in the field notes of original survey. The section corner started from and the corner closed upon should be connected by a right line, unless the retracement should develop the fact that the section line is either a broken or curved line, as is sometimes the case. 60. Reestablishment of interior quarter-section corners.-In some of the older surveys these corners are placed at` variable distances, in which case the field notes of the original survey must be consulted, and the quarter-section corner reestablished at proportionate distances between the corresponding section corners, in accordance therewith. The later surveys being more uniform and in stricter accordance with law, the missing quarter-section corner must be reestablished equidistant between the section corners marking the line, according to the field notes of the original survey. The remarks made under section 56, in relation to section lines, apply with full force here also; the caution there given not to neglect sight trees is equally applicable, since the proper reestablishment of the quartersection corner may in some instances very largely depend upon its observance, and avoid one of the many sources of litigation. 61. NOTE.-In some of the southern public-land States it was the custom in the early surveys to establish half-mile posts at a distance of 40 chains from the point from which the section line was initiated, at the same time inserting in the field notes at the midway point "sec. cor." without indication in the field notes that any other corner than the half-mile corner was set. And it is presumed that thesec. cor. was merely "called for" at that place. This practice has long been discontinued owing to the confusion thereby occasioned. These half-mile posts have no bearing upon the subdivision of the section except where they happen to occupy the midway point on true lines between section corners. In such cases, when a subdivision is required of a section surveyed on this plan, and no original quarter corners are found, the latter should be reestablished at a point on a true line midway between the original section corners. 62. Where double corners were originally established, one of which is standing, to reestablish the other.-It being remembered that the corners established when the exterior township lines were run, belong to the sections in the townships north and west of those lines, the surveyor must first determine beyond a doubt to which sections the existing corner belongs. This may be done by testing the courses and distances to witness trees or other objects noted in the original field notes of survey, and by remeasuring distances to known corners. Having determined to which township the existing corner belongs, the missing corner may be reestablished in line from the existing corner, at the distance stated in the field notes of the original survey, by proportionate measurement, and tested by retracement to the opposite corresponding corner of the section to which the missing section corner belongs. These double corners being generally not more than a few chains apart, the distance between them can be more accurately laid off, and it is considered preferable to first establish the missing corner as above, and check upon the corresponding interior corner as noted in section 54 above. 63. Where double corners were originally established, and both are missing, to reestablish the one established when the township line was run. The surveyor will connect the nearest known corners on the township line by a right line, being careful to distinguish the section from the closing corners, and reestablish the missing corner at the point indicated by the field notes of the original survey by proportionate measurement. The corner thus restored will be common to two sections either north or west of the township boundary, and the section north or west, as the case may be, should be carefully retraced, thus checking upon the reestablished corner, and testing the accuracy of the result. It can not be too much impressed upon the surveyor that any measurements to objects on line noted in the original survey are means of determining and testing the correctness of the operation. 64. Where double corners were originally established, and both are missing, to reestablish the one established when the township was subdivided.—The corner to be reestablished being common to two sections south or east of the township line, the section line closing on the missing section corner should be first retraced to an intersection with the township line in the manner previously indicated, and a temporary corner established at the point of intersection. The township line will of course have been previously carefully retraced in accordance with the requirements of the original field notes of survey, and marked in such a manner as to be readily identified when reaching the same with the retraced section line. The location of the temporary corner planted at the point of intersection will then be carefully tested and verified by remeasurements to objects and known corners on the township line, as noted in the original field notes of survey, and the necessary corrections made in such relocation. Should unusual error be found in one of the tested lines, the principles in "Exceptional Cases," sections 29 to 34, must be considered. A permanent corner will then be erected at the corrected location on the township line, properly marked and witnessed, and recorded for future requirements. 65. 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 3098-VOL 38-09-2 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. 66. 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. 67. 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. It is also necessary, in retracing such original lines, to ascertain the real course used by the first surveyor. For instance, where he reported meridional lines as running due north, if they are found to have an average course of N. 1° 20′ E., the latter course should be considered in restoring an extinct north line to a meander corner. 68. These requirements of preliminary retracement 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 and probable course found, 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 proportionate 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. 69. 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. 70. 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. 71. 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 com petent 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. 72. 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. Kansas: Auditor of State and Register of State Lands, Topeka. Michigan: Commissioner of State Land Office, Lansing. Minnesota: Secretary of State, St. Paul. Mississippi: Commissioner of State Lands, Jackson. Missouri: Secretary of State, Jefferson City. Nebraska: Commissioner of Public Lands and Buildings, Lincoln. North Dakota: State Engineer, Bismarck. 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. 73. This office being in receipt of many letters making inquiry in regard to the proper method of subdividing sections of the public Jands, 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, giving distances in chains and links and not in feet. 74. Preliminary to subdivision it is most essential to know the actual boundaries of the section, as it can not be legally subdivided until the section corners and quarter-section corners have either been |