permanent corner will then be erected at the corrected location on the township line, properly marked and witnessed, and recorded for future requirements.

12. Where triple corners were originally established on range lines, one or two of which have become obliterated, to reestablish either of them.-It will be borne in mind that only two corners were established as actual corners of sections, those established on the range line not corresponding with the subdivisional survey east or west of said range line. The surveyor will, therefore, first proceed to identify the existing corner or corners, as the case may be, and then reestablish the missing corner or corners in line north or south, according to the distances stated in the original field notes of survey in the manner indicated for the reestablishment of double corners, testing the accuracy of the result obtained, as hereinbefore directed in other cases. If, however, the distances between the triple corners are not stated in the original field notes of survey, as is frequently the case in the returns of older surveys, the range line should be first carefully retraced and marked in a manner sufficiently clear to admit of easy identification upon reaching same during the subsequent proceedings. The section lines closing upon the missing corners must then be retraced in accordance with the original field notes of survey, in the manner previously indicated and directed, and the corners reestablished in the manner directed in the case of double corners. The surveyor can not be too careful, in the matter of retracement, in following closely all the recorded indications of the original line, and nothing, however slight, should be neglected to insure the correctness of the retracement of the original line; since there is no other check upon the accuracy of the reestablishment of the missing corners, unless the entire corresponding section lines are remeasured by proportional measurement and the result checked by a recalculation of the areas as originally returned, which, at best, is but a very poor check, because the areas expressed upon the margin of many plats of the older surveys are erroneously stated on the face of the plats or have been carelessly calculated.

13. Where triple corners were originally established on range lines, all of which are missing, to reestablish same. These corners should be reestablished in accordance with the foregoing directions, commencing with the corner originally established when the range line was run, establishing the same in accordance with previously given directions for restoring section and quarter-section corners; that is to say, by remeasuring between the nearest known corners on said township line, and reestablishing the same by proportionate measurement. The two remaining will then be reestablished in conformity with the general rules for reestablishment of double corners.

14. Reestablishment of meander corners.-Before proceeding with the reestablishment of missing meander corners the surveyor should have carefully rechained at least three of the section lines between known corners of the township within which the lost corner is to be relocated, in order to establish the proportionate measurement to be used. This requirement of preliminary remeasurement of section lines must in no case be omitted; since it gives the only data upon which the fractional section line can be remeasured proportionately, the corner marking the terminus, or the meander corner, being missing, which it is intended to reestablish. The missing meander corner will be reestablished on the section or township line retraced in its original location by the propor

tionate measurement found by the preceding operations, from the nearest known corner on such township or section line, in accordance with the requirements of the original field notes of survey.

Meander corners hold the peculiar position of denoting a point on line between landowners, without usually being the legal terminus or corner of the lands owned. Leading judicial decisions have affirmed that meander lines are not strictly boundaries and do not limit the ownership to the exact areas placed on the tracts, but that said title extends to the water, which, by the plat, appears to bound the land.

As such water boundaries are, therefore, subject to change by the encroachment or recession of the stream or lake, the precise location of old meanders is seldom important, unless in States whose laws prescribe that dried lake beds are the property of the State.

Where the United States has disposed of the fractional lots adjacent to shores, it claims no marginal lands left by recession or found by reason of erroneous survey. The lines between landowners are therefore regarded as extended beyond the original meander line of the shore, but the preservation or relocation of the meander corner is important, as evidence of the position of the section line.

The different rules by which division lines should be run between private owners of riparian accretions are a matter of State legislation and not subject to a general rule of this Office.

15. Fractional section lines.-County and local surveyors being sometimes called upon to restore fractional section lines closing upon Indian, military, or other reservations, private grants, etc., such lines should be restored upon the same principles as directed in the foregoing pages and checked whenever possible upon such corners or monuments as have been placed to mark such boundary lines.

In some instances corners have been moved from their original position, either by accident or design, and county surveyors are called upon to restore such corners to their original positions, but owing to the absence of any and all means of identification of such location are unable to make the result of their work acceptable to the owners of the lands affected by such corner. In such cases the advice of this Office has invariably been to the effect that the relocation of such corner must be made in accordance with the orders of a court of competent jurisdiction, the United States having no longer any authority to order any changes where the lands affected by such corner have been disposed of.

RECORDS.

The original evidences of the public-land surveys in the following States have been transferred, under the provisions of sections 2218, 2219, and 2220, United States Revised Statutes, to the State authorities, to whom application should be made for such copies of the original plats and field notes as may be desired, viz:

Alabama: Secretary of state, Montgomery.

Arkansas: Commissioner of state lands, Little Rock.

Illinois: Auditor of state, Springfield.

Indiana: Auditor of state, Indianapolis.

Iowa: Secretary of state, Des Moines.

Kansas: Auditor of state and register of State lands, Topeka.

Michigan: Commissioner of State land office, Lansing.

Mississippi: Commissioner of State lands, Jackson.

Missouri: Secretary of state, Jefferson City.

Nebraska Commissioner of public lands and buildings, Lincoln. Ohio: Auditor of state, Columbus.

Wisconsin: Commissioners of public lands, Madison.

In other public-land States the original field notes and plats are retained in the offices of the United States surveyors general.

SUBDIVISION OF SECTIONS.

This Office being in receipt of many letters making inquiry in regard to the proper method of subdividing sections of the public lands, the following general rules have been prepared as a reply to such inquiries. The rules for subdivision are based upon the laws governing the survey of the public lands. When cases arise which are not covered by these rules, and the advice of this Office in the matter is desired, the letter of inquiry should, in every instance, contain a description of the particular tract or corner, with reference to township, range, and section of the public surveys, to enable the Office to consult the record; also a diagram showing conditions found:

1. Subdivision of sections into quarter sections.-Under the provisions of the act of Congress approved February 11, 1805, the course to be pursued in the subdivision of sections into quarter sections is to run straight lines from the established quarter-section corners, United States surveys, to the opposite corresponding corners. The point of intersection of the lines thus run will be the corner common to the several quarter sections, or, in other words, the legal center of the section. (a) Upon the lines closing on the north and west boundaries of a township, the quarter-section corners are established by the United States deputy surveyors at 40 chains to the north or west of the last interior section corners, and the excess or deficiency in the measurement is thrown into the half mile next to the township or range line, as the case may be.

(b) Where there are double sets of section corners on township and range lines, the quarter corners for the sections south of the township lines and east of the range lines are not established in the field by the United States deputy surveyors, but in subdividing such sections said quarter corners should be so placed as to suit the calculations of the areas of the quarter sections adjoining the township boundaries as expressed upon the official plat, adopting proportionate measurements where the new measurements of the north or west boundaries of the section differ from the original measurements.

2. Subdivision of fractional sections. Where opposite corresponding corners have not been or can not be fixed, the subdivision lines should be ascertained by running from the established corners due north, south, east, or west lines, as the case may be, to the water course, Indian boundary line, or other boundary of such fractional section.

(a) The law presumes the section lines surveyed and marked in the field by the United States deputy surveyors to be due north and south or east and west lines, but in actual experience this is not always the case. Hence, in order to carry out the spirit of the law, it will be necessary in running the subdivisional lines through fractional sections to adopt mean courses where the section lines are not due lines, or to run the subdivision line parallel to the east, south, west, or north boundary of the section, as conditions may require, where there is no opposite section line.

3. Subdivision of quarter sections into quarter quarters.-Preliminary to the subdivision of quarter sections, the quarter-quarter corners will be established at points midway between the section and quartersection corners, and between quarter corners and the center of the section, except on the last half mile of the lines closing on the north. or west boundaries of a township, where they should be placed at 20 chains, proportionate measurement, to the north or west of the quartersection corner.

(a) The quarter-quarter section corners having been established as directed above, the subdivision lines of the quarter section will be run straight between opposite corresponding quarter-quarter section corners on the quarter-section boundaries. The intersection of the lines thus run will determine the place for the corner common to the four quarter-quarter sections.

4. Subdivision of fractional quarter sections.-The subdivision lines of fractional quarter sections will be run from properly established quarter-quarter section corners (paragraph 3) due north, south, east, or west, to the lake, water course, or reservation which renders such tracts fractional, or parallel to the east, south, west, or north boundary of the quarter section, as conditions may require. (See paragraph 2(a).)

5. Proportionate measurement.-By "proportionate measurement," as used in this circular, is meant a measurement having the same ratio to that recorded in the original field notes as the length of chain used in the new measurement has to the length of chain used in the original survey, assuming that the original and new measurements have been correctly made.

For example: The length of the line from the quarter-section corner on the west side of sec. 2, T. 24 N., R. 14 E., Wisconsin, to the north line of the township by the United States deputy surveyor's chain, was reported as 45.40 chains, and by the county surveyor's measure is reported as 42.90 chains; then the distance which the quarterquarter section corner should be located north of the quarter-section corner would be determined as follows:

As 45.40 chains, the Government measure of the whole distance, is to 42.90 chains, the county surveyor's measure of the same distance, so is 20.00 chains, original measurement, to 18.90 chains by the county surveyor's measure, showing that by proportionate measurement in this case the quarter-quarter section corner should be set at 18.90 chains north of the quarter-section corner, instead of 20.00 chains north of such corner, as represented on the official plat. In this manner the discrepancies between original and new measurements are equitably distributed.

BINGER HERMANN, Commissioner.

DEPARTMENT OF THE INTERIOR, March 14, 1901.

RULES OF PRACTICE BEFORE LAND OFFICES AND THE
DEPARTMENT OF THE INTERIOR.

[Revised edition, July 15, 1901.]

I. PROCEEDINGS BEFORE REGISTERS AND RECEIVERS.

1. INITIATION OF CONTESTS.

RULE 1. Contests may be initiated by an adverse party or other person against a party to any entry, filing, or other claim under laws of Congress relating to the public lands, for any sufficient cause affecting the legality or validity of the claim.

RULE 2. In every case of application for a hearing an affidavit must be filed by the contestant with the register and receiver, fully setting forth the facts which constitute the grounds of contest. When the contest is against the heirs of a deceased entryman, the affidavit shall state the names of all the heirs. If the heirs are nonresident or unknown, the affidavit shall set forth the fact and be corroborated with respect thereto by the affidavit of one or more persons.

RULE 3. Where an entry has been allowed and remains of record the affidavit of the contestant must be accompanied by the affidavits of one or more witnesses in support of the allegations made.

2. HEARINGS IN CONTESTED CASES.

RULE 4. Registers and receivers may order hearings in all cases wherein entry has not been perfected and no certificate has been issued as a basis for patent.

RULE 5. In case of an entry or location on which final certificate has been issued the hearing will be ordered only by direction of the Commissioner of the General Land Office.

RULE 6. Applications for hearings under Rule 5 must be transmitted by the register and receiver, with special report and recommendation, to the Commissioner for his determination and instructions.

3. NOTICE OF CONTEST.

RULE 7. At least thirty days' notice shall be given of all hearings before the register and receiver, unless by written consent an earlier day shall be agreed upon.

RULE 8. The notice of contest and hearing must conform to the following requirements:

1. It must be written or printed.

2. It must be signed by the register and receiver, or by one of them. 3. It must state the time and place of hearing.