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each of the said lines, at the end of every mile ; to be sub-divided into sections, by running straight lines from the mile corners thus marked, to the opposite corresponding corners, and by marking on each of the said lines, intermediate corners as nearly as pos-
sible equi-distant from the corners of the sections on The bounda- the same. And the said surveyor general shall also ries of half
cause the boundaries of all the half sections, which sections pur: had been purchased previous to the first day of July ous to July, last, and on which the surveying fees had been paid, 1804, to be according to law, by the purchaser, to be surveyed
and marked, by running straight lines from the half Manner of doing it. mile corners, heretofore marked, to the opposite cor
responding corners; and intermediate corners shall at the same time, be marked on each of the said dividing lines, as nearly as possible equi-distant from the corners of the half section on the same line: Pro. vided, That the whole expense of surveying and marking the lines, shall not exceed three dollars for every
mile which has not yet been surveyed, and which Expense. shall be actually run, surveyed and marked by vir
tue of this section. And the expense of making the llow to be sub-divisions, directed by this section, shall be dedefrayed. frayed out of the monies appropriated, or which may
be hereafter appropriated, for completing the surveys Principles up on which the of the public lands of the United States. boundaries & Sec. 2. The boundaries and contents of the secontents of
veral sections, half sections, and quarter sections of the public lands are to
the public lands of the United States, shall be ascere be ascertain- tained in conformity with the following principles, ed.
any act or acts to the contrary notwithstanding: Ist. Corners
1. All the corners marked in the surveys, return. marked on
ed by the surveyor general, or by the surveyor of the surveyor geperal's,
land' south of the state of Tennessee, respectively, returns estab- shall be established as the proper corners of sections, Jished.
or sub-divisions of sections, which they were intend. ed to designate; and the corners of half and quarter sections, not marked on the said surveys, shall be placed as nearly as possible equi-distant from those
two corners which stand on the same line. 2d. Boundary
2. The boundary lines, actually run and marked lines marked in the surveys returned by the surveyor general, or on surveys, by the surveyor of the land south of the state of Tenreturned, &c." established.
nessee, respectively, shall be established as the pro
per boundary lines of the sections, or sub-divisions, for which they were intended, and the length of such lines, as returned by either of the surveyors afore
Those not said,' shall be held and considered as the true length marked how thereof. And the boundary lines, which shall not to be ascerhave been actually run, and marked as aforsaid, shall tained. be ascertained, by running straight lines from the established corners to the opposite corresponding corners ; but in those portions of the fractional townships, when no such opposite corresponding corners have been or can be fixed, the said boundary lines shall be ascertained, by running from the established corners, due north and south, or east and west lines, as the case may be, to the water course, Indian boundary line, or other external boundary of such fractional township. 3. Each section, or sub-division of section, the 3d. Returns of
the contents contents whereof shall have been, or by virtue of the
of sections first section of this act, shall be returned by the sur- &c. to be conveyor general, or by the surveyor of the public lands sidered as south of the state of Tennessee, respectively, shall correct. be held and considered as containing the exact quan- Rule as to tity, expressed in such return or returns: and the half & quarter half sections and quarter sections, the contents where- sections not of shall not have been thus returned, shall be held returned. and considered as containing the one half, or the one fourth part respectively, of the returned contents of the section of which they make part.
Sec. 3. So much of the act, entitled “ An act Part of the making provision for the disposal of the lands in the act of 26th
March, 1804, Indiana territory, and for other purposes," as vides the mode of ascertaining the true contents of sections or sub-divisions of sections, and prevents the issue of final certificates, unless the said contents shall have been ascertained, and a plot certified by the district surveyor, lodged with the register, is hereby repealed.
Sec. 1. The powers vested by law in the surveyor ge- 28th Februa
1x. 11. neral shall extend over all the public lands of the United States in the territory of Louisiana, to which the In- Powers of dian title has been or hereafter shall be extinguished. the surveyor It shall be the duty of the said surveyor general, to iended to the territory of appoint a sufficient number of skilful surveyors as his Louisiana.
deputies, in the said territory, one of whom he shall, point a prin- with the approbation of the secretary of the treasury, cipal and
designate as his principal deputy for the same. Which other depu. said deputies shall severally take an oath or affirmaDuties of the tion, truly and faithfully to discharge the duties of principal de. their respective offices. The said principal deputy puty. shall reside and keep an office in the said territory,
and shall, under the superintendence of the surveyor general, execute or cause to be executed by the other deputies, such surveys as may hereafter be authorised by law, or as he may be directed to execute by the commissioners appointed for the purpose of ascertaining the titles and claims to land within the territory aforesaid ; and shall generally perform therein, in conformity with the regulations and instructions of the said surveyor general, the duties imposed by law on
the said surveyor general. Plots of sur- Sec. 2. All the plots of surveys and all other papers veys apper, and documents pertaining, or which did pertain to the taining to the office of sur
office of surveyor general under the Spanish governveyor general ment within the limits of the territory aforesaid, or under the
to any other office heretofore established or authorised Spanish go for the purpose of executing or recording surveys of be delivered lands within the said limits, shall be delivered to the to the princi- principal deputy aforesaid ; and no plot of survey shall pal deputy: be admitted as evidence in any court of justice unless What copies certified by the said principal deputy to be a true copy dence.
of the record in his office. Compensa Sec. 4. The surveyor general shall fix the comtions. pensation of the deputy surveyors, chain-carriers, Expense of and axe-men, in the territory of Louisiana : Provided, surveying and inarking
That the whole expense of surveying and marking the Lines not to
lines, whether paid by the United States, or by indi. exceed S 3 viduals, shall not exceed three dollars per mile, for per mile.
every mile that shall be actually run, or surveyed and
marked. And the principal deputy aforesaid, shall Fees of the principal de. be entitled to receive from individuals the following puty.
fees, that is to say: For examining and recording the surveys executed by any of the deputies, at the rate of twenty-five cents for every mile of the boundary line of such survey, and for a certified copy of any plot of a survey in his office, twenty-five cents.
Sec. 10. A surveyor of the lands of the United VII. 80. States, south of the state of Tennessee, shall be ap- 3d March, pointed, whose duty it shall be to engage a sufficient Land surnumber of skilful surveyors as his deputies, and to veyor south cause the lands abovementioned, to which the titles of Tennessee of the Indian tribes have been extinguished, to be appointed,
ensurveyed and divided in the manner hereafter directed, and to do and perform all such other acts in rela- ties. tion to the said lands, as the surveyor general is authorised and directed to do in relation to the lands lying north-west of the river Ohio, and above the mouth of the river Kentucky,
Sec. 11. The lands for which certificates of any de- Lands to be scription whatever, shall have been granted by the com• surveyed. missioners in pursuance of the provisions of this act,* shall, as soon as may be, be surveyed under the direction of the surveyor of the lands of the United States abovementioned, in conformity to the true tenor and intent of such certificates; and the said surveyor shall also cause all the other lands of the United States in the Mississippi territory, to which the Indian title has been extinguished, to be surveyed as far as practicable, into townships, and sub-divided into half sections, in the manner provided for the surveying of the lands of the United States situate north-west of the river Ohio, and above the mouth of Kentucky river, and shall transmit to the registers of the land offices respectively, general and particular plots of all the lands Plots thereof surveyed as aforesaid, and shall also forward copies to be trans
mitted of the said plots to the secretary of the treasury; and
Compensa- • he shall also, with the approbation of the said secre- tion to detary, fix the compensation of the deputy surveyors, puties, &c. chain-carriers, and axe-men: Provided, That the Expenses of
surveying not whole expense of surveying and marking the lines to exceed shall not exceed four dollars for every mile that shall $ 4 per mile. be actually run, surveyed and marked : And provided, Private That the expense of surveying those tracts of land, claims to be to which the title of the claimants is confirmed by the surveyed at articles of agreement,t or by the two first sections of expense of
claimants. this act, and those tracts claimed under British grants,
* Viz. by reason of private claims recognised by the United States. + Tracts claimed under complete Spanish grants, to be surveyed at public expense, by act of 27th March, 1804.
a return of which is to be made to Congress, shall not be advanced by the United States, but shall be paid to the deputy surveyor by the parties claiming the same ; and that in relation to all the lands sold by the United States, the purchaser shall make the same payment for surveying expenses, which is directed by
law to be made for lands sold north of the river Ohio. Salary of the Sec. 13. The surveyor of the lands of the United surveyor, States, appointed in pursuance of this act, shall re
ceive an annual compensation of fifteen hundred dol
lars, and shall be allowed not exceeding two clerks, and of his two clerks.
whose whole compensation shall not exceed one thousand dollars per annum.
VIII 61, Sec. 6. From and after the first day of April, in 27th March, the year one thousand eight hundred and four, the Salary of the surveyor of the lands of the United States south of surveyor of the state of Tennessee, shall receive an annual com. lands south of pensation of two thousand dollars, in lieu of the anTennessee.
nual compensation now fixed by law. And the lands Lands claim. claimed by virtue of Spanish grants, legally and fully ed under Spanish
executed, and the titles to which were confirmed by
the articles of agreement and cession between the confirmed, to United States and the state of Georgia, shall be surbe surveyed at the ex
veyed in the manner prescribed by the act* to which pense of the this is a supplement, at the expense of the United U.States. States; any thing in the said act to the contrary, not
VIII. 86. Sec. 7. The powers vested by law in the survey. 2d March, or of the lands of the United States, south of the 1805.
state of Tennessee, shall extend over all the public Powers of the surveyor
lands of the United States to which the Indian title of lands south has been or shall hereafter be extinguished, within of the state of the said territory of Orleans ; and it shall be the duty Tennessee to of the said surveyor to cause such of the said lands as lands of the the President of the United States shall expressly diUnited States rect, to be surveyed, and divided as nearly as the na. to which the ture of the country will admit, in the same manner, extinguished and under the same regulations as is provided by law, ,
* VII. Cong. 80 ch. 30 March, 1803.