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grant a patent under the seventh section of the act of July, 1866, "to quiet land titles in California," unless the purchaser bring himself by affirmative proofs within the terms of the section.

Secretary v. McGarrahan, 9 Wall. 298.

§ 23. Indemnity to States.-With the approval of the secretary of the interior, the commissioner may, upon satisfactory proof, allow indemnity to the several states for swamp and overflowed lands, granted to them by the act of September 28, 1850, and sold by the United States prior to March 3, 1857.

R. S. 2482.

Under this provision, a state is entitled to the purchase money of swamp lands within her limits, which were entered, with cash, prior to the passage of the act of March 3, 1857. She is also entitled to indemnity in land for such swamp lands as were located, with warrant or scrip, prior to the passage of that act. 11 Opinions Attorney General, 467.

In states and territories where there is no land office, entries of land may be made at the general land office.

19 Stat. 315; 20 Id. 201.

And when from any cause the office of surveyor general of any state or territory becomes vacant, or is abolished or discontinued, all matters in relation to the survey of lands in such state or territory shall be vested in the commissioner of the general land office.

10 Stat. 152.

§ 24. Recorder and Secretary.-There is in the general land office an officer called the recorder, whose duty it is to affix the seal of the office to all patents, and attend to the correct engrossing, recording, and transmission of such patents.

R. S. 259.

And the president is authorized to appoint a secretary, whose duty it is, under the direction of the president, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States.

R. S. 450.

§ 25. Effect of Listing to Slates.-By section 2449 of the revised statutes, it is provided that where lands have been, or may hereafter be, granted by any law of congress to any one of the several states or territories, and where such law does not convey the fee-simple title of the lands, or require patents to be issued therefor, the lists of such lands as have been, or may

hereafter be, certified by the commissioner of the general land office, under the seal of his office, either as originals or copies of the originals or records, shall be regarded as conveying the fee simple of all the lands embraced in such lists that are of the character contemplated by such act of congress, and intended to be granted thereby.

§ 26. Duties of the President and Secretary.-Though the grant of September 28, 1850, was a grant in præsenti of swamp lands, yet the identification of them was a duty imposed on the secretary of the interior.

R. R. Co. v. Smith, 9 Wall. 95.

The act of March 3, 1857 (11 Stat.) confirmed to the several states their selections of swamp lands which had then been reported to the commissioner of the general land office so far as the land was then vacant and unappropriated.

Martin v. Marks, 7 Otto, 345.

By the third section of the fourth article of the constitution of the United States, congress is invested with exclusive and absolute power "to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States."

Under the land system, congress makes the laws; the president executes them. The president can not order lands sold without the authority of congress. He is simply at the head of the executive department of the government.

Lands within the limits of the Pacific railroad and branches belonging to the government, in the even-numbered sections, were restricted to homestead and pre-emption entry by the act of March 6, 1868. Under the act of March 3, 1811, the vacant lands, generally in the Louisiana purchase, are subject to be proclaimed for sale by the president.

$ 27. Public Lands Inclosed.-An apparent obstruction to the free disposition of public lands has been raised quite recently by two decisions of the supreme court of the United States. Atherton v. Fowler, 6 Otto, 513; Hosmer v. Wallace, 7 Id. 575.

The public land commission created by congress seem to think the effect of these decisions is that parties, whether qualified settlers or not, or whether desiring to acquire title or not, may take possession of and hold as squatters any quantity of the surveyed unoffered lands of the United States, to the exclusion of parties legally qualified who desire to take the benefit of the pre

emption, homestead, and timber-culture acts, and they say that the government is powerless to enforce the settlement laws.

Public Domain, note bottom p. 15.

It would seem, however, that at least a partial remedy for this difficulty may be found in 2 Stat. 445, 448, 654, which, amongst other provisions, authorizes the president to direct the marshal, and if necessary to employ military force, to remove from public lands any person or persons who take possession of the same, or make or attempt to make a settlement thereon until thereunto authorized by law.

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§ 32. Deposit of Money for Survey.

§ 33. Effect of Calls, Courses, and Distances.

§ 28. Extension of Surveys.-The cessions of territory by the several states were organized from time to time into geographical divisions by the laws creating them, and the lands were ordered to be surveyed, including lands to which the Indian title had been or would be extinguished. The same proceeding took place with purchased territory in 1803, 1819, 1848, 1850, and 1853.

The extension of the surveys being authorized by congress over a district of country, the commissioner of the general land office directs the surveyor general of the district, whose office is created by the law prior to extending the surveys, to begin the

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§ 29. Rectangular System. The land surveys under the United States are uniform, and done under what is known as the "rectangular system." This system of surveys was reported from a committee of congress, May 7, 1784. The committee consisted of Thomas Jefferson, chairman, Messrs. Williamson, Howell, Gerry, and Reas. Its origin is not known, beyond the committee's report.

The act of cession of the state of Virginia, of her western territory, provided for the formation of states from the same not less than one hundred nor more than one hundred and fifty miles square. This square form of states may have influenced Mr. Jefferson in favor of a square form of survey, and besides, the even surface of the country was known, the lack of mountains and the prevalence of trees for marking it also favoring a latitudinal and longitudinal system. Certain east and west lines run with the parallels of latitude, and the north and south township lines with the meridians.

The system, as adopted, provided for sale in sections of 640 acres, one mile square. In 1820, a quarter-section, or 160 acres, could be purchased. In 1832, subdivisions were ordered by law into 40-acre tracts, or quarter quarter-sections, to settlers, and in 1846, to all purchasers.

Since the adoption of the rectangular system of public surveys, May 20, 1785, twenty-four initial points, or the intersection of the principal bases with surveying meridians, have been brought into requisition to secure certainty and brevity of description in the transfer of public lands to individual ownership. From the principal bases, townships of six miles square are run out and established, with regular series of numbers counting north and south thereof, and from the surveying meridians a like series of ranges are numbered, both east and west of the principal meridians.

This system of survey and description is one of great simplicity; and its adoption has been of incalculable benefit to the vast area of country over which it has been extended.

By sections 2409 and 2410, revised statutes, the secretary of the interior is authorized in his discretion to direct a departure from the rectangular mode of survey in California and Oregon.

The rectangular system requires that the meridional lines shall be run on the true meridians (R. S. 2395); therefore, in order to counteract the error that would otherwise result from the convergency of meridians as they run to the north pole, and also to check errors arising from inaccuracies in measurements on meridian lines, standard parallels or correction lines are run and marked at every four townships or twenty-four miles north of the base, and at every five townships or thirty miles south of the same.

But in California, probably through a mistake or blunder of the first surveyor in that state, these parallels or correction lines are run and marked at every five townships or thirty miles north of the base, and at every four townships or twenty-four miles south of the same. "Guide meridians" are next surveyed at intervals of eight ranges or forty-eight miles east and west of the principal meridian, starting north of the base in the first instance from that line and closing on the first standard north, then starting from the first standard and closing on the second standard north, and so on. South of the base line, the guide meridians start from the first standard south, and close on the base line; then starting from the second standard, and closing on the first standard; and again starting from the third standard, and closing on the second, and so on. The closing corners on

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