Year: 1874

fish boundaries to claims located prior to May lU, 1872, you will proceed as follows in case wherein there are adjoining claims: If the applicant or applicants for survey fer patent and adjoining claimant or claimants can agree upon the boundary between the claims, 1t will be sufficient for them to enter into a concise but complete agreement setting forth the true boundary, and sigu said agreement with their own hands or by authorized agents or attorneys; and in cases of disagreement, after due notice to them and receipt of state ments in response thereto, you decline to make survey until after you report all the facts of the case as presented to you, Co this office, and you receive further instructions In cases wherein there is no adjoining claim, and the boundaries as originally marked are not discernble and cannot be un- mistaksbly ascertained by reference to the record Of location, you will not mske the survey. In such cases the claimant can more readily, cheaply and surely secure all his rights by relocation as permitted by para graph ten of the Commissioners instructions, than by any other admissible proceeding.

 ,. In cases arising under paragraph eleven of the Commissioners instructions, you will be governed, in taking testimony, as follows If the claim of applicant for patent adjoin another claim or claims, and all the parties interested will agree in writing, as directed in the foregoing paragraph (2), ''to the iden- tity of monuments, marks or boundaries" you will accept such written agreement as sufficient testimony and execute the survey and in cases of disagreement, or where no claim adjoins the one for which survey and patent are sought, you will be governed as directed in paragraph two hereof.

 l Regarding Darapranha thirteen tO ai teen inclusive of the Commissioners instruc- tions, you are directed to strictly observe them. If the claimant can supply you with the sworn testimony of two disinterested witnesses in regard to the value of the i'm provements and by whom made, you will re- quire it and also the oath of one or more of the claimants; the oath or osths to be taken before any officer qualified to administer oaths. If, as Is sometimes the case, none but tho applicants for patent can make oath to the value of the Improvements and by whom made, you will accept as sufficient bis or their oaths; and, in any case, the affidsvits of three such persons will be accepted as sui ficient. Among the papers required of you Tn making returns of surveys to this office, is your owr certificate as commanded by para graph sixteen of the Commissioners instruc- tions. You should make this certificate complete and yet be concise, and wholly free of ambiguity.

 In cases wherein testimony is required in pursuance of notice to any persons, you will be reasonably we'll assured that your notice or notices reached the proper party or par ties, before proceeding to take testimony, or execute the survey, or report to this office The United States will not be responsible for payment of your services in this respect, and therefore you must arrange with applicants as you do for work of the survey itself

 6. All papers, letters or documents of any kind connected with . survey, must be Of suitable paper and prepared and returned 10 this office in proper shape for fling.

 7 This office will extend to deputies and claimants advice and assistance, when sought upon any point properly connected there with, but will not countenance any omission or evasion of the requirements of the law or regulations.

 8. You win please promptly acknowledge the receipt hereof. JoHs WAssoy,

 Surveyor General.