The New York herald., 1867-01-29

tav OF the United ia - treasurer, 70 DC passeu
credit Of the fund created by individual deposito
the surveys OF public lands"
Duplicate certificates OF such deposits must be
with the Surveyor General for Transmission 10 this
as IN the case OF deposits for surveys OF pubic
under the 10th section Of the act Of Congress app
May 30, 1852, ana joint resolution OF July l, 1864
After the survey thus Ipaid for shall have been
executed and the plat thereof approved by the Sur
General, designating the number and description Q
location, accompanied by his official certificate "a
value Of the labor and improvements and charac
the vein exposed with the testimony Of two o.
reliable persons cognizant Of the facts on which hi
tihcate may DO founded. as 10 the value Of the
and improvements, the party claiming shall nj
same with the Register and Receiver. and there
pay TO the said Receiver Eve dollars per acre Il
premises embraced in the survey, and shall file
the payment Of tine coss Of survey plat and notice,
satisfactory evidence, which shall be the testimony
least two credible Witnesses that the diagram AID
were posted on the claim for period OF ninety da
required oy law. Thereupou II shall be the duty q
Register 70 transmit TO the General Land ONCE said
survey and description, with the proof endorsed as
factory BY the Register and Receiver, 80 that .
may Tissue II the proceedings are found regular
for more than ono vein or lode.
The unity OF the surveying system is 70 be
tained by extending over the mining districts the
angular methodist least 90 tar as township In,
The contemplated surveys Of the mineral lands I
made by district deputies, under contracts accord
the mode adopted In the survey OF the public land
private land claims, embracing In them all such vd
iodes as will be called for by claimants entitled 4
them surveyed u
In consideration or the very limited scope Of 4
ing involved In each mining claim, the pei n
allowed by law may not be adequate 70 secure q
vices Of scientific surveyors; and hence the neces
resorting 70 per dssm principle. u being th4
equitable under the circumstances.
The Surveyor General is, therefore, hereby autl
70 commission resident mineral surveyors for
~ tyIxo i.<lo otoAf fvuu
lutely incoavenient for one surveyor promptly 70
to the several calls for surveying In such
ues, the compensation mot 70 exceed
Go.isrs nci1, Per diem Including an al ,n,1 ~
o. $4,000 for The faithful performance OF thstrX
IN the survey 0f such claims as tho surveyor
may be required to execute in the pursuance
Aforesaid law and these instructions.
The fourth scctton c0ntemplates tine location AMI
OF mine upon unsurveyed lands sttpulafing
surveys Of public lands 70 be adjusted to the iine
claims according to the location and possessi on
raj Is authorized % vary from the rectangular
SUIT the circumstances Of the country, local ruli
and customs Of miners. The extent OF the
made from aud after the passage OF the act sha
ever not exceed two hundred feet In length al
vein for each locator, with m additional ciaam
c0very 70 the disoovorer Of the lode, with the
follow such vein 10 any depth. with all its dip
tons and angles. together with . reasonable qua
surface for the convenient working Of the same.
by local rules, provided no person may make M
Que location In the same lode, and no more tn
thousand feet shall be taken in any one CLAIM
associition or porsona nA
a The deputy surveyors should be scientific M
ble 70 examine and report fully On every iode
survey, and to bring in duplicate specimens OF
one Of which you will send TO this Of1ce. and q
the Surveyor General viii keep 70 be ultimatel
over with the surveying archives 70 the State
The surveyors or mineral claims, whether In
or unsurveysd hands, must designate these ola
progressive series Of numbers, beginning with
IS 70 avoid interference In thas respect with tn
sectional sefies or members II each township,
dasignate she -four corners Of each claim, wher
lines Of The eome are known, 80 that such ooSnS
given, By either trees, II any are found standihg
diagonaily and deeply imbsddsd with four sid(
adjoining claims suficisntly nattsned to adm
scriptions thereon: but whore tie corners are
It win b sufhcient to plsce well 6uilt solid
each edd ef The elsim. Ths beginsing oorn
claim nsarcst 70 any corners q Che public 9
TO BE- connected BY course dna distauc
10 ssoeftnln tbs relative pceitttn of 81
L. refsfsnce 70 township -. sengs,
Sans hsys bssn surveyed, bgt n tho9e parts o
veying district where no such lines hays - ~
tended 4 viii be the duty q slrveyosa gsneu
the n1As surveyed and maRbed, q lsastsef fsr q
and toynship ines are csecerned afesns 4s
meet ths nearest CORNERS sf The mineral ciaims
oorn6rs q Tie public surveyA t3a
Should u, however, b found impracttcabls
lish independent base and meridian lines. %
tow1ship Hines over the region coniaining mins
required 70 be surveyed undsr the law. t1en q
cn6o you will cause 70 b surveyed IN The ars
such claim, The initial point Of which wiz
from coonuence OF waters Or sucn nasura!,s
the beginning Of the survey q she claim q
other surveys will depend.
(. Section. provides that in caees whore Oh
Congress- arc silent upon the subject Of rules
mines respecting easements. drainage and q
sary means to the complete development Of
the local Legislature OF any State or Territory
vide them and In order 10 emb0dy such
into patents you are directed to communicate
laws 70 this Office.
SEc. Q. Should adverse claimants 70 any ID
before the approval OF the survey Ml furthe|
ings shall be stayed until final settlement q
such claim, except whore tho parties agree
ment, or portion OF tho premises 10 not
when patent may issue a. In othor cases.
Sos ton provides for such additional land
may be necessary section for the right
zion for the protection VI rights to the us>
for mining, agricultural, manufacturing or
poses, for the night OF way for the construction
and canals, and makes parties constructing
alter the passage OF this act 70 the injury
liable In damages.
SEc. TO- Homesteads made prior 10 the pass
act by citizens Of the United States or persons
declared their intention TO become citizens, bu
lands no valuable mines OF gold, silver, d
copper have been discovered, are protsGt
settlers or owners OF such homasteads eh
right or pre -emptinn thereto in quantity not
ono hundred and sixty acres at 81 Is per
avail themselves Of tho homestead act and act
tory thereof.
Section II sipulates that upon the sur
LANDS in question. the Secretary Of tho Intcri(
apart such portions AZ are clearly agricultural
after subjects such agricultural tracts 70 pre-e
sale as other public lands
In order to enable the department prop
otect 10 this section OF the law you will
Deputy Surveyors 70 describe In their field q
veys In addition TO the data required To be
printed manual OF surveying Instructions,
and IS, the agricultural lands and represent
township plats by the designation of q
lands
II is to be1undcrstood that there is nothias
on claimants TO proceed under this statute
where they fail 10 do so, there being no advcs
they hold the same relations to the premises
be working; which they did before the pass
act with the additional guarantee that they
right Of occupancy under the statute.
The foregoing presents such views "a have
this office IN considering tho prominent p
statute, and will be followed by further IN,
the rulings In actual cases and experient
mipisi ration OF the statute may from time
gest Very respectfully your obediont servar
jos. e. WILSON, Conn
To the United States Registers and Receiver
veyor's General.
a transcript embracing q lizt Of lands sel(
State cf califcrna for internal imprsyem
stockton district including 44o separate
covering In the aggregate an area OF 7t.7s
been approved vesfing the fee simple In
Certified transcripts of the approval list have
mitted by the Commissioner OF the Genelai
10 the Governor OF California and TO the
oiices M Stockton.
Tue Commissioner has Just received from
Gensrnl OF New Mexico returns OF survey