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In computing the fees for reducing testimony to writing, only the words actually written must be charged for and no charge should be made for the printed words. (See pars. 10, 11, and 12, sec. 2238, U. S. Rev. Stats.) The words written must be counted and the charge made in accordance with the result of such count. Registers and receivers must not have a uniform fee of a specific sum in every case of the same class of proofs.

126. Transcripts from records.-Registers and receivers are entitled to charge at the rate of 10 cents per 100 words for making transcripts of their records for individuals. (Act of Congress of Mar. 22, 1904.)

A transcript is a literal copy of the words, letters, and figures which make the record. The correctness of the transcript may or may not be certified to, but it is nevertheless a transcript.

Registers and receivers of consolidated land districts only are entitled to charge, for furnishing any other record information, such fees as are properly authorized by the tariff existing in the local courts of their district.

Record information is held to be any official statement of the facts appearing of record, a certificate, and for which they are entitled to charge the fee as above authorized.

In the absence of the State fee bill, providing for such fee, registers and receivers will be entitled to charge the fee allowed clerks of courts for furnishing certificates of their records, and in the receipt for the amounts so collected will cite the section and page of the State statute or other authority for such charge.

While it may often be desirable for any register and receiver to furnish record information, there is no authority for others than officers of consolidated land districts to collect a fee therefor.

The fees allowed to public officers are matters of strict law, depending upon the very provisions of the statute, and are not subject to discretionary action on the part of officials.

Consolidated districts are those districts into which one or more previously existing districts have been merged.

(See Cir. 315, dated Apr. 24, 1914, 43 L. D., 226.)

127. Plats and diagrams.-Under the second section of the act of March 3, 1883, authorizing a charge to be made for plats, diagrams, etc., the fees for the same are hearby fixed as follows:

For a diagram showing entries only_-_-.

$1.00

For a township plat showing entries, names of claimants, and character of entry.

2.00

For a township plat showing entries, names of claimants, character of entry, and number_____.

3.00

For a township plat showing entries, names of claimants, character of entry, number and date of filing or entry, together with topography, etc.

4.00

The plat or diagram must be of standard size (Form 4-590b), and it must be a correct and complete delineation of the particular township. There is no legal authority under said statute for registers and receivers to furnish a plat of a section or subdivision, or any other fraction of a township, and to charge or receive therefor a proportionate part of the authorized fee.

128. Lists for taxation purposes.-For lists of lands sold, which are construed to mean lists of final certificates furnished State or Territorial authorities for the purposes of taxation, 10 cents per entry. The receipts must show number of final entries and rate per entry.

129. Cancellation fees.

For giving notice to contestants of the cancellation of any nomestead, preemption, or timber-culture entry---

$1.00

This fee must be tendered to the receiver before any application of the successful contestant for the lands involved will be approved. The register only is entitled to the compensation on account of cancellation fees, which must be reported in a separate column of abstract. (Form 4-103a.)

130. In Alabama, Arkansas, Florida, Kansas, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Wisconsin, the following fees and commissions are chargeable by law to be collected by registers and receivers, and which enter into the computation of their compensation, except the homestead fee.

131. Declaratory statements.

Preemption declaratory statement..

Soldiers' and sailors' homestead declaratory statement_.

Coal land declaratory statement--

Reservoir declaratory statement (act Jan. 13, 1897).

$2.00

2.00

2.00

2.00

Declaratory statement fees are earned irrespective of the action taken upon the declaratory statement.

132. Mineral applications and adverse claims.

For filing and acting upon each application for a patent---
For filing and acting upon each adverse claim__.

$10.00

10.00

Fees in connection with mineral land applications and adverse claims are earned irrespective of the action taken on the application or adverse claim.

For coal applications see paragraph No. 113.

133. Timber and stone applications.

For filing and acting upon each application to purchase timber and stone lands_____.

$10.00

See circular No. 576.

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Fees and commissions in connection with homestead applications are not earned unless application is allowed.

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NOTE. These commissions must be tendered with the homestead proof, together with testimony fees at 15 cents per hundred words. The commissions are not earned unless the proof is approved.

136. Military bounty land warrants.

For locating a 160-acre warrant_
For locating a 120-acre warrant_

For locating a 80-acre warrant_
For locating a 60-acre warrant...
For locating a 40-acre warrant.

See paragraph 117.

$4.00

3.00

2.00

1.50

1.00

137. Porterfield warrants (act of. Apr. 11, 1860).-For locating these warrants the same fees are chargeable as are allowed for military bounty land warrants. The moneys are earned irrespective of the action taken.

138. State selections.

For each final location of 160 acres (or fraction thereof) under any grant of Congress to States (except for agricultural colleges) ‒‒‒‒ --- $2.00 No fees are chargeable on State swamp-land selections, but a fee of $2 is to be collected on each location of 160 acres or fraction thereof made with swamp-land indemnity certificates. (See par.

139.)

NOTE. This money is not earned unless the selection is approved. (See par. 120.)

139. Railroad and other selections.—

For each final location of 160 acres (or fraction thereof) by railroad or other corporations---

$2.00

See paragraph 121.

140. Agricultural college scrip.

For each piece of agricultural college scrip located__

$4.00

NOTE. This money is earned irrespective of the action taken.

141. Private land scrip, Valentine scrip.-

For each piece of scrip filed on unsurveyed lands....

$1.00

For each location of scrip_--

NOTE. The moneys are earned irrespective of the action taken.

1.00

142. Supreme Court scrip.-No fees or commissions are allowed on the location of Supreme Court scrip nor on the location of Indian scrip or other private land scrip, except as specifically provided for by law.

143. Reducing testimony to writing.-Fees for reducing testimony to writing are allowed at the rate of 15 cents per 100 words. (See par. 125.)

144. Transcripts from records.-Registers and receivers are entitled to charge at the rate of 10 cents per 100 words for making transcripts of their records for individuals. (See par. 126.)

145. Plats and diagrams.-(See par. 127.)

146. Lists for taxation purposes.-(See par. 128.) 147. Cancellation fees.-(See par. 129.)

148. Soldiers' additional homesteads.-The fees and commissions with soldiers' additional homestead applications will be computed in the same manner as are ordinary homestead fees and commissions. The original fee and commissions and final commissions will be collected together at the same time, and must be applied before certificate issues.

149. Penalty for improper fees.-No fees, commissions, or rewards are required or allowed to be paid at United States land offices for extra services of any character whatever; and registers and receivers are absolutely prohibited by law from charging or receiving,

directly or indirectly, any fee or compensation not expressly authorized by law, or for any services not imposed upon them by law, or a greater fee or compensation in any case than specifically allowed by law. Officers charging or receiving illegal fees, compensations, or gratuity are subject to summary dismissal from office, in addition to the penalties provided in title "Crimes," chapter "Official misconduct," United States Revised Statutes. Illegal fees received by clerks, employees, or agents are received by the land officers within the meaning and prohibitions of the law, and registers and receivers will be held personally and officially responsible therefor.

CHECKS.

150. Checks returned unclaimed.-Where checks issued by receivers for return of unearned moneys have been returned as unclaimed they should be retained in the possession of the receiver, to be delivered to the payee when applied for. After the expiration of five years from the date the moneys covered thereby were originally received by the receiver, such checks should be transmitted with the return of outstanding checks (hereinafter provided for), in which they are included, to this office, which will forward them to the Secretary of the Treasury, who will place the amounts thereof to the credit of the appropriation "Outstanding liabilities" and the personal credit of the payee, as provided by the act of March 2, 1907. (See 34 Stat., 1245.)

151. Outstanding checks-Return required.-Receivers of public moneys should not deposit to the credit of the Treasurer of the United States on account of "Outstanding liabilities" the amount of unearned moneys on hand for five years or more that are represented by checks issued by them for the refund of such moneys to applicants which remain outstanding, but they should make a return, in duplicate, of such checks to this office at the end of each quarter and they will be forwarded to the Secretary of the Treasury.

152. Outstanding checks-Return when receiver retires.-Whenever any receiver of public moneys shall cease to act in that capacity, he should at once inform the Secretary of the Treasury what checks, if any, drawn by him are still outstanding and unpaid. If the checks are in his possession he should transmit them to this office with a schedule. thereof, in duplicate, for reference to the Auditor for the Interior Department for file with his schedule to await claim of payees for delivery to them.

153. Outstanding checks-Amounts to be determined.-As it is necessary for the receiver in order to balance his account to know the amount of outstanding checks, he should carefully examine and com pare with his records of checks issued, the monthly statements of paid

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