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be recorded, &c.
is such that they cannot be signed within a reasonable time by the secretary appointed under the preceding section, the President may appoint an assistant secretary to sign the same, but such assistant shall be employed by the express direction of the President, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature.
9 Stat. 209; R. S. 451.
SEC. 74. In all cases in which land has heretofore or shall military lands to hereafter be given by the United States for military services, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior; and such warrants shall be recorded in the General Land Office, in books to be kept for the purpose, and shall be located as is or may be provided by law; and patents shall afterwards be issued accordingly.
2 Stat. 717; R. S. 457. Taylor et al. v. Brown, 5 Cranch, 234. Laniviere v. Madagan, 1 Dillon, C. C. 455; Rice v. Taylor, 2 id. 23; Lewis v. Baird, 3 McLean, C. C. 56; Price v. Johnston, 1 Ohio St. 390; Wood v. Ferguson, 7 id. 288. Copies of paSEC. 75. Whenever any person claiming to be interested pers filed in the in or entitled to land under any grant or patent from the department. United States applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the General Land Office, for the person so applying.
Principal clerk of the surveys.
3 Stat. 721; 5 id. 111; R. S. 460.
SEC. 76. There shall be in the General Land Office a principal clerk of the surveys, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of one thousand eight hundred dollars a year. He shall direct and superintend the making of surveys, the returns thereof, and all matters relating thereto, which are done through the officers of the surveyor-general, and perform such other duties as may be assigned to him by the Commissioner of the General Land Office.
5 Stat. 110; R. S. 449.
eral, how and
SEC. 77. There shall be appointed by the President, by and Surveyors-genwith the advice and consent of the Senate, a surveyor-gen- where appointed. eral for the States and Territories herein named, embracing, respectively, one surveying district, namely: Louisiana, Florida, Minnesota, Kansas, California, Nevada, Oregon, Nebraska and Iowa, Dakota, Colorado, New Mexico, Idaho, Washington, Montana, Utah, Wyoming, Arizona.
Salary of, in Louisiana, Flor
3 Stat. 755; 4 id. 492; 9 id. 496; 10 id. 244, 306, 308, 309, 611; 11 id. 212; 12 id. 176, 214, 244; 14 id. 77, 85, 344, 542; 15 id. 91; 16 id. 65, 230; 17 id. 76; 18 id. 18, 34, 121, 122, 123, 201, 303; 19 id. 126, 207; R. S. 2207.
SEC. 78. The surveyors-general of Louisiana, Florida, Minida, Minnesota, nesota, Kansas, Nebraska and Iowa, and of Dakota TerriNebraska and Iowa, and Da-tory, shall each receive a salary at the rate of two thousand dollars a year.
Salary of, in
3 Stat. 755; 4 id. 493; 12 id. 244; 17 id. 76; R. S. 2208.
SEC. 79. The surveyors-general of Oregon and of WashOregon and Washington. ington shall each receive a salary at the rate of two thousand five hundred dollars a year.
Salary of, in Colorado, New
9 Stat. 496; 10 id. 158, 248, 306, 674; 12 id. 410; 17 id. 76; R. S. 2209. SEC. 80. The surveyors-general of Colorado, New Mexico, Mexico, Califor. California, Idaho, Nevada, Montana, Utah, Wyoming, and nia, Idaho, Ne- Arizona shall each receive a salary at the rate of three thouUtah, Wyoming, sand dollars a year.
Salaries of, in Florida, Oregon,
10 Stat. 244, 308, 611; 12 id. 176, 214, 410; 14 id. 77, 85, 542; 15 id. 91; 16 id. 65, 230; 17 id. 76; R. S. 2210.
SEC. 81. The salary of each surveyor-general of Florida, California, Oregon, and California shall be paid quarter-yearly, and shall how and from commence from the time he enters into bond, as provided by law.
what time pay
Offices, number and location.
3 Stat. 756; 9 id. 496; 10 id. 244; R. S. 2211.
SEC. 82. The surveyor-general's office for Minnesota district shall be located at the city of Saint Paul; that for Idaho Territory at Boise City; that for the district of Nebraska and Iowa at Plattsmouth, in Nebraska; that for each other surveying district at such place as the President, in view of the public convenience, may from time to time direct; and there shall be but one office of surveyor-general in each district.
11 Stat. 212; 13 id. 352; 14 id. 77, 344; R. S. 2212, 2213.
SEC. 83. Every surveyor-general, while in the discharge surveyor-general. of the duties of his office, shall reside in the district for which he is appointed.
Bond of surveyor-general.
5 Stat. 637; R. S. 2414.
SEC. 84. Every surveyor-general shall, before entering on the duties of his office, execute and deliver to the Secretary of the Interior a boud, 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, and for the faithful performance of the duties of his office; and the President has discretionary authority to require a new bond and additional security, under the direction of the Secretary of the Interior, for the lawful disbursement of public moneys.
3 Stat. 697; R. S. 2215, 2216. U. S. v. Vanzandt, 11 Wheat. 184; U. S. v. Tingey, 5 Pet. 115; Farrar and Brown v. U. S., 5 id. 373; U. S. v. Bradley, 10 id. 343; U. S. v. Linn, 15 id. 290; U. S. v. Prescott, 3 How. 578; U. S. v. Boyd, 5 id. 29; Bryan v. U. S., 1 Black, 140; Boyden v. United States, 13 Wall. 17; Bevans v. U. S., 13 id. 56; U. S. v. Thomas, 15 id. 337; U. S. v. Stephenson, 1 McLean, C. C. 462; U. S. v. Linn, 2 id. 501; U. S. v. Ward, 3 id. 179. 8 Op.
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, 1859 (1 Lester's L. L. 340).
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 pa
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 comthe 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.
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.
Free access to public records de
SEC. 89. Under the authority and direction of the Commis. sioner of the General Land Office, any deputy surveyor or livered to States other agent of the United States shall have free access to and conditions of such delivery. 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.
SEC. 90. Every surveyor-general shall engage a sufficient General duties number of skillful surveyors as his deputies, to whom he is of surveyors-genauthorized 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 v. Brown, 5 Cranch, 234; Craig et al. v. Braxford, 3 Wheat. 594; Ellicott et al. v. Pearl, 10 Pet. 412; Brown's Lessee v. 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 v. 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 v. 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. 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 v. Hardy, 28 id. 514; Funkhouser v. Hantz, 29 id. 540; Dent v. Legesson, 29 id. 489; Carondelet w. 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 v. Wilkinson, 13 Cal. 478; Boggs v. Mining Co., 14 id. 279; Mott v. 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 v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; Pope v. Athearn, 42 Cal. 606. Com. G. L. O. Instructions to Surveyors-General, April 17, 1879.