541.

K. S. { 2387, mentioned in this section, is set forth ante, | 479L

§ 4798. (R« S. § 2392.) No title acquired to gold-mines, etc., or
to mining-claim, etc.
No title shall be acquired, under the foregoing provisions of this
chapter, to any mine of gold, silver, cinnabar, or copper; or to any
valid mining-claim or possession held under existing laws.

Act March 2, 1867, c. 177, 14 SUt 541. Act June 8, 18«8, c 53. 15 SUt 67.
Similar provisions were made by Act March 3, 1891, c 561, | 16, po^t, f
4799, and by K. S. § 2386, ante, | 4790.

§ 4799. (Act March 3, 1891, c. 561, § 16.) Town-site entries on
mineral lands ; title to minerals and mining-claims not acquir-
ed; title to lots subject to mining rights.
Town-site entries may be made by incorporated towns and cities
on the mineral lands of the United States, but no title shall be
acquired by such towns or cities to any vein of gold, silver, cinnabar,
copper, or lead, or to any valid mining claim or possession held un-
der existing law. When mineral veins are possessed within the lim-

(1982)



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Ch. 8) THE PUBLIC LAND9 § 4802

its of an incorporated town or city, and such possession is recognized
by local authority or by the laws of the United States, the title to
town lots shall be subject to such recognized possession and the
necessary use thereof and when entry has been made or patent issued
for such town sites to such incorporated town or city, the possessor
of such mineral vein may enter and receive patent for such mineral
vein, and the surface ground appertaining thereto : Provided, That
no entry shall be made by such mineral-vein claimant for surface
ground where the owner or occupier of the surface ground shall
have had possession of the same before the inception of the title of
the mineral-vein applicant. (26 Stat. 1101.)

This Beotion was part of the act to repeal timber-culture laws, etc., cited
above.
See note to R. S. | 2392, ante, § 479a

§ 4800. (R. S. § 2393.) Military or other reservations, etc.

The provisions of this chapter shall not apply to military or other
reservations heretofore made by the United States, nor to reserva-
tions for light-houses, custom-houses, mints, or such other public
purposes as the interests of the United States may require, whether
held under reservations through the Land-Office by title derived from
the Crown of Spain, or otherwise.

Act March 2, 1867, c. 177, 14 Stat 541.

§ 4801. (R. S. § 2394.) Inhabitants of towns on public lands,

right of, to enter.
The inhabitants of any town located on the public lands may avail
themselves, if the town authorities choose to do so, of the provi-
sions of sections twenty-three hundred and eighty-seven, twenty-three
hundred and eighty-eight, and twenty-three hundred and eighty-nine ;
and in addition to the minimum price of the lands embracing any
town-site so entered, there shall be paid by the parties availing them-
selves of such provisions all costs of surveying and platting any such
town-site, and expenses incident thereto incurred by the United
States, before any patent issues therefor; but nothing contained in
the sections herein cited shall prevent the issuance of patents to
persons who have made or may hereafter make entries, and elect
to proceed under other laws relative to town-sites in this chapter set
forth.

Act June 8, 1868, c. 53, 15 Stat. 67.

R. S. §§ 2:^87, 2388 and 2389, mentioned in this section, are set forth ante,
§§ 4791^793. .

§ 4802. (Act Sept. 30» 1890, c. 1121.) Entries by cities and towns
for cemetery and park purposes.
Incorporated cities and towns shall have the right, under rules
and regulations prescribed by the Secretary of the Interior, to
purchase for cemetery and park purposes not exceeding one-quarter
section of public lands not reserved for public use, such lands to
be within three miles of such cities or towns: Provided, That
when such city or town is situated within a mining district, the
land proposed to be taken under this act shall be considered as
mineral lands, and patent to such land shall not authorize such

(1983)



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§ 4802 THB PUBLIC LANDS (Tit 32

city or town to extract mineral therefrom, but all such mineral
shall be reserved to the United States, and such reservation shall be
entered into such patent. (26 Stat. 502.)

This was an act entitled "An act to anthorlie entry of public Uodt by in-
corporated cities and towns for cemetery and park purposes."



CHAPTER NINE
Survey of the Public Lands

Soc. Sec*

4803. Rales of snrrey. posit recdTtble In payment for

4804. Boundaries and contents of pab- land.

lie lands, how ascertained. 4810. Augmented rates for sorreys of

4805. Lines of division of half quarter* lands covered with f6resti»ttc..

sections, how run. in Orej^on.

4806. Contracts for surveys of public 4817. Augmented rates for surreys of

lands, when binding. lands covered with forests, etc,

4807. What instructions to be deemed in California and Washingtoa.

part of contract 4818. Geological surveys, extension of

4808. Prices of surveys, how estab- public surveys, expenses of sub-

llshed. dividing.

4809. Cost of survey of private land 4819. Surveys on rivers in certain

claims to be reported and paid. cases.

4810. Cost of survey of private land 4820. Lines of surveys in Nevada.

claims to be paid. 4821. Geodetic method of survey hi

4811. When survey may be had by set- Oregon and California.

tiers in township. 4822. Rectangular mode of sorrey.

4812. Deposit for expenses of surveys when may be departed from.

deemed an appropriation, etc. 4823. Compensation for surveying by

4813. Repayment of excess of deposits the day in Oregon and Califor-

to cover cost of surveys of min- nia.

eral lands. 4824. Resurveys or retracements of

4814. Deposits made by settlers for surveys to mark boundaries of

public surveys to go in part public lands undisposed of.

payment of lands. 4825. Protection of surreyor by Bar*

4815. Deposits in Louisiana applicable shal of district.

to resurveys; certificates of de-

§ 4803. (R. S. § 2395.) Rules of survey.

The public lands 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 an Indian reservation, or of tracts of land heretofore sur-
veyed or patented, or the course of navigable rivers, may render this
impracticable; and in that case this rule must be departed from no
further than such particular circumstances require.

Second. The corners of the townships must be marked with pro-
gressive numbers from the beginning; each distance of a mile be-
tween such corners must be also distinctly marked with marks differ-
ent from those of the corners.

Third. The township 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 making a corner on each of such lines, at the end of
every mile, ^he sections shall be numbered respectively beginning
(1984)



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Ch. 9) THE PUBLIC LANDS § 4804

with the number one in the northeast section and proceeding west
and east alternately through the township with progressive numbers
till the thirty-six be completed.

Fourth. The deputy surveyors, respectively, shall cause to be.
marked on a tree near each corner established in the manner de-
scribed, 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 deputy surveyors shall carefully note, in their respective field-
books, the names of the corner-trees marked and the numbers so
made.

Fifth. Where the exterior lines of the townships which may be sub-
divided into sections or half-sections exceed, or do 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 north to south; 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.

Sixth. All lines shall be plainly marked upon trees, and measured
with chains, containing two perches of sixteen and one-half feet
each, subdivided into twenty-five equal links ; and the chain shall be
adjusted to a standard to be kept for that purpose.

Seventh. Every surveyor shall note in his field-book the true
situations of all mines, salt licks, salt springs, and mill-seats which
come to his knowledge; all water-courses over which the line he
runs may pass ; and also the quality of the lands.

Eighth. These field-books shall be returned to the surveyor-gen-
eral, who shall cause therefrom a description of the whole lands sur-
veyed to be made out and transmitted to the officers who may super-
intend the sales. He shall also cause a fair plat to be made of the
townships and fractional parts of townships contained in the lands,
describing the subdivisions thereof, and the marks of the corners.
This plat shall be recorded in books to be kept for that purpose;
and a copy thereof shall be kept open at the surveyor-general's office
for public information, and other copies shall be sent to the places of
the sale, and to the General Land-(Jffice.

Act May 18, 1796, c. 29, § 2, 1 Stat. 465. Act May 10, 1800, c. 55, § 3,
2 Stat 73.

Surveys of forest reserves were provided for by Act June 4, 1897, c. 2, | 1,
par. 2, post, § 5124, and Act March 3, 1899, c. 424, § 1, post, § 5136.

Surveys of abandoned military reservations were provided for by Act July
5, 1884, c 214, § 2, post, § 5004.

The system of public land surveys was extended to Alaska by Act March 3,
1899, c 424, S 1, post, § 5045.

§ 4804. (R. S. § 2396.) Boundaries and contents of public lands,
how ascertained.

The boundaries and contents of the several sections, half-sections,
and quarter-sections of the public lands shall be ascertained in con-
formity with the following principles :

^'irst. All the corners marked in the surveys, returned by the sur-
Comp.St.'13-125 (1985)



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§ 4804 THB PUBLIC LANDS (Tit. 32

veyor-general, shall be established as the proper comers of sections,
or subdivisions of sections, which they were intended to designate;
and the comers of half and quarter sections, not marked on the
surveys, shall be placed as nearly as possible equidistant from two
corners which stand on the same line.

Second. The boundary-lines, actually mn and marked in the sur-
veys retumed by the surveyor-general, shall be established as the
proper boundary-lines of the sections, or subdivisions, for which they
were intended, and the length of such lines, as retumed, shall be
held and considered as the true length thereof. And the boundary-
lines which have not been actually run and marked shall be ascer-
tained, by running straight lines from the established comers to
the opposite corresponding corners; but in those portions of the
fractional townships where no such opposite corresponding comers
have been or can be fixed, the boundary-lines shall be ascertained by
mnning 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 town-
ship.

Third. Each section or subdivision of section, the contents whereof
have been returned by the surveyor-general, shall be held and consid-
ered as containing the exact quantity expressed in such retum ; 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 retumed con-
tents of the section of which they may make part

Act Feb. 11, 1805, c 14, | 2, 2 Stat 813.

§ 4805. (R. S. § 2397.) Lines of division of half quarter-Mctioiit,
how ruit
In every case of the division of a quarter-section the line for the
division thereof shall mn north and south, and the comers and con-
tents of half quarter-sections which may thereafter be sold, shall be
ascertained in the manner and on the principles directed and pre-
scribed by the section preceding, 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 mles and regulations as may be prescribed by the Secretary of
the Interior, and in every case of a division of a half quarter-section,
the line for the division thereof shall run east and west, and the
corners and contents of quarter quarter-sections, which may there-
after be sold, shall be ascertained as nearly as may be, in the man-
ner, and on the principles, directed and prescribed by the section
preceding ; and fractional sections containing fewer or more than one
hundred and sixty acres shall in like manner, as nearly as may be
practicable, be subdivided into quarter quarter-sections, under such
mles and regulations as may be prescribed by the Secretary of the
Interior.

Act April 24, 1820, c. 51, | 1, 3 Stat 566. Act April 5, 1832, c. 6S. 4 8ut
603.

(1986)



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Ch. 9) THE PUBLIC LANDS § 4809

§ 4806. (R. S. § 2398.) Contracts for surveys of public lands, when
binding.

Contracts for the survey of the public lands shall not become bind-
ing upon the United States until approved by the Commissioner of
the General Land-Office, except in such cases as the Commissioner
may otherwise specially order.

Act May 30, 1862, c. 86» { 1, 12 Stat 409.

§ 4807. (R. S. § 2399, as amended. Act Oct 1, 1890, c. 1262, Act
Aug. 15, 1894, a 288, and Act April 26, 1902, c. 592.) What
instructions to be deemed part of contract.
The printed manual of surveying instructions for the survey of
the public lands of the United States and private land claims, pre-
pared at the General Land Office, and bearing date January first,
nineteen hundred and two, the instructions of the Commissioner
of the General Land Office, and the special instructions of the sur-
veyor-general, when not in conflict with said printed manual or the
instructions of said Commissioner, shall be taken and deemed to be
a part of every contract for surveying the public lands of the United
States and private land claims.

Act May 30, 1862, c. 86, § 2, 12 Stat. 409. Act Got 1, 1890, c 1262, 26
Stat 650. Act Aug. 15, 1894, c. 288, 28 Stat. 286. Act AprU 26, 1902, c
592, 32 Stat 120.

This section, as originally enacted, made the manual of Feb. 22, 1855, part
of every contract for surveying. It was amended by Act Oct 1, 1890, c. 1262,
cited above, to provide that the manual of Dec. 2, 1889, should be a part of
every such contract, and was again amended by Act Aug. 15, 1894, c. 288,
also cited above, by substituting the manual of June 30, 1894, and was fur-
ther amended by Act April 26, 1902, c. 592, last cited above, by substituting the
Manual of January 1, 1902, as set forth here.

§ 4808. (R. S. § 2400, as amended. Act March 3, 1875, c. 130, § 1.)

Prices of surveys, how established.
The Commissioner of the General Land-Office has power, and it
shall be his duty, to fix tl^e prices per mile for public surveys, which
shall in no case exceed the maximum established by law ; * *

Act May 30, 1862, c. 86, § 3, 12 Stat. 409.

The part of this section omitted here required an accurate account of the
cost of surveying and platting private land-claims to be kept by the su^veyo^
general and reported to the General Land Office, and also provided that pat-
ents for private land claims should not issue untU the cost of surveying and
platting them had been paid by the claimant. This last provision, requiring
payment by the claimant of the cost of the survey, was repealed by Act March
3, 1875, c 130, § 1, 18 Stat 384.

An the provisions of this section, as enacted in the Revised Statutes, which
are omitted here, were superseded and substantially re-enacted by Act July
31, 1876, c 246, post. § 4809, and the requirement of the payment of the cost of
surveying and platting private land claims before issuance of patent was again
substantially re-enacted by Act March 3, 1885, c. 360, post, { 4810.

Appropriations for surveys and resurveys of the public lands are made In the
annual sundry civil appropriation acts, in which the rates of payment there-
fore are prescribed or limited for the particular year. The provisions for the
fiscal year 1914 were by Act June 22, 1913, c. 3, { 1, 38 Stat. 46.

§ 4809. (Act July 31, 1876, c. 246.) Cost of survey of private land
claims to be reported and paid.
That an accurate account shall be kept by each surveyor-gen-

(1987>



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§ 4809 THE PUBLIC LANDS (Tit 32

eral of the cost of surveying and platting every private land claim to
be reported to the General Land Office with the map of such claim ;
and that a patent shall not issue nor shall any copy of any such
survey be furnished for any such private claim until the cost of
survey and platting shall have been paid into the Treasury of the
United States by the party or parties in interest in said grant or by
any other party. (19 Stat. 121.)

This was a proyision of the sundry civil appropriation act for the fiacal jcar

1877, cited above.
A proviso annexed to this provision, requiring, before a convcjanoe of bi»d

franted to any railroad company, payment of the cost of surveying, etc, tb#

same, is set forth post, | 4882.

§ 4810. (Act March 3, 1885, c. 360.) Cost of survey of {Mrivate land
claims to be paid.
That hereafter in all cases of the survey of private land claims the
cost of the same shall be refunded to the Treasury by the owner
before the delivery of the patent. (23 Stat. 499.)

This was a provision of the sundry civil appropriation act for the fiscal year
1886, cited above.
See note to R. a | 2400, ante, | 480a

§ 4811. (R. S. § 2401, as amended. Act Aug. 20, 1894, c 302, { 1.)
When survey may be had by settlers in township.
When the settlers in any township not mineral or reserved by the
Government, or persons and associations lawfully possessed of coal
lands and otherwise qualified to make entry thereof, or when the
owners or grantees of public lands of the United States, under any
law thereof, desire a survey made of the same under the authority
of the surveyor-general and shall file an application therefor in writ-
ing, and shall 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 expenditures incident thereto, without cost or claim
for indemnity on the United States, it shall be lawful for the surveyor-
general, under such instructions as may be given him by the Com-
missioner of the General Land Office, and in accordance with law, to
survey such township or such public lands owned by said grantees
of the Government, and make return therefor to the general and
proper local land office: Provided, That no application shall be
granted unless the township so proposed to be surveyed is within the
range of the regular progress of the public surveys embraced by ex-
isting standard lines or bases for township and subdivisional surveys.
Act May 30, 1802, c 86, | 10, 12 Stat 410. Act Aog. 20, 18&4, e. 802, |
1, 28 Stat. 423.

This section as originally enacted was as follows:

**When the settlers in any township, not mineral or reserred by OoTarescBt,
desire a survey made of the same, under the authority of the turTeyor-ffeDerml.
and file an application therefor in writinf^, and deposit in a proper Uaitcd
States depository, to the credit of the United States, a sum sufficient to pay
for such survey, together with all expenses incident thereto, witboat cost or
claim for indemnity on the United States, it may be lawful for the surreyor-
general, tinder such instructions as may be given him by the CommiasioDer of
the General Land-Office, and in accordance with law, to surrey such towiH
ship and make return thereof to the general and proper local laiid-office, pro-
▼idod the township so proposed to be surveyed is within the range of the rrf>

(1988)



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Ch. 9) THE PUBLIC LANDS § 4813

ular progress of the public surveys embraced by existing standard lines or bases
for the township and subdivisional suryeys."

It was amended by Act Aug. 20, 1894, c 802, § 1, cited above, to read as
set forth here.

The deposits in Louisiana may be used in making resurveys, by Act Aug. 7,
1882, c. 433, i 1, post, § 4815.

Besurveys of particular public lands, without petitions therefor from set-
tlers on such lands, were authorized by special acts: Lands in Nebraska, by
Act May 19, 1908, c. 176, 35 Stat 165 ; in Wyoming, by Act May 29. 1908,
c 220, §S 1, 2, 35 Stat 465 ; in Louisiana, by Act May 25, 1906, c 2554, 84
Stat 199.

§ 4812. (R. S. § 2402.) Deposit for expenses of surveys deemed
an appropriation, etc.
The deposit of money in a proper United States depository, under
the provisions of the preceding section, shall be deemed an appropri-
ation 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 appropria-
tions for the surveying-service ; but any excesses in such sums over
and above the actual cost of the surveys, comprising all expenses inci-
dent thereto, for which they were severally deposited, shall be repaid
to the depositors respectively.

Hes. July 1, 1864, No. 60, 13 Stat 414.

A permanent appropriation for repayment to depositors of money for ex-
penses incident to surreys of the excess over the actual cost and expenses
of the surveys was made by K. S. f 3689, post, § 6799.

Besides the provisions of this section for repayment of excesses of de-
posits for expenses of surveys over the actual cost of the surveys, provisions
for repayment of such excesses of deposits to cover the cost of survey •t
mineral lands were made by Act Feb. 24, 1909, c 180, post, § 4813.

§ 4813. (Act Feb. 24, 1909, c. 180.) Repa3mient of excess of de-
posits to cover cost of surveys of mineral lands.
That the Secretary of the Treasury be, and he is hereby, au-
thorized and directed to pay, out of the moneys heretofore or
hereafter covered into the Treasury from deposits made by in-
dividuals to cover cost of work performed and to be performed in
the offices of the United States surveyors-general in connection
with the survey of mineral lands, any excess in the amount de-
posited over and above the actual cost of the work performed, in-
cluding all expenses incident thereto for which the deposits were
severally made or the whole of any unused deposit; and such
sums, as the several cases may be, shall be deemed to be annually
and permanently appropriated for that purpose. Such repayments



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 106 of 150)