SEC. 3. That every charge, the date of payment of Interest. which is extended under the provisions of section 2 of this Act, shall draw interest at the rate of 6 per centum per annum from the date from which it was so extended in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of the period for which it is so extended any such penalty shall attach from the date the charge was originally due, as if no extension had been granted. SEC. 4. That section 2 of such Act of March 31, 1922, is amended by striking out the words "season of 1922" where they appear in such section and by inserting in lieu thereof the words "seasons of 1922 and 1923." Boise, Idaho, SEC. 5. That where an individual water user, or indi-Drainage on vidual applicant for a water right under a Federal irri- project. gation project constructed or being constructed under the Act of June 17, 1902 (Thirty-second Statutes at Large, page 388), or any Act amendatory thereof or supplementary thereto, is unable to pay any construction or operation and maintenance charge due, excepting operation and maintenance charges for drainage on the Boise, Idaho, project for the year 1922, or prior thereto, the Secretary of the Interior is hereby authorized in his discretion to add such accrued and unpaid charges to the construction charge of the land of such water user or applicant, and to distribute such accumulated charges equally over each of the subsequent years, beginning with the year 1924, at such rate per year as will complete the payment during the remaining years of the twenty-year period of payment of the original construction charge: Provided, That upon such adjust-operation of ment being made, any penalties or interest which may have accrued in connection with such unpaid construction and operation and maintenance charges shall be canceled, and in lieu thereof the amount so due, and the payment of which is hereby extended, shall draw interest at the rate of 6 per centum per annum, paid annually from the time said amount became due to date of payment: Provided further, That the applicant for the extension Showing to be shall first show to the satisfaction of the Secretary of made. the Interior detailed statement of his assets and liabilities and actual inability to make payment at the time of the application and an apparent ability to meet the deferred charges in 1924 and subsequent years: And provided further, That in case the principal and interest herein provided for are not paid in the manner and at the time provided by this Act, any penalty now provided by law shall attach from the date the charge was originally due: And provided further, That similar relief in whole or in Relief to or part may be extended by the Secretary of the Interior to ganized group of a legally organized group of water users of a project, upon presentation of a sufficient number of individual 36039-2331 Suit State of fornia. be showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary. Approved, February 28, 1923 (42 Stat. -). An Act Authorizing the State of California to bring suit against the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembrought by the bled, That consent is hereby given that a suit or suits Cali- may be instituted by or in behalf of the State of California in the Supreme Court of the United States to determine the right, title, and interest of such State to certain lands in Siskiyou County, California, alleged to have been ceded by such State to the United States by act of the Legislature of the State of California entitled "An act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all the right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State," approved February 3, 1905, and in any such suit the right, title, and interest of such State and of the United States may be fully tested and determined if the Secretary of the Interior is made a party to such suit. Attorney Gen to defend. Upon the request of such Secretary the Attorney General of the U. S. eral of the United States is authorized and directed to defend the right, title, and interest of the United States to such land or any part thereof. Approved, March 3, 1923 (42 Stat. -). REGISTERS AND RECEIVERS AND LAND Revised Statutes, Sections 2234-2255-Appointment of registers and receivers Bond-Salaries-Compensation-Term of office-Duties-Continuance or discontinuance of land offices_. Act of June 16, 1874-Traveling expenses__. Act of March 3, 1877-States in which there are no land offices__ Act of March 3, 1883-Fees allowed registers and receivers for plats, etc. Act of August 4, 1886-Registers and receivers not allowed over $3,000 annually Act of August 5, 1892-Secretary of the Interior may consolidate land offices. Page. 479 483 483 484 484 484 Act of January 11, 1894-Register and receiver not to hear or determine cases in which interested___. 485 Act of March 2, 1895-Not to duplicate reports. 485 Act of March 22, 1904-Fees for furnishing transcripts-Transcripts as evidence 485 Act of March 4, 1909-Not to incur unauthorized expenses_ 486 Act of October 28, 1921-President may consolidate offices of register and receiver and abolish receiver. 486 Act of June 30, 1922-Certain land offices continued. 487 UNITED STATES REVISED STATUTES. SEC. 2234. There shall be appointed by the President, Appointment of by and with the advice and consent of the Senate, a ceivers. register of the land office and a receiver of public moneys for each land district established by law. The above section (2234) was amended by an Act of Congress approved January 27, 1898, which reads as follows: "There shall be appointed by the President, by and with the advice and consent of the Senate, a register of the land office and a receiver of public moneys for each land district established by law, who shall have charge of and attend to the sale of public and Indian lands within their respective districts, as provided by law and official regulations, and receivers shall be accountable under their official bonds for the proceeds of such sales, and for all fees, commissions, or other moneys received by them under any provision of law or official regulation." 1 of register and re SEC. 2235. Every register and receiver shall reside at Residence the place where the land office for which he is appointed ceiver. is directed by law to be kept. SEC. 2236. Every register and receiver shall, before Bond of regisentering on the duties of his office, give bond in the Offices of register and receiver may be consolidated; see the act of Oct. 28, 1921. ter and receiver. Salaries of reg. ister and receiver. Fees and com missions of regis penal sum of ten thousand dollars, with approved security, for the faithful discharge of his trust. SEC. 2237. Every register and receiver shall be allowed an annual salary of five hundred dollars. SEC. 2238. Registers and receivers, in addition to their ter and receiver. salaries, shall be allowed each the following fees and commissions, namely: Preemption claims. One per cent on moneys. Homestead applications. Timber-culture entries. Warrants and scrip. Donation claims. State and railroad selections. Public sales. Mineral pat ents. Taking testi mony. First. A fee of one dollar for each declaratory state- . ment filed, and for services in acting on preemption claims. Second. A commission of one per centum on all moneys received at each receiver's office." Third. A commission to be paid by the homestead applicant, at the time of entry, of one per centum on the cash price, as fixed by law, of the land applied for; and a like commission when the claim is finally established, and the certificate therefor issued as the basis of a patent. Fourth. The same commission on lands entered under any law to encourage the growth of timber on western prairies, as allowed when the like quantity of land is entered with money. Fifth. For locating military bounty-land warrants issued since the eleventh day of February, eighteen hundred and forty-seven, and for locating agricultural college land scrip, the same commission to be paid by the holder or assignee of each warrant or scrip as is allowed for sales of the public lands for cash, at the rate of one dollar and twenty-five cents per acre. Sixth. A fee, in donation cases, of two dollars and fifty cents for each final certificate for one hundred and sixty acres of land; five dollars for three hundred and twenty acres; and seven dollars and fifty cents for six hundred and forty acres. Seventh. In the location of lands by States and corporations under grants from Congress for railroads and other purposes (except for agricultural colleges), a fee of one dollar for each final location of one hundred and sixty acres; to be paid by the State or corporation making such location. Eighth. A fee of five dollars per diem for superintending public-land sales at their respective offices; [and to each receiver mileage in going to and returning from depositing the public moneys received by him.3] Ninth. A fee of five dollars for filing and acting upon each application for patent or adverse claim filed for mineral lands, to be paid by the respective parties. Tenth. Registers and receivers are allowed jointly, at the rate of fifteen cents per hundred words for testimony reduced by them to writing for claimants, in establishing This clause is construed to refer only to receipts from cash sales. It does not apply to fees and commissions. a Part in brackets repealed. Actual expenses only allowed. Act June 16. 1874 (18 Stat. 72). preemption desert land and homestead rights. (As amended May 29, 1908.) Eleventh. A like fee as provided in the preceding subdivision when such writing is done in the land office, in establishing claims for mineral lands. Per cent Twelfth. Registers and receivers in California, Ore- fees and commis gon, Washington, Nevada, Colorado, Idaho, New Mexico, sions, Arizona, Utah, Wyoming, and Montana, are each entitled to collect and receive fifty per centum on the fees and commissions provided for in the first, third, and tenth subdivisions of this section. SEC. 2239. The register for any consolidated land district, in addition to the fees now allowed by law, shall be entitled to charge and receive for making transcripts for individuals, 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. SEC. 2240. The compensation of registers and receivers. including salary, fees, and commissions, shall in no case exceed in the aggregate three thousand dollars a year each; and no register or receiver shall receive for any one quarter or fractional quarter more than a prorata allowance of such maximum. Transcript of records. Maximum of compensation for registers and re ceivers. pensation to be SEC. 2241. Whenever the amount of compensation re- Excess of comceived at any land office exceeds the maximum allowed paid into Treasby law to any register or receiver, the excess shall be ury. paid into the Treasury, as other public moneys. SEC. 2242. No register or receiver shall receive any Illegal fees; compensation out of the Treasury for past services who penalty. has charged or received illegal fees; and, on satisfactory proof that either of such officers has charged or received fees or other rewards not authorized by law, he shall be forthwith removed from office. of registers and SEC. 2243. The compensation of registers and receivers, Compensation both for salary and commissions, shall commence and be receivers, when to calculated from the time they, respectively, enter on the commence. discharge of their duties. Duration of of SEO. 2244. All registers and receivers shall be ap-gisters pointed for the term of four years, but shall be remov- and receivers. able at pleasure. quarterly returns SEC. 2245. The receivers shall make to the Secretary Monthly and of the Treasury monthly returns of the moneys received of receivers. in their several offices, and pay over such money pursuant to his instructions. And they shall also make to the Commissioner 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. |