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PUBLIC LANDS IN IRRIGATION DISTRICTS

Sec. 5. (Unentered lands not to be sold for taxes—Lien to be continuing--Payment to be made by entryman.]—That no public lands which were unentered at the time any tax or assessment was levied against same by such irrigation district shall be sold for such taxes or assessments, but such tax or assessment shall be and continue a lien upon such lands, and not more than one hundred and sixty acres of such land shall be entered by any one person; and when such lands shall be applied for, after said approval by the Secretary of the Interior, under the homestead or desert-land laws of the United States the application shall be suspended for a period of thirty days to enable the applicant to present a certificate from the proper district or county officer showing that no unpaid district charges are due and delinquent against said land. (39 Stat. 508.)

Textual note.-Codified as section 627, title 43, United States Code, the introductory word “That" being omitted.

Sec. 6. [Public lands sold under tax lien patented to purchaser-Payment to United States of minimum price of $1.25 per acre-Qualifications and limitations—Purchaser to make complete payment within 90 days or land may be purchased by another-Conditions—Disposal of vacant entered land.] – That any entered but unpatented lands not subject to the reclamation act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page three hundred and eighty-eight), sold in the manner and for the purposes mentioned in this act may be patented to the purchaser thereof or his assignee at any time after the expiration of the period of redemption allowed by law under which it may have been sold (no redemption having been made) upon the payment to the receiver of the local land office of the minimum price of $1.25 per acre, or such other price as may be fixed by law for such lands, together with the usual fees and commissions charged in entries of like lands under the homestead laws, and upon a satisfactory showing that the irrigation works have been constructed and that water of the district is available for such land; but the purchaser or his assignee shall, at the time of application for patent, have the qualification of a homestead entryman or desert-land entryman, and not more than one hundred and sixty acres of said land shall be patented to any one purchaser under the provisions of this act.

These limitations shall not apply to sales to irrigation districts, but shall apply to purchasers from such irrigation districts of such land bid in by said district.

That unless the purchaser or his assignee of such lands shall, within ninety days after the time for redemption has expired, pay to the proper receiver all fees and commissions and the purchase price to which the United States shall be entitled as provided for in this act, any person having the qualification of a homestead entryman or a desert-land entryman may pay to the proper receiver, for not more than one hundred and sixty acres of said lands, for which payment has not been made, the unpaid purchase price, fees, and commissions to which the United States may be entitled; and upon satisfactory proof that he has paid to the purchaser at the tax sale, or his assignee, or to the proper officer of the district for such purchaser or for the district, as the case may be, the sum for which the land was sold at

PUBLIC LANDS IN IRRIGATION DISTRICTS

203

sale for irrigation district charges or bid in by the district at such sale, and in addition thereto the interest and penalties on the amount bid at the rate allowed by law, shall be subrogated to the rights of such purchaser to receive patent for said land.

In any case where any tract of entered land lying within such approved irrigation district shall become vacant by relinquishment or cancellation for any cause, any subsequent applicant therefor shall be required, in addition to the qualifications and requirements otherwise provided, to furnish satisfactory proof by certificate from the proper district or county officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or holders of any tax certificates, delinquency certificates, or other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon provided by law. (39 Stat. 508.)

Textual note. --The substance of this section is codified as section 628, title 43, United States Code.

The word "receiver," in the first and third paragraphs of this section, should read "register" by virtue of the act of March 3, 1925, 43 Stat. 1145 (sec. 71, title 43, U. S. C.) abolishing the office of receiver and transferring his duties to the register.

Sec. 7. [Issue and delivery of district notices - Petition, appeal, etc.Rights of redemption.]- That all notices required by the irrigation district laws mentioned in this act shall, as soon as such notices are issued, be delivered to the register and receiver of the proper land office in cases where unpatented lands are affected thereby, and to the entryman whose unpatented lands are included therein, and the United States and such entryman shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership, and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. (39 Stat. 509.)

Textual note. This is codified as section 629, title 43, United States Code, the introductory word "That" being omitted, and the words "and receiver" being omitted.

The act of March 3, 1025, 43 Stat. 1145 (sec. 71, title 43, U. S. C.) abolished the ofice of receiver and transferred his duties to the register.

Sec. 8. (Disposal of receipts.] -- That all moneys derived by the United States from the sale of public lands herein referred to shall be paid into such funds and applied as provided by law for the disposal of the proceeds from the sale of public lands. (39 Stat. 509.) Textual note.-Codified as section 630, title 43, United States Code, the introductory word "That", being omitted, and the words "herein referred to" 'changed to read "referred to in this chapter.'

CERTAIN SETTLERS UNDER YUMA PROJECT GIVEN RIGHT TO

MAKE ENTRY

An act for the relief of certain settlers under reclamation projects. (Act August 17,

1916, ch. 349, 39 Stat. 516)

[Sec. 1. Certain settlers under Yuma project allowed to make farm-unit entry, credited with previous residence and improvements.]—That any person who has heretofore established residence upon and improved any tract of land within the irrigable area of the Yuma reclamation project in Arizona withdrawn from entry under the provisions of the reclamation law and acts supplementary thereto and amendatory thereof, and who shall have made valuable improvements upon such lands, and who has resided thereon in good faith for two years prior to the passage of this act, may make entry for the farm unit upon which his residence is established, and that such residence and improvements heretofore made shall be credited upon his final proof. (39 Stat. 516.)

Textual note. This act is codified as section 699, title 43, United States Code, with the following changes : The introductory word “That" is omitted ; instead of the word "heretofore" there are inserted the words "prior to August 17, 1916"; the words "and acts supplementary thereto and amendatory thereof" are omitted ; the words "prior

to the passage of this act” read "prior to August 17, 1916"; and the word "that," in the third une from the bottom, is omitted.

204

COMPENSATION OF GOVERNMENT EMPLOYEES

[Extract from) An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes. (Act August 29, 1916, ch. 417, 39 Stat. 556)

[Government employees—Court leave-Double salaries prohibited. ]Section six of an act entitled “An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and seventeen, namely"; approved May tenth, nineteen hundred and sixteen, is hereby amended so as to read as follows:

“Sec. 6. That unless otherwise specially authorized by law, no money appropriated by this or any other act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia: Provided, That no such retired officer or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other salary or compensation for services heretofore rendered, by reason of

any decision or construction of said section six.” (39 Stat. 582.)

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Textual note.-The substance of the above provision is codified as sections 58 and 59, title 5, United States Code.

NOTES

Juror's fees.-Fees received as a juror do not come within the prohibitions of above act. (C. L. 1025, July 9, 1921.)

In a decision of the Court of Appeals of the District of Columbia, rendered December 1, 1924, it was held that an employee of the United States Government was not qualified to serve as a member of a Federal grand jury. (United States v. Griffith et al., 2 Fed. (20) 925.)

Employee holding two positions.-There is no legal objection to the holding by an employee of the United States of two distinct and compatible positions, each with fixed compensation attached, thereto, pursuant to law or regulations, and prior to the appointment of the employee, provided the aggregate salaries do not exceed the rate of $2,000 per annum. (24 Comp. Dec. 132.)

It has been held that the holding of two positions is not authorized, even when the combined salaries do not exceed the rate of $2,000 per annum, unless the positions are in different departments or establishments and the salary of each is fixed by law or regulation. (Decision of Comptroller General, A-15186, October 28, 1926.)

An employee may not be paid the salary of two separate and distinct positions in the same department or establishment even though the combined salaries thereof do not exceed the rate of $2,000 per annum. (6 Comp. Gen. 435.)

In determining whether the combined amount of more than one salary received in more than one position under the Government exceeds the sum of

206 COMPENSATION OF GOVERNMENT EMPLOYEES

$2,000 per annum, the maximum authorized by the act of May 10, 1916, as amended by the act of August 29, 1916, the basis is the rate per annum of the combined salaries and not the aggregate amount actually received during a portion of the year, whether the measure of time for payment of salary under one or more positions is per annum, per diem, or per hour, it being necessary to determine in each instance the per annum rate equivalent to the rate based on a measure of time less than a year. (8 Comp. Gen. 261.)

See the note under act of February 28, 1929 (45 Stat. 1406), under the caption "Temporary employment by War Department of Reclamation Bureau consulting engineer prohibited.”

Percentage increases of compensation attached to positions comprehended in the various acts authorizing same, while constituting an addition to the salaries to which attached, are not regarded as a part thereof, and consequently an employee holding two distinct positions, with aggregate compensation of $2,000, is entitled to the percentage increase on the salary of each. (24 Comp. Dec. 105.)

Retirement deductions. The receipt by an employee of two salaries exceeding in the aggregate the annual rate of $2,000 is prohibited by the act of May 10, 1916, as amended by act of August 29, 1916, notwithstanding the employee may have been on a leave of absence from one of the positions, and the amount received under one of the two positions constitutes a proper charge against any amount due the employee by the United States and may be set off against any credits of the employee in the retirement fund. (4 Comp. Gen. 521.)

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