| Show advertisement NOTICE TO COUNTY SURVEYORS AND SETTLERS UPON PUBLIC LANDS SURVEYOR GENERALS OFFICE G S L city U T sept 8 1860 5 in obedience to instructions from the commissi MISS missioner onor Lonor of the general land office I 1 respectfully sail fall call cali the attention of all concerned in surveying and ma making king ling settle bettle ments upon lands not opened for settlement ett lement b by the government of the united states to tib the following items of information on the of april last a letter was received at this 0 domce f r ice irom from porter C rector esq surveyor for the county of carson U T 11 dated april 4 1860 enclosing haenry luo two certificates of surveys made mage by him in that country upon application of settlers in occupancy of lands in which letter ile he inq inquires aires as follows I 1 1 I 1 I would like to have you give me some information to wit is it necessary for me to send these certificates and diagrams on themy them of every survey the probate pi abate judge appointed me if that is all right well and good if you think it is not I 1 wis wiz wish ak you would send me tile the commission there are a few that say that I 1 ought to get it that way 11 the certificate marked no 1 above referred to which in form is the same as the others is in the following words to SURVEYOR GENERAL U T know all men by these presents that I 1 P C rector county surveyor for the county countr of carson U T upon application oc of J 1 F whitcomb IL C wilcox and J if todman have this ad day of april A D surveyed a certain tract or parcel of land taken up and located by them tor for farming and shingle manufacturing the same being and lying on west of eagle valley U T and more particularly ticul arly described as follows to wit commencing iniz inIx at stake marked S E on the north line of B small cos coa Ranc ranche tie tle and running north 15 sec W rods to stake thence S 75 see IV rods to stake sta ice thence S 15 bec sec E 22 40 loo rods to stake thence E roda rods to the tile place of beginning containing 40 loo acres more or less in testimony whereof I 1 have hereunto set got my hand and seal this day and year first above written signed P C RECTOR nector seal county surveyor 2 I 1 answered mr rectors letter on the day it was received from that answer dated april 2 3 1860 1 I make the following extract viz in reply to the above inquiries I 1 have to say that I 1 possess no power to grant any of the requests or comply with any of the wishes contained in your letter there has not been any surveys of public lands in carson county authorized by the government of the tile united states and no deputy sai sat surveyors can be appointed by the united 88 states slates tates surveyor gen elal elai to survey any portion of this territory without that authority in reference referee e to the commission you now claim to hold bold under an appointment of the probate judge of your county and other matters concerning the legality of the surveys you have made or may hereafter er eatter mike under that appointment I 1 will briefly give you my opinion and refer you to the laws lawa on which that opinion is based aj on the of april 1860 1 I wrote to tha the commissioner of the tile general land of office ice or enclosing him a copy of the foregoing correspondence pon dence with copies of all the papers sent me ty dy mr rector soliciting further instructions in reference to such surveys and settlements upon public lands before b being eing i surveyed under authority of the united states the ilia commissioner responded to my letter under date of july 2 1860 1 I make the following extract from his big letter which I 1 comme commend hid fid to the perusal and conAdera consideration tion of all who may feel interested therein in the first place such surveys are in direct violation of law with forfeiture of even a color of claim by reason of illegality as will be found upon reference to an act of 0 congress approved mar march c h 3 1807 1607 U S statutes vola pages de declaring clariD g that aily ally any person isho who shall shail survey or attempt to survey or cause to be surveyed sun bun e elf eif any such lands or designate any boundaries thereon by marking trees or otherwise until thereto authorized zed by law shall forfeit all his or their right title or claim if any he hath or they have to the lands aforesaid which he or they shall have taken possession of or settled and the ath section of the same act declares it illa ilia lawful ful fui for the proper marshal or officer acting in as marsh marh alunder such instructions as may max may for t that at purpose be given by the president of if I 1 the united cited states to remove from the landa lands aforesaid any and every person or persons dersons wio wha who shall be found round on the same and who shall not have obtained permission to remain there on provided ed that three months previous notice shall shail halbe haibe be givenco given alven to all such persons who were settled on such lands prior to the passing of that act and every person who who aho aby aay time after the expiration of three months after such notice otic a shall have been div given en be found on any part of the lands afore aforesaid said sald shall shail i incur a penalty of one hundred dollars to be recovered in in ari arl any court having jurisdiction of i the same and be e moreover liable on conviction to imprisonment at the discretion of the court not exceeding six months ad any territorial laws of utah oi or acts acta i in rg regard ard to surveys pursuant to such laws i are in violation of the ad clause of the ath article of the constitution which provides that congress shall have power pow er to dispose cf and make all needful rules and regulations ra respecting spec ting the territory or other property of tha the united states the constitution and lab lawa I 1 bein being extended over utah by the section of the tile act of congress approved sept gil 1850 U S statutes vol voi 9 page ac i also see ith ath section of organic act approved sept 9 1850 you you yon will cause the purport of the forego golub sg to be made known to all whom it may concern stating that it is the exclusive province of the department and the surveyor Su sun c or general Gener alof alot of utah achim acting e under tinder our direction to attend to all surveys in your district 31 in reply to my suggestions respecting tho the extension of public surveys surveys into localities where there new settlements are being made and t the tha e 0 opening e i n g of a land office for the sale of land lands a already ri ady surveyed in this I 1 territory the honorable commissioner in the same letter bayst say si I 1 we have already recommended to cone cong congress aers the organization of a land district in utah and your suggestions respecting the extension of surveys will be considered when we are arc in in possession of data from you showing the demands for permanent settlements |
