7VMERICAM BOOK COMPAMY WEW YORK C1KCJRKATI CHICAGO LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Class PUBLIC LAND SURVEYS OF THE UNITED STATES BASED UPON PUBLIC STATUTES AND DOCUMENTS AND ON THE REPORT SUBMITTED TO CONGRESS IN THE YEAR 1784 BY THOMAS JEFFERSON NEW YORK : CINCINNATI : CHICAGO AMERICAN BOOK COMPANY COPTBIQHT, 1894, BY AMERICAN BOOK COMPANY w. P. 7 PKEFACE, This book is not designed to teach surveying, nor the more intricate parts of the United States System of Land Surveys. It has been thought that there was a demand in various parts of the country for such a teaching of the Government Land Surveys as would enable all children to understand the base of the system, and its divisions and subdivisions, so far as these were important and necessary in the ordi- nary vocations of life. Some states require this much to be taught in the public schools, and the importance of this knowledge is everywhere conceded. It has been deemed prudent to confine the scope of this small book to the simpler parts of the system. Enough is written to enable any ordinary pupil to grasp the fundamental ideas, to understand the method, and to know the practical results. The township and section, with their divisions, subdivisions, and methods of description, 4 PREFACE. are emphasized throughout the work. It is believed that nothing of real importance has been omitted, and that all that is written may be grasped by all pupils between the ages of twelve and fourteen years. Every boy should know how to read the descriptions in a deed and to locate the property called for by the instru- ment. Care has been taken to make all legal instruments conveying an interest in property as simple as possible, and to lead every pupil to a knowledge of their value and arrangement. The publishers desire to acknowledge their indebtedness to numerous teachers and others for suggestions and assist- ance in the preparation of this book. With a sincere hope that the book may help the youth of our country to a greater love of our institutions, and to a better knowledge of our system of land surveys, the book is respectfully submitted. A. B. C. NEW YORK, January 20, 1894. CONTENTS. PAGE CHAPTER I., .* 7 National Domain, 7 Government Surveys, 7 General Land Office, 8 Origin of the System, 8 Congressional Township, ......... ... 9 Meridians and Base Lines, 11 CHAPTER II., 13 Principal Bases and Meridians, 13 CHAPTER III., 21 How to Number and Read the Townships, 21 CHAPTER IV., 24 Standard Lines and Guide Meridians, 24 CHAPTER V., . . 28 The Section and its Divisions, 28 CHAPTER VI., 31 Area of the Section and its Subdivisions, 31 Legal Quantity of Land in a Section and its Subdivisions, . . 32 How Section Lines are Run, 33 CHAPTER VII., 38 Other Subdivisions of the Section, ... 38 6 CONTENTS. PAGE CHAPTER VIII., 41 Ownership of Lands, 41 General and District Land Offices, .42 Registers and Receivers, 42 How to Secure Title, 43 Homesteads, 43 Mineral Lands, 44 Land Warrants, 44 Agricultural College Script, 44 Preemption, 44 Timber Culture Law, 45 CHAPTER IX., 46 State Taxation 46 Assessments, 46 Correct Descriptions for Assessments, 48 Tax Receipts, 51 CHAPTER X., 52 Deeds, 52 General Warranty Deed with Relinquishment of Dower, ... 56 Acknowledgment of Deed, 57 Certificate of Record, 57 Description of a Town or City Lot, 59 Mortgages, 59 Abstract of Title, 60 Bond for a Deed, 61 Table of Area of Public Lands Surveyed, 62 JEFFERSON'S SYSTEM OF PUBLIC LAND SURVEYS. CHAPTEE L 1. The National Domain. This is the total area, land and water, within the present boundaries of the United States, and amounts to about 4,000,000 square miles ; the land surface is estimated at about 3,586,000 square miles, or 2,295,040,000 acres ; the water area being about 414,000 square miles, or 264,960,000 acres. This area includes Alaska and its islands. Eoughly speaking, the national domain, without Alaska, extends through fifty-eight degrees of longitude, from ocean to ocean, and through twenty-four degrees of latitude, from the great Northern Lakes to the Gulf of Mexico. 2. Government Surveys. This immense territorial area has been organized by Congress from time to time into States 8 PUBLIC LAND SURVEYS. and Territories, and has been surveyed. The public lands, that is, such as have not been granted by the Government to individuals or corporations, are under the control of Con- gress. Their management belongs to the Department of the Interior. This Department consists of (1) The Depart- ment of the Interior proper, (2) The General Land Office, (3) The Pension Office, (4) The Patent Office, (5) The Bureau of Education, (6) The Office of the Commissioner of Railroads, (7) The Office of the Geological Survey, (8) The Census Of- fice, (9) The Office of Indian Affairs. All surveys are made under the immediate direction of the General Land Office. 3. General Land Office. This office is under the control of the Commissioner of the General Land Office and his assistants, called clerks, recorders, copyists, transcribers of records and plats, examiners, draughtsmen, inspectors, sur- veyors-general, special agents for timber and swamp lands, custodians of abandoned military reservations, trustees, reg- isters, and receivers. Every district to be surveyed is placed under the control of a Surveyor-general, who reports to the Commissioner of the General Land Office. 4. Origin of the System. The lands of the United States are surveyed under what is called " the rectangular system ". This system was reported to Congress on May 7, 1784, by a committee, of which Thomas Jefferson was chairman. ORIGIN OF THE SYSTEM. This report required all public lands to be divided into squares or "hundreds ". Each of these was to be ten miles square and should contain one hundred square miles. This report was discussed, and on May 3, 1785, amended so that the size of the township should be six miles square instead of ten. The system therefore may rightfully be called Jefferson's System of Public Land Surveys. A Congressional township is a division of the public lands six miles square, and contains thirty-six sections or square miles, as will be seen by examining the following figure : 6 Miles 6 5 4 3 2 1 7 8 9 10 11 12 18 17 16 15 14 13 19 20 21 22 . 23 24 30 29 28 27 26 25 31 32 33 34 35 36 FIG. 1. The numbering of these sections is also shown in the fig- ure. We invariably begin at the northeast corner of the township and count from east to west and from west to east 10 PUBLIC LAND SUKVEYS alternately. All the lands of the United States which have been surveyed under the authority of the General Land Office since 1785 have been divided into townships and sections and numbered as in Figure 1, except the " United States Military Tract," " The Seven Banges," " The Ohio Company's Purchase," " Symmes's Purchase/' and " The Miami Valley Tract," all located in Ohio. These tracts are divided as in Figure 1, but numbered as in Figure 2, begin- ning at the southeast corner of the township and counting regularly from south to north. 6 Miles 36 30 24 18 12 6 35 29 23 17 11 5 34 28 22 16 10 4 33 27 21 15 9 3 32 26 20 14 8 2 31 25 19 13 7 1 FIG. 2. The system of counting as adopted at present in the pub- lic land system (that shown in Figure 1) is simple, and should be well fixed in the mind. MERIDIANS AND BASE LINES. 11 a. Every whole township has thirty-six sections. b. To number them, begin at the northeast corner section and number it 1. c. Proceed west to number 6 at the northwest corner. d. Dropping south one section, proceed east and west alternately to number 36 in the southeast corner of the township. e. In fractional townships, the sections must take the same numbers that they would bear were the township full. 5. Meridians and Base Lines, We have seen that the basis of the public land survey is the congressional township, six miles square, containing thirty-six sections or square miles. The political township must not be confounded with the congressional township. The former is created by the State Government for the convenience of its citizens ; the latter is a fixed part of the United States Land Surveys. It is necessary now to ascertain how the townships are surveyed and numbered. The following methods and plans should be learned and remembered : a. The public lands are surveyed into rectangular tracts, bounded by lines running north and south, and east and west. b. The lands are first laid off into tracts twenty-four miles square, each supposed to contain sixteen townships. 12 PUBLIC LAND SURVEYS. c. This is done by extending lines, called standard lines, from the principal meridian every twenty-four miles, and by the extension from the base and standard lines of aux- iliary meridians every twenty-four miles. d. After this, these bodies of land are surveyed into town- ships of six miles square, containing 23,040 acres each as near as may be. e. Each township is then divided into 36 sections, each containing 640 acres as near as may be. f. A range of townships is a number of contiguous town- ships situated north and south of each other. It will be seen that a beginning point is absolutely neces- sary. This point is always the intersection of the princi- pal base with the surveying meridian. Since 1785, thirty initial points have been used by the Government. It is now necessary to know the location of these principal bases and meridians. CHAPTER H. 6. The Principal Bases and Meridians. The following are the lines which have been set up by the Government to se- cure certainty and brevity of description in the transfer of land. a. The first principal meridian divides the states of Ohio and Indiana, and has for its base the Ohio River. This me- ridian governs all surveys of public lands in Ohio. The initial point for numbering townships and ranges in Ohio would begin at the intersection of this meridian with the base. b. The second principal meridian coincides with 86 28' of longitude west from Greenwich, starts from the confluence of the Little Blue River with the Ohio, runs north to the northern boundary of Indiana, and governs the surveys in Indiana and a portion of those in Illinois. c. The third principal meridian starts from the mouth of the Ohio River and extends to the northern boundary of the state of Illinois, and governs the surveys in said state east of the meridian, with the exception of those projected 14 PUBLIC LAND SURVEYS. from the second meridian, and the surveys on the west to the Illinois Eiver. This meridian coincides with 89 10' 30" of longitude west. d. The fourth principal meridian begins in the middle of the channel of the mouth of the Illinois Eiver, in latitude 38 58' 12" north and longitude 90 29' 56" west from Greenwich, and governs the surveys in Illinois west of the third principal meridian lying north of the river. It ex- tends due north through Wisconsin and northeastern Min- nesota, governing all the surveys in the former and those in the latter lying east of the Mississippi Eiver and east of the third guide meridian north of the Mississippi Eiver. e. The fifth principal meridian starts from the mouth of the Arkansas Eiver, and with a common base line running due west from the mouth of the St. Francis Eiver, in Ar- kansas, governs the surveys in Arkansas, Missouri, Iowa, Minnesota west of the Mississippi and west of the third guide meridian north of the Mississippi Eiver, and in the Dakotas east of the Missouri Eiver. The meridian is coin- cident with 90 58' longitude west from Greenwich.* * This is the usual statement, and it is based upon the " Public Do- main ", a book issued by authority of the Government. It is incorrect, however, and the true course is as follows : Starting from the mouth of the Arkansas River at about 91 4' longitude west from Greenwich, which point is found by actual THE PRINCIPAL BASES AND MERIDIANS. 15 /. The sixth principal meridian coincides with longitude 97 22' west from Greenwich, and with the principal base- line intersecting it on the 40th degree of north latitude, extends north to the intersection of the Missouri Eiver and south to the 37th degree of north latitude, controlling the surveys in Kansas, Nebraska, that part of the Dakotas lying south and wjest of the Missouri Eiver, Wyoming, and Colo- rado, excepting the valley of the Eio Grande del Norte in southwestern Colorado, where surveys are projected from the New Mexico meridian. In addition to the foregoing six principal meridians and bases there have been established the following meridians and bases : g. The Michigan meridian, in longitude 84 19 ' 09 " west from Greenwich, with a base line on a parallel seven miles north of Detroit, governing the surveys in Michigan. The Tallahassee meridian, in longitude 84 18' west from measurement from the west boundary of the state, it runs in a north- easterly direction and crosses the north boundary of the state at a point 199 miles and 42 chains east of the southwest corner of Mis- souri, or at about 91 2' west longitude, whence it continues in a northeasterly direction, crossing the 91 west longitude at about 38 10' north latitude, and terminates at the Mississippi River at about 90 58' 40". This is the way in which the fifth principal meridian is represented on Government maps, and it is not coincident with a true meridian. The same difference between the theoretic meridian and the one actually surveyed will doubtless characterize many others. 16 PUBLIC LAND SURVEYS. Greenwich, runs due north and south from the point of in- tersection with the base line at Tallahassee, and governs the surveys of Florida. The Saint Stephen's meridian, longitude 88 02 ' west from Greenwich, starts from Mobile, passes through Saint Ste- phen's, intersects the base line on the 31st degree of north latitude, and controls the surveys of the southern district in Alabama and of the Pearl River district lying east of the river and south of township 10 north in the state of Missis- sippi. The Huntsville meridian, longitude 86 31' west from Greenwich, extends from the northern boundary of Ala- bama as a base, passes through the town of Huntsville, and governs the surveys of the northern district in Ala- bama. The Choctaw meridian, longitude 89 10' 30" west from Greenwich, passes two miles west of the town of Jackson, in Mississippi, starting from the base line twenty-nine miles south of Jackson, and terminating on the south bound- ary of the Chickasaw cession, controlling the surveys east and west of the meridian, and north of the base. The Washington meridian, longitude 91 05' west of Greenwich, seven miles east of the town of Washington, in Mississippi, with the base line corresponding with the 31st THE PRINCIPAL BASES AND MERIDIANS. 17 degree of north latitude, governs the surveys in the south- western angle of the state. The Saint Helena meridian, 91 05' west from Greenwich, extends from the 31st degree of north latitude, as a base, due south, and passing one mile east of Baton Kouge, con- trols the surveys in the Greensborough and the southeastern district of Louisiana, both lying east of the Mississippi. The Louisiana meridian, 92 20' west from Greenwich, intersects the 31st degree north latitude at a distance of forty-eight miles west of the eastern bank of the Mississippi River, and with the base line coincident with the said par- allel of north latitude, governs the surveys in Louisiana west of the Mississippi. The New Mexico meridian, longitude 106 52' 09" west from Greenwich, intersects the principal base line on the Rio Grande del Norte about ten miles below the mouth of the Puerco River, on the parallel of 34 19' north latitude, and governs the surveys in New Mexico and the valley of the Rio Grande del Norte in Colorado. The Great Salt Lake meridian, longitude 111 53' 47" west from Greenwich, intersects the base line at the corner of Temple Block in Salt Lake City, Utah, on the parallel of 40 46' 04" north latitude, and governs the surveys in Utah. The Boise meridian, longitude 116 20' west from Green- p. L. s. 2 18 PUBLIC LAND SURVEYS. wich, intersects the principal base between the Snake and Boise Eivers, in latitude 43 26' north. The initial monu- ment, at the intersection of the base and meridian, is nine- teen miles distant from Boise City, on a course south 29 30' west. This meridian governs the surveys in Idaho. The San Bernardino meridian, California, longitude 116 56' west from Greenwich, intersects the base line at Mount San Bernardino, latitude 34 06' north, and governs the surveys in southern California lying east of the meridian, and that part of the surveys situated west of it which are south of the eighth standard parallel south of the Mount Diablo base line. The Mount Diablo meridian, California, coincides with longitude 121 54' west from Greenwich, intersects the base line on the summit of the mountain from which it takes its name, in latitude 37 53' north, and governs the surveys of all central and northeastern California and the entire state of Nevada. The Humboldt meridian, longitude 124 11' west from Greenwich, intersects the principal base line on the summit of Mount Pierce, in latitude 40 25' 30" north, and controls the surveys in the northwestern corner of California lying west of the coast range of mountains and north of township 5, south of the Humboldt base. THE PRINCIPAL BASES AND MERIDIANS. 19 The Willamette meridian is coincident with longitude 122 44' west from Greenwich, its intersection with the base line is on the parallel of 45 30' north latitude, and it con- trols the public surveys in Oregon and Washington. The Montana meridian extends north and south from the initial monument, established on the summit of a limestone hill eight hundred feet high, longitude 111 40' 54" west from Greenwich. The base line runs east and west from the monument on the parallel of 45 46' 27" north latitude. The surveys for Montana are governed by this meridian. The Grila and Salt River meridian intersects the base line on the south side of the Gila Eiver, opposite the mouth of Salt Eiver, in longitude 112 15' 46" west from Greenwich, and latitude 32 22' 57" north, and governs the public sur- veys in Arizona. The Indian meridian intersects the base line at Fort Ar- buckle, Indian Territory, in longitude 97 15' 56" west from Greenwich, latitude 34 31/ north, and governs the surveys in that territory. The Wind River meridian governs the subdivisional sur- veys within the Shoshone Indian Eeservation in Wyoming. The Uinta special base and meridian govern the surveys of the Uinta Indian Eeservation in Utah. The Navajo special base and meridian control the surveys 20 PUBLIC LAND SURVEYS. of the Navajo Indian Reservation in New Mexico and Arizona. The Black Hills meridian is coincident with the western boundary of South Dakota, on the 27th degree of longi- tude west from Washington, and intersects the base line in the parallel of 44 north latitude ; it governs the surveys in the southwestern corner of South Dakota. The Grand River meridian and base line govern the sub- divisional surveys for allotment to the Ute Indians, in western Colorado. The Cimarron meridian^ coincident with the eastern boundary of New Mexico, or 103 meridian of longitude west from Greenwich, intersects the base line on the paral- lel 36 30' north latitude (the north boundary of Texas), and governs the surveys in the narrow strip of Oklahoma lying between Kansas and Colorado on the north, Texas on the south, and New Mexico on the west. CHAPTEE III. 7. How to Number and Read the Townships. First ascer- tain the meridian and base lines controlling the survey in the territory sought to be located. Any township in the first tier of townships north of the base line is read " townsnip number one, north ", which, in written descriptions, is con- tracted into "T. 1 N." On the south side of the base line any township in the first tier is read "township number one, south " ; contracted to " T. 1 S." Each successive tier north or south increases by numerical order, and is read in the same way. The number of the township of any tier will always be found on the side of the principal, or some guide meridian. Any township in the first range of town- ships west of the principal meridian is read " range one west " ; this is shortened into " E. 1 "W." On the other side of the meridian it is read " range one east " ; and the con- traction is " E. 1 E." The ranges increase in numerical order east and west of the principal meridian, and are num- bered on the base line beginning at the meridian. To illustrate this, the map of one of the states, as sur- veyed by the Government, is given (p. 23). The locations of townships in any state, whether north or south of the 22 PUBLIC LAND SURVEYS. principal base, or east or west of the surveying meridian, may be learned by mastering their arrangement on this map. What surveys are governed by the fifth principal me- ridian ? * How many tiers of townships north of the base line in the state of Arkansas ? How many tiers south ? How many ranges east? How many ranges west ? Do you live north or south of the base line in your state ? Do you live east or west of the principal meridian ? Hot Springs is in township two south, nineteen ranges west of the principal meridian. This is told in this way : " Hot Springs is situated in township No. 2 south, range 19 west". This is contracted into, "Hot Springs is in T. 2 S., E. 19 W." The number of the township north or south always pre- cedes the number of the range east or west. When the number and direction of the township from the base, and the number and direction of the range east or west are * The fifth principal meridian is taken as the standard in this work, for the reason that a greater area is surveyed from this meridian and its base line than from any other in the United States. This area includes three great states and a large part of three other states in all, nearly 350,000 square miles. HOW TO NUMBER AND READ THE TOWNSHIPS. 23 FIG. 3. given, it is easy to locate the township. Batesville is in township 13 north, range 6 west. This is written, " T. 13 N., E. 6 W." CHAPTEE IV. 8. Standard Lines and Guide Meridians. Standard parallel lines, or correction lines, are run east and west from the principal meridian and become new or special base lines for townships lying north of them. These correction lines are supposed to be run and marked at every four townships, or every 24 miles north of the base, and at every five town- ships or 30 miles south of the same. In practice, however, they, in common with the auxiliary meridians, are run at very irregular distances from the base and from each other. Auxiliary or guide meridians are supposed to be run every eight ranges of townships, or every 48 miles east or west of the principal meridian. The student will see that the first rectangle, if west of the first meridian surveyed, will have for its eastern boundary the principal meridian, and for its southern boundary the base line ; the north- ern boundary will be a standard parallel and the western boundary a guide meridian. This rectangle, under the in- structions of the Land Office, is to contain 16 townships and will be twenty-four miles square. STANDARD LINES AND GUIDE MERIDIANS. 25 The guide meridians and standards are placed thus near to the first meridian and the base, in order to confine the er- rors growing out of the convergence of the meridians to a narrow limit. It is easier to distribute the error in a tract of this size, and to make the townships in the contiguous tracts north and west of it number, than it would be in a larger tract. The error consists in this : The law requires the east and west boundary line of every measured tract to be true meridians. It also requires each tract to be a square. The east and west lines being true meridians must converge, and the requirement of the law becomes impossible. Every figure having parallels for its bases, and meridians for its sides will be a trapezoid as m n o p in Figure 4 (p. 26). To make the figure a square the line m p must take the direc- tion m q, and form the figure m n o q, which is a square. Now the difference between the real figure m n o p and the required legal figure m n o q, being m p q, is error, and if confined to the area m n o p will evidently be less than if computed in the figure m n s r. And the error, whether of excess or of deficiency, is thrown upon the ex- treme tier of townships along the north and west sides of the rectangle. To insure this the ranges are run from south to north for all tracts north of the base line, and the first range is completed before the second is begun ; the PUBLIC LAND SURVEYS. second range is then run off from south to north. In this way the error is crowded into the extreme western and northern townships of the tract. (When we come to the FIG. 4. division of a township into sections and quarters, the stu- dent will see that this error is again crowded into the ex- treme tier of western or northern quarter sections.) This process of crowding the error to the sides of the tract opposite the true meridian and base line is called clos- ing the township. The standard lines so laid off become new base lines upon which townships are laid off six miles in width. Take, for example, the fifth principal meridian. Were the meridian lines from the base line to be extended to Brit- 8TANDAKD LINES AND GUIDE MERIDIANS. 27 ish America, and no new base adopted as a standard for measurement, the townships which were six miles wide on the base would diminish to a width on the British- Ameri- can line (about 1,000 miles from the base) of four miles and seventy-eight hundredths of a mile. To keep a proper width in the townships 33 standard parallels or correction lines were used by the original sur- veyors between the base line of the fifth principal merid- ian and British America. The townships on the north of every standard are six miles wide, while those on the south of the standard may be of a less width, owing to the convergence of the meridians. For this reason the town- ship lines on the north side of the standard do not always coincide with those on the south. This accounts for the offsets in the range lines on the maps, and for the offsets so often found in north and south roads which profess to run on range lines. Wherever possible the error is closed out into a river rather than into the west and north sides of the square. In such cases the standard is drawn on both sides of the river and the range lines run toward the river, so as to lose the error in the stream. In the states border- ing on the Mississippi Biver, the various tributary streams were used for this purpose by the surveyors, and this accounts in part for the few standard lines to be found in those states. CHAPTEE V. NORTH N.W. J4 N.W.fc 8.W.J4 N.W.& N.W.J4 Jfc N.B.J4 NJS.J4 -E-rM- S.E. N.W.J4 N.W.J4J N.E.& j S.W.J4J -t [ i N.W. i N-B-Ja ST^T^ 9. The Section and its Divisions. The law requires the divisions and subdivisions of all the public lands to take the form of a square. The legal division of the square is into halves, quarters, half quarters, and quarter quar- ters. (See Figure 5.) Each of these subdivisions should be carefully studied until it is understood. The designations of the divisions of the square or section, together with their abbreviations, are as follows : For halves. North half, N. . East half, E. . South half, S. J. West half, W. f For quarters. Northeast quarter, N.E. J. Southwest quarter, S.W. J. Northwest quarter, N.W. J. Southeast quarter, S.E. J. SIW.J4 S.W.J4 S.W.J4 S.E.J4 SOUTH FIG. 5. THE SECTION AND ITS DIVISIONS. 29 For quarter quarters. Northeast quarter of the northeast quarter, N.E. J N.E. J. Southeast quarter of the northeast quarter, S.E. \ N.E. \. Southwest quarter of the northeast quarter, S.W. J N.E, \. Northwest quarter of the northeast quarter, N.W. \ N.E. J. In the same manner, read and designate the divisions of the N.W. i ; the S.E. J ; the S.W. J. (See Figure 5.) Example 1. Draw a square and divide it into quarters. Subdivide each quarter into quarters. Then place the num- ber preceding each of the following abbreviations in the square described by its abbreviations, and the sum of the numbers up and down, side wise, or diagonally from the corners, will be 34. 1. S.W. i S.W. J. 9. S.E. i N.E. i. 2. N.W. i- S. E. i. 10. N.E. J N.W. *. 3. N.W. * N.E. J. 11. N.E. i S. W. J. 4. S.W. JN.W.i. 12. S.E. J S.E. i. 5. S.E. iN.W.i. 13. S.W. i S.E. J. 6. N.E. i N.E. i. 14. N.W. i S.W. i. 7. N.E. iS.E. i. 15. N.W.iN.W.i. 8. S.E. iS.W.i. 16. S.W. iN.E. i. Example %. In a section divided as before, place, in their proper squares, the numbers given on page 30. If correctly placed, the additions taken up and down, sidewise, or diag- onally from the corners, will each make 34 as before. 30 PUBLIC LAND SUEVEYS. 1. N.W. i N.W. i. 9. S.E. i N.E. . 2. S.W. J S.E. *. 10. N.E. i S.W. J. 3. S.E. iS.W. i. 11. N.W. i S.E. i. 4. N.E. N.E. i. 12. S.W. i N.W. i. 5. N.E. iS.B. J. 13. S.W. iS.W. . 6. S.E. i N.W.i. 14. N.W. i N.E. i. 7. S.W. N.E. J. 15. N.E. i N.W. i. 8. N.W. iS.W.i. 16. S.E. iS.E. i. Bead each of the above abbreviations. Example 3. Another magic square may be formed with the numbers of Ex. 2 by placing 1 in the S.W. J N.E. J. Try to fill it up as before. The divisions of the square, or section, given above are the legal subdivisions of the United States Land Surveys, and are called sections, half sections, quarter sections, half quarter sections, quarter quarter sections, and fractional sections, or lots. The Government has always sold lands by these divisions except in the early sales of Ohio, where half and quarter townships were conveyed. CHAPTEE VI. 10. Area of the Section and its Subdivisions. The law re- quired the township to contain 23,040, and the section 640 acres. These areas were based on the assumption that all the tracts would be squares. We have seen that the east and west boundary lines of the larger tracts (24 miles square) are true meridians, and that the tracts are not squares. The area of the township by subsequent enactment (May 18, 1796) was fixed at 23,040 acres as near as may be ; and the area of the section, 640 acres as near as may be. The law of May 10, 1800, provided as follows : " In all cases where the exterior lines of the townships shall exceed, or shall not extend 6 miles, the excess or deficiency shall be specially noted, and added to or deducted from the western or north- ern ranges of sections or half sections in such township, according as the error may be in running the lines from east to west, or from south to north ; the sections and half sections bounded on the northern and western lines of such townships shall be sold as containing only the quantity ex- 32 PUBLIC LAND SURVEYS. pressed in the returns and plats respectively, and all others as containing the legal quantity." 11. The Legal Quantity. 640 acres = the legal section. 320 acres = the legal half section. 160 acres = the legal quarter section. 80 acres = the legal half quarter section. 40 acres the legal quarter quarter section. How much land does a man own who has title for a half section ? For a quarter section ? For a full section ? For a quarter quarter section ? For the N. W. i ? For the S. i N. W. i ? For the E. 4 S.E. J ? The S. * and the E. 4 N. W. i ? TheN.W.Jand the S.W.J? The N. W. 4 N.W. J ? The S.E. J S.W. i ? The N.W. i and the N.W. i S.E. i ? The N.W.i, and the S. i S.W. i? What part of the section does a man own who owns a half section, a quarter section, and three quarter quarter sections ? Plat all the above examples. NOTE. The number of acres in any tract may always be fonnd by multiplying the denominators of the fractions of each subdivision to- gether, and dividing 640, the number of acres in a section, by the product. Explain this. HOW SECTION LINES ARE RUN. 33 Kemember that lands sold by the legal subdivisions con- tain the legal quantity of land. Figure 8 (p. 39) shows the subdivisions of a quarter section and their legal quantity. The designations should be care- fully studied and applied until they are well understood. 12. How Section Lines are Run. Eeferring to the law of 1800 (Sec. 10, p. 31) you will see that the error is referred to as originating in the section lines. These should be six miles long in each township, but they may be more or less. The excess or the deficiency must fall in the western or northern half sections. Hence the section lines (see Figure 6, p. 34) ab,cd, ef, gh,ik and I m and p y are run from south toward the north, so that the deficiency may fall in the northern range of half sections. That is to say, the area of this northern range of half sections may be more or less than the legal quantity. Such irregular areas are not fractional sections but are de- nominated on Government plats as " lots ", and are numbered in order, and should be so referred to and designated. Thus the northern half of section 1 should not be platted as " N. -J of Section 1 " but as " Lot 41 " containing the number of acres marked upon the Government plat. The description, " N. of Section 1 " always calls for a definite number of acres, viz., 320 ; while " Lot 41 " means that the area of the p. L. S.-3 34 PUBLIC LAND SURVEYS. n I ; f j f c J 1 > 11 i Lot 45 Lot 44 325 A. Lot 43 Lot42 324 A. Lot 41 y 5 4 3 2 1 w 2 7 8 9 11 12 5 - !_L OS 18 17 16 15 11 10 o 2 -} CO 8 40 -1 Q OA OO OQ o iy H ZU 1 1 2flS SBO n to y o 30 H 29 28 27 26 ^w^ jS s i^ g 31 32 33 34' 35 .36 ? ; i jr < > < ? c i P FIG. 6. figure must be determined by reference to the plats. That is to say, a fractional part of a section explains itself (see Sec. 11, p. 32) ; but a lot requires an actual measurement. In Figure 6, the south half of sections 1, 2, 3, 4, and 5 may HOW SECTION LINES ARE RUN. 35 be described regularly as " S. of 2 ", " S. i of 3 ", etc., and their area would be known ; or they may be lots, in which case their area would be found on the plat. But the northern half would be described as " Lot 41 ", " Lot 42 ", etc., and would require measurement to determine their area. The Government measured them at the time of the survey, and marked their area on the plats returned to the Land Office. It is only necessary, then, to know the number of the lot, the township and range, and the surveying meridian to as- certain the area of any of these lots. But they should be de- scribed as lots and not as fractional parts of sections. In the same manner, the section lines pl,no,qr,st,uv,w x, and y m are run from east to west, in order to throw the excess or deficiency in the western range of half sections. These half sections, if deficient or excessive, would be denom- inated " lots ". In Figure 6, the western half sections would oe described as "Lot 47", "Lot 48", etc. The eastern range of half sections would be described regularly. In some cases, the quarter section is designated by the Government as " Lot 1 S. W. J ", or " Lot 2 S. W. \ ", as the case may be. When thus designated, the lots numbered " 1 " will always be nearest the base and meridian lines. (See Fig. 9, p. 47.) In all such cases they should be read as lots 1 and 2 of the particular quarter, rather than by the regular subdivisions. 36 PUBLIC LAND SURVEYS. How do you ascertain the area of Lot 51 ? Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36 of Figure 6 are regular sections, and every division and subdivision thereof is regular and contains the legal quantity of land. Each of them may be divided, and is ordinarily divided into halves, quarters, and quarter quarters. Let each pupil divide these regular sections in all ways in which division is permissible, and describe each subdivi- sion. Section 25 in Figure 6 (p. 34) is subdivided into 7 tracts, as follows : The N.E. i Section 25, containing 160 acres. The N.W. i Section 25, containing 160 acres. The S. 4 S.E. i Section 25, containing 80 acres. The N.E. i S.E. i Section 25, containing 40 acres. The N.W. i S.E. J Section 25, containing 40 acres. The N. 4 S.W. i Section 25, containing 80 acres. The S. 4 S.W. i Section 25, containing 80 acres. Total area of section 640 acres. In the same manner, write out a description of the sub- divisions of Sec. 10, as shown in Figure 6. Of Section 14. Of Section 21. HOW SECTION LINES ARE KUN. 37 Scale, 125 Chains to an Inch FlG. 7. Map of township number 6 north, range number 34 east of the principal meridian, Montana, showing the sections and their subdivisions into quarter sections and lots, with the quantities of land. CHAPTEE VII. 13. Other Subdivisions of the Section. Although the Govern- ment recognizes no subdivision less than 40 acres,* or a quarter quarter section, the states and private individuals, who have become owners of the lands, find it necessary and convenient to continue this process of division beyond this point. Thus there may be tracts of 20, 10, and 5 acres, each of which will be a regular subdivision of the quarter quarter section, and will be described as the other divisions of the section. The following diagram (p. 39) illustrates the method of division, the legal descriptions, and the appropriate abbreviations. It is a little more difficult than the legal subdivisions of the section, but by a little patience and practice it may easily be mastered. Examples. The 5-acre tract in the N.E. corner of the diagram is described as follows : N. i N.E. i N.E. J N.E. J Sec. 18, 5 A. * By the original act no less than 640 acres or a section could be sold ; in 1820 a quarter section was permitted to be sold ; in 1832 settlers were permitted to take up a quarter quarter, and in 1846 a quarter quarter was authorized to be sold. OTHER SUBDIVISIONS OF THE SECTION. 39 5 A. 5 A. ** ^^ N.E. J4 N.E. 14 ^ *4 ^ 1 5 A., l? ^'^0 S. ^ N.E. 14 10 A. ^ S H 3 N.E. Y N.E. H 5 A. N.E. J4 N.E. M ^ ^! 5A. . H ^ c4 H ra 5 A. 5 A. 5 A. 5 A. m ^4 S *H p^ ^ W ' s. ^ s.w. H N.E. J4 N.E. 14 ^ ^5 5 A. H.E.M 20 A 20 A. 20 A. 20 A. FIG. 8. Diagram showing the subdivisions of a quarter section into 5-, 10-, and 20-aere tracts. In the examples given, this diagram is supposed to represent the northeast quarter of Section 18. It is read as follows : " The north half of the northeast quarter of the northeast quarter of the northeast quarter 40 PUBLIC LAND SURVEYS. of Section 18, containing 5 acres." In the same manner read all the other subdivisions of the northeast quarter of the northeast quarter of Section 18. Write the legal de- scriptions of each tract in the N.W. i of the N.E. J of Sec. 18. Write the abbreviations. Write in full the de- scriptions of the two twenties in the S.E. J of the N.E. J Sec. 18. Write the abbreviations. Divide the W. S.E. J N.E. J N.E. J Sec. 18 into two parts, and write the descrip- tions for each, the abbreviations, and calculate the cost of one of them at $1.25 per acre. Take a piece of paper and cut it nicely into parts corresponding to the divisions of the diagram. Select any 5-acre tract and tell what it is with reference to the whole section. In this way you will soon come to know the exact meaning of each phrase used in the description. Draw a section and divide it into quarters ; divide any quarter into quarters; then divide any one of these last quarters into quarters ; then divide any one of these last quarters into halves, and you will have a 5-acre tract. OF THE UNIVERSITY CF CHAPTEE VIII. 14. Ownership of Lands. All lands comprehended within the Government surveys belonged at one time to the United States. The Government divests itself of ownership in three ways : 1. By gift or grant to the several states ; 2. By gift to individuals or corporations ; 3. By sale to individuals or corporations. The United States have always been generous to the sev- eral states. Millions of acres have been given to them, to aid them in building statehouses, in establishing schools and seminaries, and for other purposes. The General Government has also given millions of acres to her soldiers, to actual settlers upon homesteads, to cor- porations, to aid in developing the country and promoting the general welfare, and in supporting education in many ways. Two hundred millions of acres have been given to assist in building railroads through the unsettled regions of the coun- 42 PUBLIC LAND SURVEYS. try. Much more than this has been given to the states in aid of their public schools, both in large general grants and by reserved sections, as the sixteenth section of the old and the sixteenth and thirty-sixth sections of the new town- ships. Besides these enormous gifts, the Government disposes of immense tracts of land by actual sale. After they have been surveyed and platted, or mapped, into townships and sec- tions, they are placed on the market and offered for sale in such quantities as are wanted by the purchaser not less, however, than one sixteenth of a section, or forty acres. 15. General and District Land Offices. The general work of surveying, mapping, and regulating the public domain is vested in the General Land Office at Washington. The work of selling these lands is delegated to District Land Offices in the states and territories, to suit the con- venience of purchasers. At these places are deposited maps of all the lands lying in the district, and the purchaser may easily make selection both as to location and price. 16. Registers and Receivers. Each of these offices has two officers : 1. A Register of the Land Office. 2. A Receiver of Public Money for Lands. They are ordinarily called the Register and Receiver, and HOW TO SECURE TITLE. 43 are appointed by the President and the Senate. They re- port their proceedings to the General Land Office. The Register receives every application for land and registers it in a book provided for that purpose. The Receiver takes the money which is paid for the land, and transmits it at stated periods to the United States Treasury. Name the. District Land Offices in your state. Give the name of the Register and of the Receiver in charge of each of them. 17. How to Secure Title. There are two classes of public lands subject to entry : 1. The minimum class at $1.25 per acre. 2. The double minimum at $2.50 per acre. The alternate sections along the lines of railroads comprise the latter. The title may be secured in three ways: 1. At public sale. 2. By private entry. 3. By homesteading. 18. Homesteads. In 1862 Congress passed an act called " The Homestead Law ". By this law every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such, is entitled to enter upon and claim one quarter section, or a less quantity, of unappropriated public lands. The only lim- it to this right is a very small fee and an oath that the land is 44 PUBLIC LAND SURVEYS, desired for actual settlement and cultivation by the claimant. To protect the Government from fraudulent claimants, no patent or deed can be issued under this act until the ap- plicant has actually settled upon and cultivated the land for five years. 19. Mineral Lands. All public lands supposed to contain gold, silver, copper, lead, or other minerals are sold under a different rule. Not more than forty acres may be purchased by a single person and at not less than five dollars per acre. 20. Land Warrants. These papers, given to soldiers and* sailors, entitle their holders to locate any minimum class lands, and are classed as private entries. Double minimum lands may be located with these warrants upon payment of the difference in cash. 21. Agricultural College Scrip To aid certain colleges, the Government issued a scrip which authorized its holder to locate certain of the public lands. This scrip may be used to purchase minimum lands, but no greater quantity than a quarter section, and not more than three sections in a town- ship. It may also be used in preemptions. 22. Preemption. This law provided that any person who was the head of a family, or a widow, or a single man over twenty-one years of age and a citizen of the United States, or any person who had filed his declaration to become such, TIMBER CULTURE LAW. 45 by settling upon and improving any offered, unoffered, or unsurveyed lands of the United States, could, obtain a pre- emption right to one hundred and sixty acres of land so occupied, at the regular Government price. This law pro- tected the actual settler upon such lands. It differed from the homestead law in that it required a purchase at regular rates and required no definite length of occupancy to per- fect the title. 23. Timber Culture Law. In 1873 Congress passed an act to encourage the growth of timber on western prairies. This law provided that any person who was the head of a family, or who had arrived at the age of twenty-one years, and was a citizen of the United States, or who had filed his declaration of intention to become such, could secure a title, at the end of ten years, to not more than a quarter section of land, by planting and keeping in healthy growing condi- tion forty acres of trees, or a corresponding less amount if less than one hundred and sixty acres were entered. Not less than forty acres could be entered. Later this law was amended so as to allow the settler to prove his claim at the end of eight years, and required the planting of but ten acres of trees on each quarter section. Only one quarter in each section could be entered for timber culture. This law was repealed in 1891, CHAPTEE IX. 24. State Taxation, The people of every state receive protection and education from the state governments. To protect the citizen in life and limb and to educate him costs a great amount of money, which in turn is taken from the citizen as an equivalent ior the benefits received by him. The state collects this money by fixed rules or laws, which bear upon all citizens alike, and calls the process, taxation. The general rule underlying all taxation is that taxes shall be just and equal. In most of the states the taxing power is vested in (1) the legislature ; (2) the county courts ; (3) the town councils ; (4) the vote of the people. The tax may be a head tax, a privilege tax, or a property tax. 25. Assessment. In order that taxes levied upon property may be equal, it is necessary to fix upon a value for all property. This ascertainment of the value of any property so that it may bear its just and equal share of the taxes is called an assessment. It is usually made by an officer, ASSESSMENTS. 47 r Township Line 79 Phineas Jones r- 80 John Brown (2) 81 81 37 ' 21 ! Eliza Smith j 20 L__j* 77 |40 (2) 1 (1) ! 80 (1) 160 Thomas M 80 Ezra Thomas I S 40 (1) 160 Sarah Smith 80 ore/iead ~" Eliza Thomas 80 77 80 M.Jack 80 160 Thomas] Jeffries (2) I (1) i 1 tl _- 39 160 .Thomas Edwards 80 John James f 40 39 40 Jerome \ Jackson <2> f (1) 4i20 140 Vacant 130 FIG. 9. Section Lines _ ~Eange and Township Lines Lines subdividing Sections and Lots Connecting ownership of Lands Number of Lots H -(1) (2) 48 PUBLIC LAND SURVEYS. called an Assessor, who is elected or appointed to that service. For determining the amount of assessment, the township is divided into sections, and the sections subdivided into quarters and lots of quarters, showing the ownership of each lot or quarter or section, as the case may be. The following explanation will enable the student to see the difference between correct and incorrect descriptions of the subdivisions of a section. 26. Correct Descriptions for Assessment of Sections 1, 2, 11, and 12, as diagrammed in Figure 9 : No. OF ACRES. SECTION 1. OWNER. 81 Lot 2 N. E. i. John Wright. 40 E. * Lot 1 N. E. J. John Wright. 40 W. i Lot 1 N. E. i. Thomas Smith. 81 Lot 2 N. W. i. Thomas Smith. 80 Lot IN. W.J. Ezra Thomas. 160 , . . S. W. i. Thomas Morehead. 80 N. | S. E. i. Sarah Smith. 80 S. | S. E. i. Eliza Thomas. SECTION 2. 80 Lot 1 N. E. i. Thomas Morehead. 80 Lot 2 N. E. . John Brown. 20 E. i E. \ Lot 1 N. W. \. Thomas Smith. 20 W. \ E. i Lot 1 N. W. i. Eliza Smith. CORRECT DESCRIPTIONS FOR ASSESSMENTS. 49 No. OF ACRES. SECTION 2. 37 .......... Balance of Lot 1 N. W. . 79 .......... Lot 2 N. W. i. 40 .......... E. | Lot 1 S. W. i> 40 .......... W. i Lot 1 S. W. i. 77 .......... Lot 2 S. W. i. 160 .......... S. E. i. SECTION 11. 160 .......... N. E. J. 80 .......... Lot 1 N. W. i. 77 .......... Lot 2 N. W. J. 40 .......... N. | Lot 1 S. W. i. 40 .......... S. | Lot 1 S. W. i. 39 .......... N. i Lot 2 S. W. J. 39 .......... S. i Lot 2 S. W. i. 20 .......... W. N. W. i S. E. i> SECTION 12. 80 .......... N. i N. E. i. 80 .......... S. | N. E. i. 160 .......... N. W. i. 30 .......... All N. of Goose Creek, S. W. 130 ......... . All S. of Goose Creek, S. W. 120 .......... All N. of Goose Creek, S. E. 40 .......... All S. of Goose Creek, S. E. OWNER. Eliza Smith. Phineas Jones. Thomas Smith. Amy Love. John Carr. Thomas Morehead. Thomas Morehead. Thomas Jeffries. Thomas Jeffries. John James. Jerome Jackson. John James. Jerome Jackson. John James. M. Jack. Thomas Edwards. Thomas Morehead. Thomas Edwards. John Swift. Thomas Edwards. John Swift. P. L. S.-4 50 PUBLIC LAND SURVEYS. ERRONEOUS DESCRIPTIONS. No. OF ACRES. SECTION 1. OWNER. 121 N. | N. E. J S. E. i N. E. *. John Wright. 121 S. W. i N. E. i N. i. N. W. J. Thomas Smith. 80 North part of S. E. J. . Sarah Smith. 80 South part of same. Eliza Thomas. 160 S. W. J. Thomas Morehead. SECTION 2. 80 N. i N. E. J. John Brown. 80 S. | S. E. . Thomas Morehead. 160 S. E. i. Thomas Moreliead. 79 N. i N. W. J. Phineas Jones. 20 E. part S. E. J N. W. J. Eliza Smith. 20 W. part S. E. J N. W. i. Eliza Smith. 37 S. W. i N. W. J. Eliza Smith. SECTION 13. 80 Part of N. E. J. M. Jack. 80 Part of N. E. J. Thomas Edwards. 120 Part of S. E. J. Thomas Edwards. 40. Part of S. E. J. John Swift. A city or town is divided into blocks and lots, the assess- ment beginning with Block 1 of the original town and with Lot 1, proceeding consecutively with the lots in each block and in consecutive order with the blocks. Each addition TAX RECEIPTS. 51 to the original town is assessed separately by lots and blocks. 27. Tax Receipts. Taxes are paid on the assessments fixed by the Assessor, and when paid are evidenced by a receipt. This receipt contains the correct description of each piece of land, or of each lot, and its assessed value, together with the amount of taxes paid on it for the several purposes for which taxes are assessed. The description should be correct, so that the taxpayer may know that he has discharged his duty to the state, and that the public may have an easy method of ascertaining whether all prop- erty is bearing its just and equal share of the burdens of government. CHAPTER X. 28. Deeds, A deed is a written contract conveying land. It has several necessary parts, as, (1) tlie parties, (2) the consideration, (3) the description, (4) the covenants, (5^ the signatures, (6) the acknowledgment. The parties are the grantor and the grantee. The first is the seller, and the second the buyer. The consideration is the price paid, and is generally money. The description is such a designation of the land by metes and bounds, or by town- ships, ranges, and subdivisions of the section, as will identify it. In such states as were not surveyed into townships, ranges, and sections, the description is by calls made from natural or stationed objects or corners along a named line by courses and distances. This is called a description by metes and bounds. Here is a description taken from an old Jersey deed, which will illustrate the method of describing lands in all the old Colonial States, and in parts of Kentucky and Tennessee : Description of 204 acres sold by Bennett Bard to Peter Bard, August 4, 1763. " Beginning at a pine lettered B. B. and M. , on the side of that DEEDS. 53 branch where his saw-mill formerly stood, and is a corner to land surveyed to John Monroe, Esq , and runs by the same S. 3 degrees E. 47.50 chains to a small pine by the north side of his mill pond" (this is called the first course) ; " thence crossing the same S. 68 degrees E. 25 chains to a pine on the north side of the southerly branch of his mill pond " (second course) ; " then crossing the said branch S. 27 degrees E. 19 chains to a pine corner to 50 acres of pine land and cedar swamp that the said John Monroe pur- chased of Bennett Bard" (third course) ; "then N. 65 degrees W. 35 chains to a post by a pine marked corner to land surveyed to John Monroe" (fourth course) ; " thence N. 65 degrees W. 35 chains to a post by a pine" (fifth course) ; "thence N. 20 degrees W. 19 chains to a corner" (sixth course) ; "thence N. 60 degrees W. 30 chains to the said mill branch" (seventh course); c< thence it is bounded up the said mill branch and its several courses to the corner pine first mentioned " (eighth course). The principal things to note in every such description are (1) the corners, (2) the courses, (3) the distances between the corners. The corners may be trees, stones, or any other object permanent and easy to be found. The courses are indi- cated by degrees and their parts, and are ascertained by the surveyor. The distances are ascertained by actual meas- urement, and are usually designated in rods and feet. They are sometimes marked in chains and links. Such descriptions usually close with a clause like the foregoing one from Bennett Bard : " Containing 204 acres, more or less." This is unnecessary, however, as the given 54 PUBLIC LAND SURVEYS. description carries with it all the enclosed area, whether it be 204 acres or 20,400 acres. The following is a description of lands within the territory surveyed by the United States, and will serve as a guide for all other descriptions of the same kind : 11 John Jones sells to Marcus Wright the following described real estate, situated in the County of Clark and State of Illinois, to wit : " S.W. i Sec. 5, 160 acres, and S.W. J of W. i Lot 1, N. W. Sec. 5, 10 acres lying in T. 10 N. R. 12 W., 2 P. M., containing in all 170 acres, more or less, according to the United States survey thereof." This description calls for the township and range as of first importance ; it then calls for the section and one or more of its legal subdivisions. The quantity of land is not subject to so many variations as is land surveyed by courses and distances, and the new surveys are far more accurate than the older ones. The Government surveys are more nearly correct than private ones, though all of them are sub- ject to inaccuracies of many kinds. The last description names the second principal meridian, and where two merid- ians govern the lands of the state this method of description should be observed. Land grants, military tracts, and irregular shaped pieces should be deeded by metes and bounds. The covenants of a deed are the words which bind the DEEDS. 55 grantor to defend the title of the land. This means that, if the land is claimed by any other person than the grantee, the grantor (seller) will protect the grantee (buyer) against said claim. The deed is signed by the grantor in the presence of wit- nesses. If the grantor has a wife, she also must sign, if her dower right is to be conveyed. The absence of her sig- nature would indicate a dower right not conveyed. In addition to all this particularity, the deed is not per- fect unless it is acknoivledged before an officer of the state authorized by law to take acknowledgments. If the wife signs, the officer must take her acknowledgment separate and apart from her husband. To make a deed effective against other persons who may buy it from the grantor after his first sale, the grantee must take it to an officer of the state regularly authorized to receive it and deposit it for record. This officer receives it, endorses the time of its reception on the back, and re- cords it in a book provided by law for that purpose. This record is always open to inspection, and is a notice to third parties not to buy lands from a grantor who has already disposed of his title. Questions. Can you name the officers in your state who are authorized to take an acknowledgment to a deed ? Can OD PUBLIC LAND SURVEYS. you name the officer whose duty it is to receive and record deeds ? What is his office called ? What do they call the books in which deeds are recorded ? How are the record books for deeds distinguished from each other ? 29. General Warranty Deed, with Relinquishment of Dower. The following is a copy of a deed, with the acknowledg- ments and the entry of filing and recording : Know all men by these presents that we, John Young Brown and Mary Russell Brown, his wife, for and in consideration of one thousand dollars, to us in hand paid, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, and convey unto Thomas Wolcott, his heirs and as- signs forever, the following lands lying in the County of Prairie, State of Arkansas, to wit : The N.E. Sec. 16, T. 1 N.R. 4 W., containing 160 acres, more or less. To have and to hold the same unto the said Thomas Wolcott, his heirs and assigns forever, with all appurtenances thereunto belonging. And we, the said John Young Brown and Mary Russell Brown, do hereby covenant with the said Thomas Wolcott that we will forever warrant and defend the title to said lands against all lawful claims whatever. And I, Mary Russell Brown, wife of the said John Young Brown, for and in consideration of the said sum of money, do hereby relinquish unto the said Thomas Wolcott all my rights of dower in and to the said lands. Witness our hands and seals on this 27th day of May, 1891. JOHN YOUNG BROWN, : SEAL. MARY RUSSELL BROWN, : SEAL. ACKNOWLEDGMENT OF DEED. 57 30. Acknowledgment. STATE OF ARKANSAS, COUNTY OF PRAIRIE, Be it remembered that on this day came before me the undersigned, a Notary Public within and for the county aforesaid, duly commissioned and acting, John Young Brown and Mary Russell Brown, his wife, to me well known as the grantors in the foregoing deed, and stated that they had executed the same for the consideration and purposes therein mentioned and set forth. And on the same day also voluntarily appeared before me the said Mary Russell Brown, wife of the said John Young Brown, to me well known, and, in the absence of her said husband, declared that she had, of her own free will, signed and sealed the relinquishment of dower in the foregoing deed, for the purposes therein contained and set forth, without compulsion or other undue influence of her husband. Witness my hand and seal as such Notary Public on the 27th day of May, 1891. JOHN THOMAS, NOTARIAL : SEAL. Notary Public, : Prairie County. 31. Certificate of Record. STATE OF ARKANSAS, COUNTY OF PRAIRIE. I, John Trinity, Circuit Clerk and ex-officio Recorder of the county aforesaid, do hereby certify that the annexed and foregoing instrument of writing was filed for record in my office, on the 27th day of May, 1891, at 4 58 PUBLIC LAND SURVEYS. o'clock, P.M., and that the same is now duly recorded, with the acknowl- edgments and certificates thereon, in Record Book M, page 528. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 28th day of May, 1891. JOHN TRINITY, Circuit Clerk and ex-officio Recorder. By ELEAZAR DUNBAR, Deputy. Questions. Who was the grantor in the above deed? The grantee? Why did Mary Russell Brown sign the deed? What part of the property was hers? What is dower? Was she required to sign? Why was she ex- amined separate and apart from John Young Brown, her husband? What was the consideration? Why was its receipt acknowledged? What is the difference between heirs and assigns ? What was the description of the land ? What was the covenant? Why is this deed called a general warranty deed? (The covenant is general. It is against all lawful claims whatever. Had it been against all claims originating in the grantor the designation would have been, "special warranty deed.") What did Mary Russell Brown do ? Plat this land. Before whom was the acknowledgment taken? What did John Young Brown DESCRIPTION OF A TOWN OR CITY LOT. 59 acknowledge? What did his wife acknowledge? Who appoints a notary public ? What are his duties ? May a woman be a notary? What attests the signature of the notary? Write another acknowledgment. Where was this deed recorded? When was it filed? Why was it filed? When was it recorded? Why was it recorded? What is a deed index ? What is a cross index ? Who signed the certificate of record ? Why did Eleazer Dunbar sign ? Did John Trinity sign the paper in fact ? What rights has a deputy? What do the letters "ss." in the acknowledg- ment mean? Write a deed. Take a blank deed and fill it up. When could you use a deed without relinquishment of dower? 32. Description of a Town or City Lot, The following described lots in the City of Johnstown, State of Pennsyl- vania, being Lots 1, 2, and 3 in the original plat of said city, and Lot 3 and the N. i of Lot 2 in Bridgman's addition to said city, to have and to hold the same, etc., etc. 33. Mortgages. Property is also conveyed upon condi- tion as security for debt or the performance of duty, to become void upon the payment of the debt or the perform- ance of the duty. The form of a mortgage is the same as that of a deed except that the mortgage contains an addi- tional element which is called the condition. This condi- 60 PUBLIC LAND SURVEYS. tion, if the instrument is given to secure the payment of debt, recites the amount of the indebtedness of the maker of the instrument, the method of payment, and the interest to be paid, together with a statement that if said indebted- ness shall be paid in full at the times indicated then the entire instrument is to become void and of no effect. But if not so paid then the instrument is to remain in full force. Questions. What is a chattel mortgage ? What is a real estate mortgage ? Who takes the acknowledgment of mort- gages? Is it necessary for the wife to sign a real estate mortgage ? Where are mortgages recorded ? Are all mort- gages recorded ? 34. Abstract of Title. You have seen that, unless the wife signs the deed, her dower is not conveyed ; that every deed must recite a consideration ; that it must be acknowl- edged before a proper officer, and so on. Now, if you desire to purchase a piece of property and to acquire a perfect title to it, it will be necessary for you to investigate the records for a given number of years, to ascertain whether all these requirements have been legally attended to, not only by the last grantor, but by all preceding grantors within the given time. This investigation of the chain of title is evidenced by a series of notes, showing all the transactions which have in any way affected the land. These notes are called BOND FOR A DEED. 61 an Abstract of Title. The investigation should embrace all records of deeds, orders or decrees of courts, wills, titles by descent, and encumbrances. The latter include mortgages, judgments, dowers, liens, taxes, leases, and rents. 35. Bond for a Deed. This is. a method for securing the payment to the grantor of the deferred payments of purchase money without making (1) a deed to the grantee; (2) a mortgage back to the grantor. By this method the grantor binds himself, in a sum of money payable to the grantee upon breach of the bond, to convey by general warranty deed, upon the payment of all deferred payments by the grantee, as stipulated, a certain described piece of land. This bond is acknowledged as is a deed, except that the wife of the grantor does not sign. On the following page will be found a tabular statement showing the number of acres of public lands surveyed in the states and territories named up to June 30, 1880 ; also, the total area of the public domain remaining unsur- veyed within the same at that time. - ^OOOCOOOOOI^CSCOIOGO 5 O -^05 OOCOlNOO^t-COCO. "$?SaS8^3bP$SS8 ggg I T ssiSt^SwSPP^s Tf"lO O5 T-Tr-Ts^ of OS to to O? O cT " - - - i P tr } & n > !rl TH e CO T-T W" r-t (NO It ef ooiioeo 5 (ft IfSiOCOCO'rr O CO O GO t-^TT lO r-t Oi rH " ' iO ^ TjirH<M i-t C "' *^'" .2 3 g, " "'"' " " " * " ~ " " f- a Jl ^K'flii ^g. CIS, 086 !** 0051743172 k -M. *-^f r^ 7&?:t