been taken in preventing claims from accumulating in single hands by purchase, and this is generally true of other mining districts.

The second section of the mining act of July 26, 1866, provides that whenever any person or association of persons claim a vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount of not less than one thousand dollars, as aforesaid, it shall be lawful for said claimants to file in the local land office a diagram of said claim, and to enter the same and receive a patent therefor.

In the case referred to, the company claim to come within these provisions, and therefore to be entitled to receive a patent on complying with the other provisions of the statute. The provisos contained in the fourth section of the mining act are understood as relating to locations made since the 26th of July, 1866, and not understood as interfering with the right of purchase when the same are authorized by the local mining

customs.

In the clause, "and not more than three thousand feet shall be taken in any one claim by any association of persons," in the last proviso of the fourth section, the word "taken" is understood to be used in the sense of located; and that clause is construed to mean that not more than three thousand feet shall be located by any association of persons in any location made since the passage of the mining act.

The first proviso limits the quantity that may be located by an individual. The last clause of the second proviso makes a similar limitation as to the quantity that may be located by any association of persons.

[Report of the commissioner for the year 1869.]

TITLE VI.

Survey of Public Lands.

No. 277 B.

Instructions to the Surveyors-General of public lands of the United States relating to their duties and to the field operations of Deputy Surveyors. GENERAL LAND OFFICE, June 1, 1864.

1. THE SURVEYING MANUAL AND INSTRUCTIONS OF THE COMMISSIONER ARE MADE A PART OF THE SURVEYING CONTRACTS BY LAW.

By the 2d section of the act of Congress entitled "An act to reduce the expenses of the survey and sale of the public lands in the United States," approved May 30, 1862, it is provided: "That the printed Manual of Instructions relating to the public surveys, prepared at the General Land Office, and bearing date February twenty-second, eighteen hundred and fifty-five, the instructions of the Commissioner of the General Land Office, and the special instructions of the Surveyor-General, when not in conflict with said printed manual or the instructions of said commissioner, shall be taken and deemed a part of every contract for surveying the public lands of the United States."

In pursuance of law, the following instructions are prescribed for your government and that of your deputies in surveying the public lands :

2. SURVEYS TO BE EXECUTED BY DEPUTY SURVEYORS IN PERSON.

Your attention is especially directed to the last clause of the printed form of contract furnished by this office, which stipulates "that no payment shall be made for any surveys not executed by the said deputy surveyor in his own proper person." It has been the practice of deputies. to take contracts for more surveying than they could perform in person, and then employ one or more compassmen with their auxiliaries to do the work. The object of the stipulation referred to in the contract is to prevent a continuance of this practice.

Deputy surveyors are required to verify by their oath that the surveys embraced in their contracts have been executed in strict conformity with instructions, the requirements of the surveying manual, and the laws of the United States. The deputy cannot consistently make this oath if the work is done by separate parties in other parts of the field from where he is operating.

That there may be no misunderstanding upon this point, you are hereby instructed not to enter into contract with any one deputy for a greater amount of surveying than it may reasonably be expected he will be able to execute in one season, under his own immediate and personal direction, with one surveying party only; and deputy surveyors will be notified

in advance that accounts for surveying done in violation of this rule will not be allowed.

When two deputies enter into joint contract for certain surveys, and only one of them goes into the field, if that one, with a single surveying party, executes all the work in person, his affidavit alone as surveyor, attached to the field notes, will be deemed sufficient, and no impediment. to the payment of his account will result therefrom.

If two deputies, joint parties in a contract, both go into the field, each with a separate surveying party, the field notes must show clearly the particular surveying done by each deputy. The date and the name of the deputy will be stated at the beginning and end of the notes of every continuous part of such survey executed by him, so that it may be distinctly seen by whom each mile of line was run.

The following form of affidavit is prescribed, to be attached to the field notes in cases of joint surveys, in lieu of the one heretofore used, to wit: "I, A. B., deputy surveyor, do solemnly swear that, in pursuance of a joint contract, wherein A. B. and C. D. are joint contractors with S. G., United States Surveyor-General for -, bearing date the

day of 18-, I have well, faithfully, and truly, in my own proper person, and in strict conformity with the instructions furnished by the SurveyorGeneral, the surveying manual, and the laws of the United States, surveyed all those parts or portions of as are represented in the foregoing field notes as having been surveyed under my direction; and I do further solemnly swear that all the corners of said surveys have been established and perpetuated in strict accordance with the surveying manual and printed instructions, and that the foregoing are the true and original field notes of such survey.

The separate affidavit of each deputy, in the above form, will be attached to the field notes of joint surveys.

3. OPERATIONS IN THE FIELD, WHEN TO COMMENCE.

The practice of anticipating the appropriations is deemed unwise and contrary to the spirit of the law. The surveys should not be commenced in advance of the year for which the means is provided by Congress, and no moneys can be used to pay for work done before they were appropriated. This must be regarded as an invariable rule to be rigidly observed in future.

The object of this restriction is to keep back the surveying operations to the legitimate period of time contemplated in the appropriations. These appropriations are made with reference to the current necessities of given years, and if allowed to be absorbed in advance, the purposes of Congress in providing stated sums annually to carry forward the public surveys would be defeated. In order to enable deputy surveyors to avail themselves of the whole season belonging to the fiscal year, however, they may be permitted to commence their operations as soon after the first day of May in each year as notice is received from this office that the appropriations have been made. You will be promptly notified, by mail or telegraph, as circumstances may determine, when the appropriations are passed, and no surveying chargeable to such appropriations must be done before receiving this notice.

4. CONTRACTS MUST BE APPROVED BY THE COMMISSIONER.

The first section of the act of May 30, 1862, provides that contracts for the survey of the public lands shall not become binding upon the

United States until approved by the Commissioner of the General Land Office, except in such cases as the commissioner shall otherwise especially order.

5. REVENUE STAMPS TO BE ATTACHED TO CONTRACTS AND BONDS.

The requirements of the internal revenue law make it necessary that five separate stamps be attached to the several parts of every contract and bond of a deputy surveyor, to wit:

1. To the contract, five-cent stamp; 2. To the affidavit of the deputy surveyor, five cents; 3. To the bond, fifty cents; 4. To the certificate as to the sufficiency of the bond, ten cents; 5. To the oath of allegiance, five cents.

Surveyors-General are reminded that the sufficiency of the sureties to the bonds of deputy surveyors must be certified BY THE PROPER OFFICER

OF A COURT HAVING A SEAL.

6. WHEN DESIRED BY SETTLERS, SURVEYS MAY BE MADE BY THE SURVEYOR

GENERAL AT THEIR EXPENSE IN CERTAIN CASES.

By section ten of an act entitled "An act to reduce the expenses of the survey and sale of the public lands in the United States," approved May 30, 1862, it is provided: "That when the settlers in any township or townships, not mineral or reserved by government, should desire a survey made of the same under the authority of the Surveyor-General of the United States, and shall 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 shall and may be lawful for said Surveyor-General, under such instructions as may be given him by the Commissioner of the General Land Office, and in accordance with existing laws and instructions, to survey such township or townships, and make return thereof to the general and proper local land office: Provided, The townships so proposed to be surveyed are within the range of the regular progress of the public surveys embraced by existing standard lines or bases for the township and subdivisional surveys." (Sec. 10, p. 410, vol. 12, U. S. Laws.)

Applications for surveys under this law must be made to the SurveyorGeneral in writing, upon the receipt of which he will furnish the applicant with an estimate of how much the desired survey will cost. On receiving a certificate of deposit of a United States depositary, showing that the required sum has been deposited with him in a proper manner to pay for the work, you will contract with a competent United States deputy surveyor, and have the survey made and returned in the same manner as other public surveys are.

You are especially enjoined in all cases to state explicitly in your letters furnishing estimates to applicants, that the payment of the amount required for the survey will not give the depositor any priority of claim or right to purchase the land, or in any manner affect the claim or claims of any party or parties thereto; and that, when surveyed, it will be subject. to the same general laws and regulations in relation to the disposition thereof as other public lands are.

The money should be deposited to the credit of the Treasurer of the United States on account of the proper appropriations. A separate estimate is required and a separate deposit must be made for office work and

field work; one to be placed to the credit of the appropriation "for compensation of the Surveyor-General and the clerks in his office," and the other to the credit of the appropriation "for continuing the public surveys." The depositary will issue certificates in triplicate, one of which will be transmitted to this office with the contract and bond of the deputy surveyor.

The account will be adjusted and paid in the same manner as other surveying accounts. Should the amount deposited exceed the cost of survey and all expenses incident thereto, including office work, an account setting forth the fact of such excess may be rendered by the depositor, certified by the Surveyor-General, and transmitted to this office with the final surveying returns, to be reported for payment.

Where a township is surveyed under the provisions of the aforesaid act, the survey must include all the surveyable public land in such township.

7. SMALL ISLANDS MAY BE SURVEYED AT THE COST OF APPLICANTS. Many applications are received at this office for the purchase of small unsurveyed islands which were omitted when the adjacent lands were surveyed. These islands are usually of too little value to justify the government in incurring the expense of survey; but where a party desires the survey made and is willing to pay the cost thereof in advance, upon the conditions set forth in these instructions, it may be done under the provisions of the tenth section of the act of May 30, 1862.

The party desiring the survey to be made must file a written application with the Surveyor-General, giving an intelligible description of the locality of the island, its distance from the main shore, the width of the narrowest channel between it and the main land, with an estimate of its

area.

Upon receiving such application, made in the manner indicated, you will examine the records and data in your office, and if it appears that the island is public land and has not already been surveyed, you will furnish the applicant an estimate of the cost of surveying it, as directed under the sixth head in these instructions, stating explicitly that the depositing of the money will not in any manner affect the rights of parties in said lands, nor give any priority of claim to the depositor.

You will observe particularly that two separate deposits are to be made-one on account of the appropriation for field work, and one on account of the appropriation for office work-a separate certificate for each to be transmitted to this office with the contract and bond of the deputy surveyor.

It will be understood that these instructions relate only to isolated islands, or islands that were admitted when the public surveys were extended over the adjacent lands, and do not apply to islands falling within the regular course of current surveys, which must be included in the contracts for surveying the public lands.

As a general rule, a body of land separated from the main land by a perpetual natural channel may be regarded as an island for the purposes contemplated in these instructions.

8. SURVEY OF SWAMP LANDS.

Contracts with deputy surveyors must of course embrace any "swamp and overflowed" lands which, in alluvial regions, are intermingled with the arable or fast lands. Over all such lands the lines of the public surveys must be extended, as the selections in such cases are made according