Oath administered by registers and receivers. Penalty for false information by register. SEC. 2246. The register or receiver is authorized, and it shall be their duty, to administer any oath required by law or the instruction of the General Land Office, in connection with the entry or purchase of any tract of the public lands, but he shall not charge or receive. directly, or indirectly, any compensation for administer ing such oath. SEC. 2247. If any person applies to any register to enter land whatever, and the register knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the person so applying to enter the same, such register shall be liable therefor to the person so applying, for $5 for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount. SEC. 2248. Whenever the quantity of public land recontinued by Sec. maining unsold in any land-district is reduced to a retary of the In number of acres less than one hundred thousand, it shall June 12, 1840, be the duty of the Secretary of the Interior to discon When land-office may be dis terior. 5 S. 385. When land-of fice may be con tary of the In terior. 5 S. 433. tinue the land-office of such district; and if any land in any such district remains unsold at the time of the discontinuance of a land-office, the same shall be subject to sale at some one of the existing land-offices most convenient to the district in which the land-office has been discontinued, of which the Secretary of the Interior shall give notice. SEC. 2249. The Secretary of the Interior may continued by Secre tinue any land-district in which is situated the seat of government of any of the States, and may continue the Sept. 4. 1841, land-office in such district, notwithstanding the quantity of land unsold in such district may not amount to one hundred thousand acres, when. in his opinion, such continuance is required by public convenience, or in order to close the land-system in such State. When lard of fice may be an nexed to adjacent district by the President 10 S. 199. SEC. 2250. Whenever the cost of collecting the revenue from the sales of the public lands in any land-district is as much as one-third of the whole amount of revenue Mch. 3. 1853, collected in such district, it may be lawful for the Pres.dent, if, in his opinion, not incompatible with the pubile interest, to discontinue the land-office in such district. and to annex the same to some other adjoining landdistrict. Charge of lo cation of and f fice by the Pres idert Mch 3, 153, 10. 204. Mch 3. 13, 244 of the President. May 30, 1×2 SEC. 2251. The President is authorized to change the location of the land-offices in the several land-districts established by law, and to relocate the same from time to time at such point in the district as he deems expedient. SFC. 2252. Upon the recommendation of the Commis ssioner of the General Land-Office, approved by the Secre tary of the Interior, the President may order the discontinuance of any land-office and the transfer of any of its busine-s and archives to any other land-office within the same State or Territory. 12. 409 boundaries of the President. SEC. 2253. The President is authorized to change and Change of re-establish the boundaries of land-districts whenever, land-districts by in his opinion, the public interests will be subserved June 29, 1870, thereby, without authority to increase the number of 16 s. 171. land-offices or land-districts. original district boundaries. SEC. 2254. In case of the division of existing land- Business of districts by the erection of new ones, or by a change of in case of change boundaries by the President, all business in such original of May 31, 1872, districts shall be entertained and transacted without 17 S. 192. prejudice or change, until the offices in the new districts are duly opened by public announcement under the direction of the Secretary of the Interior. All sales or disposals of the public lands heretofore regularly made at any land-office, after such lands have been made part of another district by any Act of Congress, or by any act of the President, are confirmed, provided the same are free from conflict with prior valid rights. office rent and consolidated land 12 S. 131. SEC. 2255. The Secretary of the Interior is authorized Allowance of to make a reasonable allowance for office-rent for each clerk hire for consolidated land-office; and when satisfied of the neces- offices. sity therefor, to approve the employment by the register, Feb. 18, 1861, of one or more clerks, at a reasonable per-diem compensation, for such time as such clerical force is absolutely required to keep up the current public business, which clerical force shall be paid out of the surplus fees authorized to be charged by section twenty-two hundred and thirty-nine, if any, and if no surplus exists, then out of the appropriation for incidental expenses of district land-offices; but no clerk shall be so paid unless his employment has been first sanctioned by the Secretary of the Interior. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Extract from an Act making appropriations for the support of the ing expenses only Provided, That only actual traveling expenses shall be, Actual travelallowed to any person holding employment or appoint- to be allowed. ment under the United States, and all allowances for mileages and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payinent or allowances in violation of this provision. Extract from the legislative appropriation Act, approved March 3, 1877 (19 Stat. 294-315). No credits to gal allowances. be given for ille Public lands in States where no land-offices: en That public lands situated in States in which there are no land offices may be entered at the General Land Office, subject to the provisions of law touching the entry of try of, etc. see the act of June 6, 1900. registers and re public lands; and that the necessary proofs and affidavits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record; and moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury. An Act In relation to certain fees allowed registers and receivers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemFees allowed bled, That the fee allowed registers and receivers for testiceivers for taking mony reduced by them to writing for claimants, in establishing preemption and homestead rights and mineral entries, and in contested cases, shall not be considered or taken into account in determining the maximum of compensation of said officers. testimony. Plats or diagrams of townships. SEC. 2. That registers and receivers shall, upon application, furnish plats or diagrams of townships in their respective districts showing what lands are vacant and what lands are taken, and shall be allowed to receive compensation therefor from the party obtaining said plat or diagram at such rates as may be prescribed by the Commissioner of the General Land Office; and said officers shall, upon application by the proper State or Territorial Lists of land authorities, furnish, for the purpose of taxation, a list of all lands sold in their respective districts, together with the names of the purchasers, and shall be allowed to receive compensation for the same not to exceed ten cents per entry; and the sums thus received for plats and lists shall not be considered or taken into account in determining the maximum of compensation of said officers. Approved, March 3, 1883 (22 Stat. 484). sold. Not allowed fees in excess of $8,000. Consolidat i on of land offices. Extract from the sundry civil appropriation Act, approved August 4, 1886 (24 Stat. 222-239). All fees collected by registers or receivers, from any source whatever, which would increase their salaries beyond three thousand dollars each a year, shall be covered into the Treasury, except only so much as may be necessary to pay the actual cost of clerical services employed exclusively in contested cases, and they shall make report quarterly, under oath, of all expenditures for such clerical services, with vouchers therefor. Extract from the sundry civil appropriation Act, approved August 5, 1892 (27 Stat. 349-368). And it shall be the duty of the Secretary of the Interior to consolidate the district land offices where practicable and consistent with the public interests. An Act Relating to the disqualification of registers and receivers of the United States land offices, and making provision in case of such disqualification. receivers not to where personally Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That no register or receiver shall receive evidence Registers and in, hear or determine any cause pending in any district proceed in cases land office in which cause he is interested directly or interested. indirectly, or has been of council, or where he is related to any of the parties in interest by consanguinity or affinity within the fourth degree, computing by the rules adopted by the common law. SEC. 2. That it shall be the duty of every register or receiver so disqualified to report the fact of his disqualification to the Commissioner of the General Land Office, as soon as he shall ascertain it, and before the hearing of such cause, who thereupon, with the approval of the Secretary of the Interior, shall designate some other register, receiver, or special agent of the Land Department to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such register or receiver would otherwise have possessed to act in such case. Approved, January 11, 1894 (28 Stat. 26). Extract from the legislative appropriation Act, approved March 2, 1895 (28 Stat. 764-807). Substitution of other officer. The duplication of reports and returns of registers and Duplication of receivers to the General Land Office shall be prevented ceivers' returns to registers' and reby such regulations as the Commissioner of the General be prevented. Land Office, with the approval of the Secretary of the Interior, may make. An Act To authorize registers and receivers of United States land offices to furnish transcripts of their records to individuals. receivers may receive transcript fees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That registers and receivers of United States land Registers and offices shall, in addition to the fees now allowed by law, be entitled to charge and receive for making transcripts of the records in their offices for individuals, the sum of ten cents per hundred words for each transcript so furnished; and the transcripts thus furnished, when duly Transcripts adcertified to by them, shall be admitted as evidence in all dence. courts of the United States and the Territories thereof, and before all officials authorized to receive evidence, with the same force and effect as the original records. Approved, March 22, 1904 (33 Stat. 144). mitted as evi Restriction on expenditures. ister and receiver dated. Extract from the sundry civil appropriation Act, approved March 4, 1909 (35 Stat. 945-985). Provided further, That no expenses chargeable to the Government shall be incurred by registers and receivers in the conduct of local land offices except upon previous specific authorization by the Commissioner of the General Land Office. An Act For the consolidation of the offices of register and receiver in district land offices in certain cases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPublic lands. sembled, That the President is authorized to consolidate Offices of reg: the offices of register and receiver in any district land ofmay be consoli- fice, and to appoint, by and with the advice and consent Conditions. of the Senate, a register for such land office and to abolR. S., sec. 2834, ish the office of receiver of such land office upon sixty days' notice of such abolition mailed to such register and receiver whenever the total compensation for both register and receiver of such land office shall fall below the sum of $4,000 per annum, and in his opinion the interests of the service warrant such abolition. p. 392, amended. Within sixty days after the mailing of such notice the office of receiver of such land office shall cease to exist, and all the powers, duties, obligations, and penalties imposed by law upon both register and receiver of such office shall be exercised by and imposed upon the register so appointed, who shall be paid a salary of $500 per annum, together with the fees and commissions otherwise allowable to both register and receiver: Provided, That the salary, fees, and commissions of such register shall not exceed $3,000 per annum. SEC. 2. That in case of a vacancy in the office of register by reason of death, resignation, or removal, or in case of inability to act, the Secretary of the Interior may designate for the period of such vacancy or inability to act the chief clerk of such office, or any other qualified employee of the Department of the Interior to act as register, subject to the filing of such bond or bonds as the Secretary of the Interior may prescribe, and the same authority is conferred upon the person so designated which such register lawfully possesses, except that no contest or protest shall be decided or disposed of by such clerk or employee, but all such decisions shall be deferred until the appointment or return of the register. Approved, October 28, 1921 (42 Stat. 208). |