149. A county surveyor has no authority | appointments of United States Deputy Surof law for removing an original corner estab- veyors should be submitted by the Surveyor lished by a Deputy Mineral Surveyor. Com'r General to the General Land Office. Robert to Adam Diller, 1 C. L. O. 42. Gorlinski, 20 L. D. 283.

2. United States Deputy Mineral Sur- government, is prohibited by section 452,

165. The United States Deputy Mineral Surveyor by whom a mineral survey is made should not appear in the case in any other capacity, not even as a notary public. Dennison & Willets, 11 C. L. O. 261; Clinton Gurnee, 13 L. D. 608.

wherein appointment is asked, who will furnish all information necessary.

3. Deputies may at the same time hold commissions in more than one State or land district. (20 L. D. 163.)

4. All appointments of deputy mineral surveyors must be submitted to the Commissioner of the General Land Office for approval.

5. The Surveyors General have authority to suspend or revoke the commissions of their deputy mineral surveyors for cause. Before final action, however, the matter should be submitted to the Commissioner of the General Land Office for approval.

166. There is no objection to the holding, by a Deputy Mineral Surveyor, of the office of notary public under the local authority; but by the rulings of this office, based on considerations of public policy, the Deputy who surveys a mining claim in the employ of the claimant is not permitted to act also as notary public in matters pertaining to the same claim. Com'r to Surveyor General of Montana, Jan. 20, 1890, 16 C. L. O. 269. 167. The report of the United Stated Dep-eral in the usual manner. Such appeal should uty Mineral Surveyor should show the value of improvements placed upon the claim by claimants or their grantors. Improvements made by other parties should not be credited to the claim. Circular, Nov. 20, 1873, 1 C. L. O. 13.

168. Instructions to Deputy Mineral Surveyors in States where the Commissioner of the General Land Office is ex officio Surveyor General. Smith Scogin, 2 C. L. O. 34.

169. A United States Mineral Surveyor has no authority to make a survey of a claim outside of the State or Territory for which he is appointed. Com'r to W. W. Seawell, Aug. 6,

1872.

170. A Deputy Mineral Surveyor who is found to be incompetent or careless in the performance of his duties should be dropped from the rolls. Com'r to Surveyor General of Montana, May 7, 1892.

3. Manual of Surveying.

["MANUAL OF INSTRUCTIONS FOR THE SURVEY OF THE

MINERAL LANDS OF THE UNITED STATES," ISSUED BY
THE GENERAL LAND OFFICE OCTOBER 25, 1895.]

GENERAL PROVISIONS.

Deputies will be allowed the right of appeal from the action of the Surveyor Gen

be filed with the Surveyor General, who will at once transmit the same, with a full report, to the General Land Office. (20 L. D. 283.)

6. Neither the Surveyor General nor the Commissioner of the General Land Office has jurisdiction to settle differences, relative to the payment of charges for field work, between deputy mineral surveyors and claimants. These are matters of private contract and must be enforced in the ordinary manner, i. e., in the local courts.

The Department has, however, authority to investigate charges affecting the official actions of deputy mineral surveyors, and will, on sufficient cause shown, suspend or revoke

absolutely the commission of the deputy.

7. The Surveyors General should appoint "as many" competent deputy mineral surveyors as apply for appointment, in order that claimants may have a choice of deputies and be enabled to have their work done on the most advantageous terms.

8. The schedule of charges for office work should be as low as is possible. No additional charges should be made for orders for amended surveys, unless the necessity therefor is clearly the fault of the claimant, or considerable additional office work results therefrom. In cases where the error in the original survey is due to the carelessness or neglect of the deputy mineral surveyor who made it, he should be required to make the necessary corrections in the field at his own expense, and the Surveyor General should advise him 2. Capable parties desiring such appoint- that the penalty for failure to comply with inments should therefore file their applications structions within a specified time will be the with the Surveyor General for the district | suspension or revocation of his commission.

1. Under section 2334, U. S. Rev. Stat. *(see Appendix B hereof), the United States Sur veyor General "may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining claims."

* Appendix B, as printed in the Manual, is not given in this book. For section 2334 see page 335.

2. You should keep a complete record of each survey made by you, and the facts coming to your knowledge at the time, as well as copies of all your field notes, reports, and official correspondence, in order that such evidence may be readily produced when called for at any future time.

3. Field notes and other reports must be written in a clear and legible hand or typewritten, in noncopying ink, and upon the proper blanks furnished you gratuitously by the Surveyor General's Office upon application therefor. No interlineations or erasures will be allowed; and no abbreviations or symbols must be used, except such as are indicated in the specimen field notes.

4. No return by you will be recognized as official, unless it is over your signature as a U. S. deputy mineral surveyor, and made in pursuance of a special order from the Surveyor General's Office. After you have received an order for survey, you are required to make the survey, and return correct field notes thereof to the Surveyor General's Office without delay.

5. The claimant is required, in all cases, to make satisfactory arrangements with you for the payment for your services and those of your assistants in making the survey, as the United States will not be held responsible for the same. You will call the attention of applicants for mineral survey orders to the requirements of paragraph 14 of the circular, Appendix A. +(Sec. 2334, U. S. Rev: Stats.; Par. 98, Mining Circular, December 10, 1891. See Appendix B hereof.)

6. You will promptly notify the Surveyor General's Office of any change in your postoffice address. (20 L. D. 163.)

NOT TO ACT AS ATTORNEY.

7. You are precluded from acting, either directly, or indirectly, as attorney in mineral claims. Your duty in any particular case ceases when you have executed the survey and returned the field notes and preliminary plat, with your report, to the Surveyor General. You will not be allowed to prepare for the mining claimant the papers in support of his application for patent, or otherwise perform the duties of an attorney before the land office in connection with a mining claim. You are not permitted to combine the duties of surveyor and notary public in the same case by administering oaths to the parties in interest, but as a notary public you may administer the oaths to your assistants in making the survey. Otherwise you must have absolutely nothing to do with the case, except in your official capacity as surveyor. You will make no survey of a mineral claim in which you hold an interest, nor will you employ chainmen interested therein in any ber 10, 1891. See Appendix B. hereof; 13 L D. manner. (Par. 101, Mining Circular, Decem608.)

THE FIELD WORK.

8. The survey made and reported must, in every case, be an actual survey on the ground in full detail, made by you in person after the receipt of the order, and without reference to any knowledge you may have previously acquired by reason of having made the location survey or otherwise, and must show the actual facts existing at the time. This precludes you from calculating the connections to corners of the public survey and location monuments, or any other lines of your survey through prior surveys made by others, unless it is satisfactorily shown in your report that you have retraced such lines and found them to be correct. (6 L. D. 718; 7 L. D. 81.)

The term survey in these instructions applies not only to the usual field work but also to the examinations required for the preparation of your affidavits of $500 expenditure, descriptive reports on placer claims, and all other reports.

SURVEY AND LOCATION.

9. The survey of a mining claim may consist of several contiguous locations, but such survey must, in conformity with statutory re

*For list of Surveyors General in mining districts, see page 172 of this book. + Page 336. + Page 336.

quirements, distinguish the several locations, and exhibit the boundaries of each. (5 L. D. 199; 6 L. D. 808.)

10. The survey must be made in strict conformity with, or be embraced within, the lines of the location upon which the order is based. If the survey and location are identical, that fact must be clearly and distinctly stated in your field notes. If not identical, a bearing and distance must be given from each established corner of the survey to the corresponding corner of the location, and the location corner must be fully described, so that it can be identified. The lines of the location, as found upon the ground, must be laid down upon the preliminary plat in such a manner as to contrast and show their relation to the lines of survey. (1 L. D. 581.)

11. In accordance with the principle that courses and distances must give way when in conflict with fixed objects and monuments, you will not, under any circumstances, change the corners of the location for the purpose of making them conform to the description in the record. If the difference from the location be slight, it may be explained in the fieldnotes.

"The act of Congress of May 10, 1872, expressly provides that 'the location must be distinctly marked upon the ground so that its boundaries can be readily traced,' and 'that all records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located, by reference to some natural object or permanent monument, as will identify the claim.'" *(Sec. 2324, U. S. Rev. Stats. See Appendix B herewith.)

"These provisions of the law must be strictly complied with in each case to entitle the claimant to a survey and patent, and, therefore, should a claimant under a location made subsequent to the passage of the act of May 10, 1872, who has not complied with said requirements in regard to marking the location upon the ground and recording the same, apply for a survey, you will decline to make it." (1 L. D. 581.)

special instructions accompanying the order for survey.

No mining claim located subsequent to May 10, 1872, should exceed the statutory limit in width on each side of the center of vein, or 1,500 feet in length, and all surveys must close within 50-100 feet in one thousand feet, and the error must not be such as to make the location exceed the statutory limit, and in absence of other proof the discovery point is held to be the center of the vein on the surface. The course and length of the vein should be marked upon the plat.

INSTRUMENT.

12. All mineral surveys must be made with a TRANSIT, provided with a solar attachment, by which the meridian can be determined independently of the magnetic needle, and all

courses must be referred to the true meridian. The variation should be noted at each corner of the survey.

THE TRUE MERIDIAN.

126. The true course of at least one line of each survey must be ascertained by astronomical observations made at the time of the survey; the data for determining the same and details as to how these data were arrived at must be given. Or, in lieu of the foregoing, the survey must be connected with some line, the true course of which has been previously established beyond question, and, in a similar manner, by yourself, and, when such lines exist, it is desirable in all cases that they should be used as a proof of the accuracy of subsequent work. (For methods for determining the true meridian, see pages 84 to 119 inclusive, General Surveying Man| ual, 1894.)

CONNECTIONS.

13. Connect corner No. 1 of each location embraced in your survey by course and distance with nearest corner of the public survey or with a United States location monument, if the claim lies within two miles of such corner or monument. If both are within the required distance, you must connect with

You will then report the facts to this office the nearest corner of the public survey. (7 and await further instructions.

Should the survey be applied for under a location made prior to May 10, 1872, or under section 2332, U. S. Rev. Stat., in making the survey thereof you will be governed by the *Page 70

L. D. 475; Par. 45, Circular December 10, 1891- Appendix B herewith.)

(a) You will make surveys and connections of mineral claims in suspended townships so long as they remain suspended, in the same + Page 137.