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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.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

testimony.

Extract from an act making appropriations for the support of the Army,

approved June 16, 1874 (18 Stat., 72). Actual travel Provided, That only actual traveling expenses shall be ing expenses only to be allowed. allowed to any person holding employment or appoint

ment under the United States, and all allowances for

mileages and transportation in excess of the amount acNo credits to be tually paid are hereby declared illegal; and no credit given for illegal allowances. shall be allowed to any of the disbursing officers of the

United States for payment or allowances in violation of
this provision.
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 assembled, Fees allowed That the fee allowed registers and receivers for testimony ceivers for taking 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 compensa

tion of said officers. Plats or dia- SEC. 2. That registers and receivers shall, upon applicagrams of townships.

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 o. land authorities, furnish, for the purpose of taxation, a list of sold

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., 239). Non allowed Al fees collected by registers or receivers, from any $3,000.

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. .

receivers not to

where personally

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 in, hear Registers and or determine any cause pending in any district land office proceed in cases in which cause he is interested directly or indirectly, or interested. 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 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., 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 provented. 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.

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 offices Registers and

wow receivers may reshall, in addition to the fees now allowed by law, be en-receive transcript titled to charge and receive for making transcripts of the record in their offices for individuals, the sum of ten cents per hundred words for each transcript so furnished; and mIranscripts ad

mitted as evithe transcript thus furnished, when duly certified to by dence. them, shall be admitted as evidence in all courts of the

fees.

officials authorized to receive evidence, with the same force and effect as the original records.

Approved, March 22, 1904 (33 Stat., 144).

expenditures

Extract from the sundry civil appropriation act, approved-March 4, 1909

(35 Stat., 985). Restriction on 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.

REPAYMENTS.

Page.

279

Revised Statutes, sections 2362–2363-Purchase money to be re

funded where sale can not be confirmed..... Act of June 16, 1880 (21 Stat., 287)—Refund on fraudulent

soldier's additional homesteads-Canceled or unconfirmed entries--Double minimum price on lands not in railroad

limits...... Act of April 18, 1904 (33 Stat., 589)-Proof of loyalty not re

quired in repayment on soldier's additional...... Act of March 2, 1907 (34 Stat., 1245)-Receivers to deposit un

earned fees carried five years---Repayment of same..... Act of March 26, 1908 (35 Stat., 485—Repayments on rejected

applications.. Act of February 24, 1909 (35 Stat., 645)—Unused deposits for

mineral surveys...... Act of March 4, 1911 (36 Stat., 1351)-Refund to registers and

receivers of money earned for issuing cancellation notices....

...........

282

UNITED STATES REVISED STATUTES. SEC. 2362. The Secretary of the Interior is authorized, Purchase mon; upon proof being made, to his satisfaction, that any tract where sale can

not be confirmed. of land has been erroneously sold by the United States, so Jan. 12, 1825,4 that from any cause the sale can not be confirmed, to re- ok.180; Feb. 28, 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 appropriated. SEC. 2363. Where any tract of land has been errone-Refunding in

ecrtain cases: how ously sold, as described in the preceding section, and the done..

Feb, 28, 1859, 11 money which was paid for the same has been invested in s..'388. 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.

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

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

Certain settlers public lands.

Be it enacted by the Senate and House of Representatives Cer of the United States of America in Congress assembled, That in all cases where it shall, upon due proof being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the act entitled “An Act to amend an act entitled

An Act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire

innocent parties

sions, and excess

in all cases.

Repayment to homesteads on the public lands of the United States,' of fees, commis- and amendments thereto," approved March third, eightpayments made een hundred and seventy-three, and now incorporated upon fraudul?nt in section twenty-three hundred and six of the Revised

Appropriation Statutes of the United States, which said claims were, permanent.

after such location, found to be fraudulent and void, and the entries or locations made thereon canceled, the Secretary of the Interior is authorized to repay to such innocent parties the fees and commissions and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by

the United States. Entries of can- SEC. 2. In all cases where homestead or timber-culture firmed; repay-or desert-land entries or other entries of public lands have

heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneously allowed and can not be confirmed, the Secretary of the Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and com

missions, amount of purchase money, and excesses paid Excess of $1,25 upon the same, upon the surrender of the duplicate reminimum price ceipt and the execution of a proper relinquishment of all in railroad grant, claims to said land, whenever such entry shall have been

duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid doubleminimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof,

or to his heirs or assigns. Appropriation SEC. 3. The Secretary of the Interior is authorized to

make the payments herein provided for out of any money

in the Treasury not otherwise appropriated. Rules and regu- SEC. 4. The Commissioner of the General Land Office by the Commis-shall make all necessary rules, and issue all necessary eral Land mice instructions, to carry the provisions of this act into

effect; and for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of cancellation of the entries.

Approved, June 16, 1880 (21 Stat., 287.

per acre, double

for land not with

to be repaid.

permanent.

sioner of the Gen

Joint Resolution As to the provisions of "An act for the relief of cer

tain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty.

Proof of loyalty Resolved by the Senate and House of Representatives of not required in refunding certain the United States of America in Congress assembled, That fees.

the provisions of “An act for the relief of certain settlers

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