that they may be referred to and considered in transmitting the case to the Secretary, if deemed expedient by the Commissioner. Examination of cases on appeal to the Secretary will be facilitated by filing in printed form such argument as it is desired to have considered. Decisions of the Commissioner not appealed from, within the period prescribed, become final, and the case will be regularly closed. (Revised Statutes, sec. 2273.) The decision of the Secretary is necessarily final, so far as respects the action of the Executive. VI. How Much Land One Person Can Take. To obtain the largest amount of land from the Government at the least cost, a party should first enter 160 acres under the preemption laws (Chapter IV), which will cost $1.25 or $2.50 an acre; then enter 160 acres more under the homestead laws (Chapter III), and also make entry of 160 acres under the timber culture laws (Chapter V), where the land is naturally devoid of timber-480 acres will thereby be secured at an average cost of about 50 cents an acre. The usual way is to make an entry under the homestead laws, and at once another entry ander the timber culture laws, because it is cheaper to do so, and there is no delay to prove up. ander the preemption laws-320 acres will thereby be obtained at a cost of $36 for fees and commissions-which is equal to about II cents an acre. An entry can thereafter be made under the desert land laws of 640 acres, and one entry is allowed under each of the several laws mentioned in Chapter VI. Under the mining laws as many entries are allowed as a party owns legal claims. After an entry has been made under the preemption, homestead, and timber culture laws, the same person may buy as much land at public sale and private entry-also of the State government, corporations, and individuals—as his means and inclination permit. VII. Definitions.-What Can be Done by an Agent. A Declaratory Statement is a written notice that the party making it claims certain land. He files it in the local land office, and it reserves the land for a certain length of time, according to the law under which he claims. No title or vested right is secured thereby, as it is simply a notice or warning to the world of his claim. See Forms on pages 44, 62, 63, 66, 67, 105. An Application is a written offer to purchase, describing the land and signed by the applicant. See pages 9, LI, 25, 27, 44, 47, 82, 106. An Entry, on the other hand, is that act whereby a tract of public land becomes private property, when a qualified party pays the government officers the required fee, commission, cash or equivalent, and the certificate and receipt as evidence of the proceeding are issued in accordance with law. No person can make homestead, pre-emption, or timber culture entry by an agent; that is to say, an agent cannot sign the applicant's name nor swear to the necessary papers. A claimant cannot make such entry except when within the limits of the land district wherein the desired land is situated. Entry papers after being properly prepared may be presented at the local office by an agent, and the fees and commissions may be paid by the agent. A Declaratory Statement may be filed under the Soldiers' and Sailors' Homestead Law, but not under the other homestead laws. Agency is recognized in making and filing such Declaratory Statement. See pages 44, 62, 63. A pre-emption Declaratory Statement cannot be signed by an agent. See pages 66, 67. The only other law under which a declaratory statement is allowed is the Coal Land law. See page 105. Under the Desert Land Law, is a declaration of proposed reclamation. See page 108. An agent cannot make either of these (except in case of a corporation.) From the above it will be seen that an agent or attorney can do but little more than assist a settler. A party must go to the land he desires, and settle upon and cultivate it personally under the pre-emption and homestead laws. Under the timber culture law the claimant after making the entry may leave the entered land in charge of an agent to cultivate and set out the trees. But the claimant is held responsible for the proper care of the trees, and his entry will be liable to contest if the law is not complied with. CHAPTER II. UNITED STATES SYSTEM OF SURVEYS. How to Find a Tract of Land. The beginning or initial point for the surveys within a given surveying district having been determined upon, a principal base line (see diagram, line A B,) is surveyed on a true parallel of latitude east and west therefrom. The principal meridian (see diagram, line CD,) is extended due north and south of the same point. The law requires that the meridional lines shall be run on the true meridian; 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 (see diagram, lines E F and G H,) 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, Guide meridians (see diagram, line I K,) 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 the base line and standard parallels are established at the intersection of the meridional lines therewith, thus, owing to the convergency of meridians, occasioning a double set of corners, on those lines, which are designated as "standard corners" and "closing_comers." In rugged mountain regions it has been found necessary to depart somewhat from the regular system of extending the standard lines, owing to the impracticability of surveying them in place. Under these circumstances, the principal lines are run and marked in localities, admitting of the extension, by means of offsets on township lines, marking them as such in the field. The parallelograms formed by the base, line, principal meridian, standard parallels, and guide meridians, twenty-four by forty-eight miles in extent, north of the base line, and thirty by forty-eight miles south of the base, constitute the frame-work of the rectangular system of surveys. These parallelograms are each subdivided into townships six miles square, containing, as near as may be, 23,040 acres, and again each township is subdivided into thirty-six sections one mile square, containing, as near as practicable, 640 acres each. The sections of one mile square are the smallest tracts the out-boundaries of which the law requires to be actually surveyed. Their minor subdivisions are defined by law, and the surveyors-general, in protracting township plats from the field-notes of sections, designate them in red ink, the lines being imaginary, connecting opposite quarter-section corners, thereby dividing the section into four quarter-sections of 160 acres, and these, in their turn, into quarter-quarter sections of 40 acres cach, by imaginary lines starting from points equidistant between the section and quartersection corners, and running to opposite corresponding points. These imaginary lines may at any time be actually surveyed by the county surveyor at the expense of the settler. The sections in each township are numbered, beginning in the north-east corner, from I to 36 inclusive, as shown in the township plat on the next page. Sections 16 and 36 are called school sections, and if agricultural belong to the State or are reserved in a Territory, for school purposes. They can only be bought at the State Land Office, unless they contain minerals or were settled upon prior to survey, when they are sold at the United States Land Office. The sections on the northern and western boundaries of a township are fractional, i, e., they do not contain exactly 640 acres. The small fragments are called Lots, and are numbered from I upwards in each section. Frequently sections in the interior are fractional on account of lakes, res ervations, and other causes. HOW TOWNSHIPS ARE NUMBERED. A tier of townships running north and south is called a range, and each range is numbered as it is east or west of the Principal Meridian. Each township is also numbered as it is north or south of the Base Line. A glance at the diagram on the following page will illustrate the method of distinguishing townships. 5 N means a fifth township north of the base line. 2 S means a second township south of the base line. 5 E means a township in range 5 east of the Principal Meridian. 2 W means a township in range 2 west of the Principal Meridian. Hence the township in the extreme northeast corner of the Diagram is Township 5 North of Range 8 East. The Principal Meridian is named, if otherwise there is a possibility of mistake. The 40-acre tract in the extreme southwest corner of school section 16 in the same township would be described thus: The southwest quarter of the south-west quarter of section 16, in Township 5 north, of Range 8 East (Mount Diablo Meridian, California). In figures, it would be written S. W. 1⁄4, S.W. %, Sec. 16, T. 5 N., R. 8 E., M. D. M. Where would you find the following tract? N. E. 1⁄4, S. E. X, Sec. 1, T. 2 S, R. 6 E.-Ans. It is marked on the Diagram with an X, and on the Township plat with a square. HOW TO TELL CORNERS. The following extracts from the Manual of Surveying Instructions illustrate the manner of establishing the corners of the public surveys: MANNER OF ESTABLISHING CORNERS BY MEANS OF POSTS. Township, sectional or mile corners, and quarter sectional or half mile corners, will be perpetuated by planting a post at the place of the corner, to be formed of the most durable wood of the forest at hand. The posts must be set in the earth by digging a hole to admit them two feet deep, and must be very securely rammed in with earth, and also with stone, if any be found at hand. The portion of the post which extends above the earth must be squared off sufficiently smooth to admit of receiving the marks thereon, to be made with appropriate marking irons, indicating what it stands for. Thus the sides of township corner posts should square at least four inches, (the post itself being five inches in diameter,) and must protrude two feet at least, above the ground; the sides of section corner posts must square at least three inches, (the post itself being four inches in diameter,) and protrude two feet from the ground; and the quarter section corner posts and meander corner posts must be three inches wide, presenting flattened sur faces, and protruding two feet from the ground. W Where a township post is a corner common to four townships, it is to be set in the earth diagonally, thus: On each surface of the post is to be marked the number of the particular township and its range, which it faces. Thus, if the post be a common boundary to four townships, say one and two, south of the base line, of range one, west of the meridian; also, to townships one and two, south of the base line, of range two, west of the meridian, it is to be marked thus: (R. 1 W. IW. From N. to E. T. IS From E. to S. 2 S. S. 31 From N.toW. 6 2 W. I S. 36 (2 W. FromW.to S. 2S. Section or mile-posts, being corners of sections, and where such are common to four sec tions, are to be set diagonally in the earth (in the manner provided for township corner posts), and on each side of the squared surfaces (made smooth, as aforesaid, to receive the marks) is to be marked the appropriate number of the particular one of the four sections, respectvely, which such side faces; also, on one side thereof are to be marked the numbers of its township and range; and to make such marks yet more conspicuous in manner aforesaid, a streak of red chalk is to be applied. Pit. six notches on each of the four angles of the squared part set to the cardinal points. All mile posts on township lines must have as many notches on them, on two opposite angles thereof, as they are miles distant from the township corners, respectively. Each of the posts at the corners of sections in the interior of a township must indicate, by a number of notches on each of its four corners directed to the cardinal points, the corresponding number of miles that it stands from the outlines of the township("). The four sides of the post will indicate the number of the section they respectively face. Should a tree be found at the place of any (*) Only on two edges in surveys made since 1864. See page 25. |