Imágenes de páginas
PDF
EPUB

already outlined. Thus the first meridional section line would be continued as a sectional guide meridian if the north part of the east boundary is defective in alinement and the north boundary is thereby made defective in position, but if the north boundary is not defective in position (nor within the danger zone) the first meridional section line should be continued on a course calculated to intersect the objective section corner on the north boundary. The same principle would be observed if the west part of the south boundary is defective in alinement and the west boundary is not defective in position (nor within the danger zone), but if the west boundary is thus made defective in position the sectional correction line should be established on the true latitudinal curve.

Under the provisions of the above paragraph it will be seen that the maximum number of normal sections are to be secured where the condition of the governing boundaries warrants a combination of the several general plans of subdivisional surveys. The sections adjoining the east boundary may be considered regular to the full extent of their conformity with the usual rectangular limits, and where such agreement obtains the quarter-section corners on the latitudinal section lines will be placed at the normal mid-point position. The sections adjoining the south boundary of the township can not be considered regular unless the meridional lines are established at 80 chains in length, and the sections are otherwise in conformity with the usual rectangular limits; certain exceptions to this rigid requirement will be noted under the subject of "fragmentary subdivision." 187. The field notes of subdivisional surveys embracing either a sectional guide meridian, a sectional correction line, or other governing section line, will be compiled in the same regular order heretofore described, but appropriate explanatory remarks will be added indicative of the method and order of procedure.

CLOSING SECTION LINES.

188. In the event of defective north or west boundaries, not subject to rectification, where the subdivisional lines can not be connected with the previously established exterior section corners, regularly by random and true lines not exceeding 21′ from cardinal and at the same time not deviating more than 21' from a line parallel to the opposite (regular) boundary of the section, the normal positions of the randoms will be made the true lines; a closing section corner will then be established at the point of intersection of the

[merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

N.bdy defective in measurement. Double set of corners.

L L

-

T

1

1

[blocks in formation]

E.bdy. defective in alinement.

section line with the original boundary, and the distance will be measured to the nearest original corner. The quarter-section corners on the closing section lines will be placed uniformly at 40 chains from the south or east as the case may be. If not already accomplished, the defective boundaries of the township will be retraced as may be necessary, and the marks upon the original corners appropriately altered as previously provided under the subject of rectification of defective exteriors, whereupon new quarter-section corners, common to the sections of the township which is being subdivided, will be established on the original defective boundaries at the mean distance between the closing section corners, or at 40 chains from one direction, depending upon the plan of the subdivision of the section to which a particular quarter-section corner belongs.

189. Corners of two sections on the governing south or east boundaries of a township will not be established as closing section corners, but at regular distances by measurement on said boundaries as already provided under the subject of rectification of defective exteriors before subdividing; thereafter the position of said corners will control the subdivisional survey.

190. Where a section is invaded by a State or reservation or grant boundary, or by a private claim of any description, such as mineral claims, forest-homestead claims, small-holding claims, etc., whose boundaries are at variance with the lines of legal subdivision, the distance on the township boundary or section line to the point of intersection with the irregular boundary will be carefully measured, likewise the exact bearing of the irregular boundary will be determined and the distance will be measured to the nearest corner on such irregular boundary. Where a private claim is located entirely within the limits of a section, a connection will be made from a regular corner on one of the boundaries of the section to a corner of the claim, and the bearing and length of the connecting line will be carefully determined. In the latter case a connecting traverse line will be recorded, if one is run, but it will also be reduced to the equivalent direct course and distance, all of which will be stated in the field notes, and the course and length of the direct connecting line will be shown upon the plat of the survey.

191. If a survey is to be concluded upon an irregular boundary at variance with the lines of legal subdivision, or if the survey is to be continued on a blank line to acquire a definite location upon the

opposite irregular boundary, but without monumenting the rec tangular survey between such irregular boundaries, a closing township or section corner, as the case may be, will be required at the point of intersection of the regular with the irregular line. On the other hand, if the survey is not to be so concluded, but is to be cons tinued for the purpose of establishing a full complement of section and quarter-section corners for the control of the subdivision of á section so invaded by a private claim, no closing corner will be required.

192. In every case where a closing township or section corner is to be established upon a standard parallel, State, reservation, grant, or claim boundary, or upon an irregular section line or exterior, the line closed upon (if the latter was not established by the surveyor who runs the closing line, or if not already retraced by him), will be retraced between the first corners to the right and left of the point for the closing corner, in order to determine the exact alinement of the line closed upon, to the end that the closing corner may be established at the precise point of intersection of the two lines. The distance from the closing corner to the nearest corner on the line closed upon will always be measured and recorded.

SUBDIVISION OF SECTIONS,

193. The acts of Congress approved February 11, 1805, and April 5, 1832, contain the fundamental provisions for the subdivision of sections into quarter sections and quarter-quarter sections; the principles recognized by law have already been stated in Chapter I. The sections are not subdivided in the field by the United States surveyors unless provision therefor is specifically mentioned in the written special instructions, but certain subdivision-of-section lines are always protracted upon the official plats, and the local surveyor who may be employed by entrymen to run said lines in the field is compelled to correlate the conditions as found upon the ground with those shown upon the approved plat. The United States surveyor is required to so establish the official monuments that a proper foundation is laid for the subdivision of the section, whereby the officially surveyed lines may be identified and the subdivision of the section controlled as contemplated by law.

194. The rectangular system provides for the unit of disposal under the general land laws, broadly, the quarter-quarter section of 40 acres, upon a plan in which the square mile, or section of 640

acres, is the unit of subdivision, while the unit of survey is the township of 36 sections. All agricultural entries are based upon descriptions in accordance with legal subdivisions shown upon the official plat. The plats are constructed in harmony with the official field notes returned by the surveyor. The land included in an entry is identified on the ground by fixed monuments established by the surveyor. A United States land patent grants to the entryman a title of ownership to a tract defined by certain fixed monuments on the ground and related by description and outline to the official plat. The function of the United States surveyor has been fulfilled when he has properly executed and monumented his survey and returned an official record thereof in the shape of complete detailed field notes and a plat. The function of the local surveyor begins when he is employed as an expert to identify the lands which have passed into private ownership; this may be a simple or a most complex problem, depending largely upon the condition of the original monuments as affected principally by the lapse of time since the execution of the official survey. The work of the local surveyor usually includes the subdivision of the section, already mentioned as the official unit of subdivision, into the fractional parts shown upon the approved plat. In this capacity the local surveyor is performing a function contemplated by law, and he can not properly serve his client or the public unless he is familiar with the legal requirements concerning the subdivision of sections. In the event that the original monuments have become lost the surveyor can not hope effectively to recover said corners without a full understanding of the record concerning their original establishment, nor can the surveyor hope legally to restore the same until he has mastered not only the principles observed in the execution of the original survey, but the principles upon which the courts having jurisdiction over such matters have based their rulings.

195. The General Land Office assumes no control or direction over the acts of local and county surveyors in the matters of subdivision of sections and reestablishment of lost corners of original surveys where the lands have passed into private ownership, nor will it issue instructions in such cases. It follows the general rule that disputes, arising from uncertain or erroneous location of corners, originally established by the United States, are to be settled by the proper local authorities or by amicable adjustment, and the office desires that the rules controlling the acts of its own surveying service be considered by all other surveyors as merely

« AnteriorContinuar »