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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 Representa

tives of the United States of America in Congress assemFees allowed bled, That the fee allowed registers and receivers for testicelvers for taking mony reduced by them to writing for claimants, in estabtestimony.

lishing preemption and homestead rights and mineral entries, and in contested cases, shall not be considered or taken into account in determining the maximum of com

pensation of said officers. Plats or dia SEC. 2. That registers and receivers shall, upon applicagrams of town. whipa tion, 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 rold

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).

Extract from the sundry civil appropriation Act, approved August 4,

1886 (24 Stat. 222-239).

Not allowed All fees collected by registers or receivers, from any fees in excess of $8,000. source whatever, which would increase their salaries be

yond 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). Consolidation

And it shall be the duty of the Secretary of the Interior of land offices.

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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

Substitution of 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 reg. ister, 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).

other officer.

Extract from the legislative appropriation Act, approved March 2,

1895 (28. Stat. 764-807). The duplication of reports and returns of registers and Duplication of receivers to the General Land Office shall be prevented ceivers" returns to by 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 individ als.

receivers may re

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, ceive transcript 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 m Transcripts ard: certified 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).

Extract from the sundry civil appropriation Act, approved March 4,

1909 (35 Stat. 945--985). Restriction on expenditures.

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.

p. 392, amended.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asPublic lands. sembled, That the President is authorized to consolidate terices posuere 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 inter

ests of the service warrant such abolition. Register to Within sixty days after the mailing of such notice the perform duties of receiver. 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 an

num, together with the fees and commissions otherwise Proriso. allowable to both register and receiver: Provided, That Maximum compensation. the salary, fees, and commissions of such register shall

not exceed $3,000 per annum. Acting register Sec. 2. That in case of a vacancy in the office of regin case of

ister 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 reg. ister, 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 law fully 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).

va.

cancy.

An Act To continue certain land offices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the land offices now located, respectively, at

Public lands.

Designated land Bellefourche in the State of South Dakota, Waterville in offices continued. the State of Washington, Dickinson in the State of North Ante, p. 557. Dakota, Del Norte and Sterling in the State of Colorado, Clayton and Fort Sumner in the State of New Mexico, Harrison and Camden in the State of Arkansas, and Alliance in the State of Nebraska, are hereby continued for and during the fiscal year commencing July 1, 1922, and thereafter, in the discretion of the president as long as the public business at such offices shall warrant: Pro

Offices vided, however, That the President may consolidate the ter and receiver offices of register and receiver in any of said offices when- must be consoliever he may deem it in the public interest.

Sec. 2. That such appropriations as are sufficient to thorized. maintain said offices are hereby authorized to be made from time to time as conditions may require.

Approved, June 30, 1922 (42 Stat. 766).

Proviso.

.

REPAYMENTS.

Page

498

488

490

Revised Statutes.-Sections 2362–2363—Purchase money to be refunded

where sale can not be confirmed.. Act of June 16, 1880–Refund on fraudulent soldier's additional home

steads-Canceled or unconfirmed entries-Double minimum price on

lands not in railroad limits.-Act of April 18, 1904—Proof of loyalty not required in repayment on

soldier's additional.-
Act of March 2, 1907-Receivers to deposit unearned fees carried five

years—Repayment of same--
Act of March 2, 1907–Refunds to homestead entrymen.-
Act of March 26, 1908-Repayments on rejected applications..
Act of February 24, 1909—Unused deposits for mineral surveys.-
Act of March 4, 1911-Refund to registers and receivers of money

earned for issuing cancellation notices.----
Act of December 11, 1919—Repayments on rejected applications.---

+90 491 491 492

492 493

UNITED STATES REVISED STATUTES:

Purchase money Sec. 2362. The Secretary of the Interior is authorized, refunded where sale can not be upon proof being made, to his satisfaction, that any tract

Jan. 12, 1825, of land has been erroneously sold by the United States, so 48.80; Feb. 28, that from any cause the sale can not be confirmed, to re

pay to the purchaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appro

priated. Refunding in Sec. 2363. Where any tract of land has been erro

neously sold, as described in the preceding section, and Feb 238, 1859, the money which was paid for the same has been invested

in any stocks held in trust, or has been paid into the
Treasury to the credit of any trust fund, it is lawful, by
the sale of such portion of the stocks as may be necessary
for the purpose, or out of such trust fund, to repay the
purchase money to the parties entitled thereto.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

certain cases; how done.

11 s. 388.

An Act For the relief of certain settlers on the public lands, and to

provide for the payment of certain fees, purchase money, and commissions paid on void entries of public lands.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemCertain set. bled, That in all cases where it shall, upon due proof lands, on public being made, appear to the satisfaction of the Secretary of

the Interior that innocent parties have paid the fees and

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