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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

previ. 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 Manner of

of and marked, by running straight lines from the half 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

es up. be hereafter appropriated, for completing the surveys 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

re to the public lands of the United States, shall be ascer. 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 surveyor ge.

ed by the surveyor general, or by the surveyor of the Rerals, land south of the state of Tennessee, respectively, returns estab- shall be established as the proper corners of sections,

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. 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.*,

ablished. nessee, respectively, shall be established as the pro..

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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- Th 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 corDers ; 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 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- Rules 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 Indiana territory, and for other purposes," as pro

repealed. 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.

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Sec. 1. The powers vested by law in the surveyor ge.

e. IX. 11.

8C 28th Februaneral shall extend over all the public lands of the Unit

nito ry, 1806. ed 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 jended to the territory of appoint a sufficient number of skilful surveyors as his Louisiana. deputies, in the said territory, one of whom he shall, He shall ape 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 affirma. ties. Duties of the 10!

general ex

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

for the purpose of executing or recording surveys of vernment to 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

d'evi: 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 com tions. pensation of the deputy surveyors, chain-carriers, Expense of and axe-men, in the territory of Louisiana : Provided, surveying The and inarking

That the whole expense of surveying and marking the lines not too 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.

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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 number of skilful surveyors as his deputies, and to veyor south cause the lands above mentioned, to which the titles of Tennessee of the Indian tribes have been extinguished, to be app surveyed and divided in the manner hereafter direct- gage depu

who shall ened, 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 re. spectively, 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 he shall also, with the approbation of the said secre- tion to de tary, fix the compensation of the deputy surveyors, puties, &c. chain-carriers, and axe-men: Provided, That the

.. the surveying not whole expense of surveying ard 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 this act, and those tracts claimed under British grants,

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* 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

whose whole compensation shall not exceed one thoutwo clerks.

sand dollars per annum.

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VIII 61, Sec. 6. From and after the first day of April, in 27th March, the year one thousand eight hundred and four, the 1804.

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 grants, and the articles of agreement and cession between the confirmed, to United States and the state of Georgia, shall be surbe surveyed

veyed in the manner prescribed by the act* to which at the expense 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

withstanding

the survey

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

vor 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

to of the said surveyor to cause such of the said lands as extend over lands of the the President of the United States shall expressly di. United 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, Indian title is extinruished and under the same regulations as is provided by law, .

Tennessee to

* VII. Cong. 80 ch. 3d March, 1803.

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