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by them to writing for claimants, in establishing pre-emption and homestead rights.

13 Stat. 35; R. S. 2238. Decision Com. G. L.O., Sept. 1, 1879. Cir.

G. L. O., May 24, 1879. Eleventh. A like fee as provided in the preceding sub- Ibid. division when such writing is done in the land office, in establishing claims for mineral lands.

17 Stat. 95; R. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. G. L. O., May 24, 1879.

Twelfth. Registers and receivers in California, Oregon, Additional fees, Washington, Nevada, Colorado, Idaho, New Mexico, Ari-States and Terri.

&c., in certain zona, Utah, Wyoming, and Montana, are each entitled to tories. collect and receive fifty per centum on the fees and commissions provided for in the first, third, and tenth subdivisions of this section.

13 Stat. 36; R. S. 2238. [See, also, the several acts establishing land

offices for Utah, Wyoming, and Montana.] Thirteenth. A fee of one dollar shall be paid to registers of

Fee for notice

of cancellation. for giving notice of cancellation to any person who has contested, paid the land-office fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry; the said fee to be paid by the contestant, and not to be reported.

Aet of May 14, 1880. SEC. 138. The register for any consolidated land district, in Fees of register addition to the fees now allowed by law, shall be entitled to consolidated land

it and receiver for charge and receive for making transcripts for individuals, offices. or furnishing any other record information respecting public lands or land titles in his consolidated land district, such fees as are properly authorized by the tariff existing in the local courts of his district; and the receiver shall receive his equal share of such fees, and it shall be his duty to aid the register in the preparation of the transcripts, or giving the desired record information.

12 Stat. 131 ; R. S. 2239. Cir. G. L. O., July 19, 1878. SEC. 139. The compensation of registers and receivers, Maxi

mpensation for including salary, fees, and commissions, shall in no case ex- registers and re. ceed in the aggregate three thousand dollars a year, each ; ceivers. and no register or receiver shall receive for any one quarter or fractional quarter more than a pro-rata allowance of such maximum.

3 Stat. 466; 10 id. 4; 11 id. 378; 12 id. 131, 393, 409, 505; 13 id.

36, 335; R. S. 2240. U. S. v. Babbit, 1 Black, 55; same case, 5
Otto, 334. Cir. G. L. O., Feb. 20, 1858; May 1, 1871; June 24,

1875; July 19, 1878; May 24, 1879. SEC. 140. Whenever the amount of compensation received Excess of com. at any land office exceeds the maximum allowed by law to paid in Treconnue any register or receiver, the excess shall be paid into the Treasury, as other public moneys.

10 Stat. 204; 12 id. 131 ; R. S. 2241. SEC. 141. No register or receiver shall receive any com-,

Illegal fees; pensation out of the Treasury for past services who has charged or received illegal fees; and, on satisfactory proof that either of such officers has charged or received fees or

to commence.

and receivers.

other rewards not authorized by law, he shall be forth with removed from office.

10 Stat. 4, 306; R. S. 2242. Compensation SEC. 142. The compensation of registers and receivers, of registers and receipers, when both for salary and commissions, shall commence and be

calculated from the time they, respectively, enter on the discharge of their duties.

10 Stat. 615; R. S. 2243. U. S. v. Edwards, 1 McLean, C. C. 467.

Cir. G. L. O., Feb. 20, 1858; May 1, 1871. Monthly and SEC. 143. The receivers shall make to the Secretary of quarterly returns the Treasury monthly of receivers.

as the Treasury monthly returns of the moneys received in

their several offices, and pay over such money pursuant to
his instructions. And they shall also make to the Commis-
sioner of the General Land Office like monthly returns, and
transmit to him quarterly accounts-current of the debits and
credits of their several offices with the United States.
5 Stat. 111; R. S. 2245. Cir. G. L.O., July 1, 1871; June 24, 1875;

July 19, 1878; May 24, 1879. Treasury Cir., July 13, 1871. 1 Les

ter's L. L. 312, 314. Oaths adminis- SEC. 144. The register or receiver is authorized, and it tored by registers shall be their duty, to administer any oath required by law

or the instructions 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 administering such oath.

5 Stat. 384; R. S. 2246. Penalty for false SEC. 145. If any person applies to any register to enter information by register.

any 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 five dollars for each acre of land which the person so applying, offered to enter, to be recor. ered by action of debt in any court of record having juris. diction of the amount.

5 Stat. 112; R. S. 2247. . Deposit of pub- SEC. 146. All receivers having public money to pay to the lic money.

United States may pay the same to any depositary constituted by or in pursuance of law, which may be designated by the Secretary of the Treasury, except that the receiver at San Francisco shall pay over such money to the United States assistant treasurer in that city at the office of said assistant treasurer.

9 Stat. 62; 16 id. 216; 17 id. 435; R. S. 3615, 3616. Where claimant SEC. 147. Where bona fide settlers under the homestead of entry becomes register or re- or pre-emption laws have, subsequent to the date of filing

their applications to enter not exceeding one quarter-section of public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office.

17 Stat. 10; R. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647.

ceiver.

CHAPTER FIVE.

SPECIAL AGENTS.

Sec.

| Sec. 148. Surveyor-general may appoint agents 149. Officers, &c., detailed to investigate to examine surveys in the field.

frauds may administer oaths.

field.

SEC. 148. When it is incompatible with his other duties Surveyor-gen. for a surveyor-general of the United States to personally eran may appoint inspect the surveying operations of his district while in inesurveys in the progress in the field, he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and five dollars per day during the examination in the field : Provided, That such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyorgeneral, or any person employed in his office at a regular salary, shall be engaged in such special service, he or they shall only receive his necessary expenses in addition to his regular salary.

10 Stat. 248; R. S. 2223. SEC. 149. Any officer or clerk of any of the executive Officers detailed departments of the government who shall be lawfully de

na choul halowfullud to investigate

frauds may ad. tailed to investigate frauds, or attempts to defraud, on the minister oaths. Government, or any irregularity or misconduct of any officer or agent of the United States, shall have power to administer oaths to affidavits taken in the course of any such investigation.

16 Stat. 55,75; U. S. v. Bailey, 9 Pet. 238.
Right of officers detailed on special duty to extra compensation : 1

Cranch, 137; U. S. v. Ripley, 7 Pet. 18; U. S. v. Fillebrown, 7 id. 28;
Gratiot v. U.S., 15 id. 336; U. S. v. Brown, 9 How. 487; Converse
v. U. S., 21 id. 463; Stanbury v. U.S., 8 Wall. 33. U.S. v. Jarvis, 1
Davies, C. C. 274. Definition of office, and power to bind Government:
U.S. v. Hartwell, 6 Wall. 385; Whiteside ct al. v. U. S., 3 Otto, 247.
Reimbursement of expenditures': U. S. v. Jarvis, 2 Ware, C. C. 274,
Decisions Sec. Int., July 1, 1874; Sept. 21, 1874. Cir. G. L. O.,

July 1, 1871.
[The authority to appoint special agents in the administration of the
land laws seems to be derived from the annual appropriation bills, and
from the general authority incident to the duty of executing the laws.]

61

CHAPTER SIX.
PUBLIC SALES AND PRIVATE ENTRIES.

Sec.

Sec.

150. Public sale of lands in half quarter 163. What coins receivable in payment sections.

for public lands. 151. Advertisement of sales.

164. Mistakes in entry of lands, provis152. Price of lands $1.25 per acre.

ions for. 153. No credit on sales of public lands. 165. Mistakes in patents for lands. 154. Lands raised to $2.50 per acre prior 166. Mistakes in location of warrants.

to January, 1861, reduced to $1.25 167. Error in entry by mistake of numper acre.

bers, proceedings upon 155. Públic lands may be offered for sale 168. Agreement and acts intended to prein such proportions as the President

vent bids; penalty. chooses.

169. Agreement to pay premiums to pur156. Duration of sales.

chasers at public sales. 157. Several certificates issued to two or 170, Recovery of premiums paid to purmore purchasers of same section.

chasers at public sales. 158. Private sales, in what bodies.

171. Discovery of agreements to pay pre159. Private sales, proceedings in.

mium, by bill in equity. 160. Highest bidder, when preferred in | 172. Limitation of entries by agriculturalprivate sales.

college scrip: 161. Minimum price, how fixed when 173. Sale of saline lands.

reservations are sold. 162. Lands in California subject to pri

vate entry and withdrawn, how to

be opened to entry. Public sale of SEC. 150. All the public lands, the sale of which is aulands in half

that thorized by law, shall, when offered at public sale to the quarter-sections.

highest bidder, be offered in half quarter-sections.

3 Stat. 566; R. S. 2353. Advertisement SEC. 151. The public lands which are exposed to public of sales.

sale by order of the President shall be advertised in one newspaper published in the State or Territory where the lands are situated, to be designated by the Secretary of the Interior, for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided.

4 Stat. 702; 19 id. 221, 377; R. S. 2359. Price of lands, SEC. 152. The price at which the public lands are offered $1.25 per acre.

for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who makes payment as provided in the preceding section, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twentyfive cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands, along the line of railroads within the limits

62

granted by any act of Congress, shall be two dollars and fifty 'cents per acre.

3 Stat. 566; 19 id. 377; R. S. 2357. Chotard v. Pope, 12 Wheat. 589;

Lytle v. Arkansas, 9 How. 328; Irvine v. Marshall, 20 id. 633; El-
dred v. Sexton, 19 Wall. 189. Eldred v. Sexton, 30 Wis. 193; Hard-
wick v. Reardon, 6 Ark. 77. 2 Op. Att. Gen. 186, 200; 3 id. 240,
274, 448; 4 id. 167; 5 id. 476; 7 id. 647. Decisions Sec. Int., March
16, 1870; Nov. 2, 1871; Nov. 20, 1871 ; Jan. 4, 1872 ; Sept. 5, 1878.
Décisions Com. G. L. O., Aug. 31, 1630; June 21, 1865; Oct. 17,
1867 ; April 9, 1868; Sept. 12, 1872; Jan. 29, 1873; March 24, 1873;
Nov. 27, 1874; Oct. 20, 1876. Cir. G. L. O., Sept. 10, 1849; June

17, 1875. SEC. 153. Credit shall not be allowed for the purchase No credit on

sales of publio money on the sale of any of the public lands, but every pur-lands. chaser of land sold at public sale shall, on the day of purchase, make complete payment therefor'; and the purchaser at private sale shall produce to the register of the land office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase money on any tract, before he enters the same at the land office ; and if any person, being the highest bid. der at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales.

3 Stat. 566 ; R. S. 2356. Mathews v. Zane, 7 Wheat. 164; Chotard
v. Pope, 12 id. 589; U. S. v. Boyd, 5 How. 49; Lytle v. Arkansas,
9 id. 328; Bell v. Hearne, 19 id. 252; Irvine v. Marshall, 20 id. 558.
2 Op. Att. Gen. 186; 3 id. 150, 448; 5 id. 476. Lott v. Prudhomme,
3 Rob. (La.) 293; Beaumont'v, Covington, 6 id. 189; Leblance v.
Ludrique, 14 La. Ann. 772; Newport v. Cooper, 10 Lá, 155 ; Kirby
v. Fogleman, 16 id. 277 ; Wynn v. Garland, 16 Ark, 440; Wither-
spoon v. Duncan, 21 id. 240; Hunter v. Hemphill, 6 Mo. 106 ;
Groom v. Hill, 9 id. 320; Russell 1. Defrance, 39 id. '506; Massey
v. Smith, 64 id. 347; Stephenson v. Smith, 7 Nev. 610; Morenhaut
v. Wilson, 52 Cal. 226. Decisions Sec. Int., March 8, 1872; Sept.
5, 1878. Decisions Com. G. L. O., Aug. 31, 1830; Sept. 1, 1879.

Cir. G. L. O., Sept. 10, 1849 ; June 17, 1875; Oct. 1, 1878. SEC. 154. The price of lands now subject to entry which Lands raised to were raised to two dollars and fifty cents per acre, and put prior to Jannart in market prior to January, eighteen hundred and sixty-one, 1861, reduced to by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre.

Act of June 15, 1880. Cir. G. L. O., July 17, 1880. SEC. 155. Whenever the President is authorized to cause Public lands the public lands, in any land district, to be offered for sale, for sale in such he may offer for sale, at first, only a part of the lands con- proportions as

the President tained in such district, and at any subsequent time or times chooses. he may offer for sale in the same manner any other part, or the remainder of the lands contained in the same.

2 Stat. 479; 19 id. 221, 377; R. S. 2358. SEC. 156. The public sales of lands shall, respectively, be Duration of kept open for two weeks, and no longer, unless otherwise sales. specially provided by law.

3 Stat. 567 ; R. S. 2360.

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