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REGISTERS AND RECEIVERS AND LAND

DISTRICTS.

Page.

479 483 483 484

484

Revised Statutes, Sections 2234-2255— Appointment of registers and re

ceivers-Bond-Salaries—Compensation-Term of office-Duties-Con

tinuance or discontinuance of land offices --
Act of June 16, 1874–Traveling expenses --
Act of March 3, 1877—States in wbich 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 Act of January 11, 1894—Register and receiver not to hear or determine

cases in which interested.Act of March 2, 1895—Not to duplicate reports. Act of March 22, 1904—Fees for furnishing transcripts—Transcripts as

evidence_Act of March 4, 1909—Not to incur unauthorized expenses. Act of October 28, 1921-President may consolidate offices of register and

receiver and abolish receiver---Act of June 30, 1922—Certain land offices continued.

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UNITED STATES REVISED STATUTES.

Sec. 2234. There shall be appointed by the President, reAppointment of by and with the advice and consent of the Senate, a cerers. 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 Sec. 2235. Every register and receiver shall reside at Residence

register and rethe 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 regis

ter and receiver. entering 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.

of

penal sum of ten thousand dollars, with approved se

curity, for the faithful discharge of his trust. Salaries of reg. ister and receiver.

SEC. 2237. Every register and receiver shall be al

lowed an annual salary of five hundred dollars. Fees and com missions of regis

Sec. 2238. Registers and receivers, in addition to their ter and receiver. salaries, shall be allowed each the following fees and

commissions, namely: Preemption First. A fee of one dollar for each declaratory stateclaims.

ment filed, and for services in acting on preemption

claims. One per cent on

Second. A commission of one per centum on all moneys.

moneys received at each receiver's office. Homestead ap

Third. A commission to be paid by the homestead applications.

plicant, 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. Timber-culture entries.

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. Warrants and

Fifth. For locating military_bounty-land warrants всrір.

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. Don a tion claims.

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. State and rail.

Seventh. In the location of lands by States and corporoad selections.

rations 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 mak

ing such location. Public sales. Eighth. A fee of five dollars per diem for superintend

ing 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.s] Mineral pat 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. Taking testi

Tenth. Registers and receivers are allowed jointly, at the rate of fifteen cents per hundred words for testimony reduced by them to writing for elaimants, in establishing

* This clause is construed to refer only to receipts from cash sales. It does not apply to fees and commissions.

: Part in brackets repealed. Actual expenses only allowed. Act June 16. 1874 (18 Stat. 72).

ents.

mony.

fees and commis

of

ceivers.

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.

Twelfth. Registers and receivers in California, Ore Per cent on gon, Washington, Nevada, Colorado, Idaho, New Mexico, sions. Årizona, 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 dis Transcript of

records. trict, 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, Maximum including salary, fees, and commissions, shall in no registers and recase 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. Sec. 2241. Whenever the amount of compensation re

Excess of comceived at any land office exceeds the maximum allowed paid into Treas. by law to any register or receiver, the excess shall be úry. paid into the Treasury, as other public moneys.

Sec. 2242. No register or receiver shall receive any Ilegal 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.

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. Sec. 2244. All registers and receivers shall be ap-hce un registers

Duration of of pointed for the term of four years, but shall be remov- and receivers. able at pleasure.

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.

Oath adminis SEC. 2246. The register or receiver is authorized, and tered by registers and receivers. 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. Penalty for SEO. 2247. If any person applies to any register to false information enter land whatever, and the register knowingly and

falsely in forms 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 When land-of Sec. 2248. Whenever the quantity of public land recontinued by See 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 discon6 S. 385.

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. When land-of SEC. 2249. The Secretary of the Interior may continued by Scere tinue any land-district in which is situated the seat of tary of the In. 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 con !
tinuance is required by public convenience, or in order
to close the land-system in such State.

SEC. 2250. Whenever the cost of collecting the revenue breed to adarent from the sales of the public lands in any land district is

the as much as one-third of the whole amount of revenue Mch. 3. 1553. collected in such district, it may be lawful for the Presi 10.189.

dent, if, in his opinion, not incompatible with the public interest, to discontinue the land-office in such district. and to annex the same to some other adjoining landdistrict.

SEC, 2251. The President is authorized to change the nie by the I've location of the land-offices in the several land districts

established by law, and to relocate the same from time to 204. Min time at such point in the district as he deems expedient.

SEC, 2252. Upon the recommendation of the Commissioner of the General Land-Office, approved by the Secretary of the Interior, the President may order the discottinuance 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.

5 S. 455.

Wher land of

district by President

(harge o! lo ca'u of jail !

jdert

Mch 3, , 10 3. IN),

Distt.

!! of lardne by

May 31 Ime

Sec. 2253. The President is authorized to change and Change of

re-establish the boundaries of land-districts whenever, land-districts by I Lan in his opinion, the public interests will be subserved June 20, 11870.

thereby, without authority to increase the number of 16 S. 171.
land-offices or land-districts.

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 1, 1972,
districts shall be entertained and transacted without 17 B. 192
prejudice or change, until the offices in the new districts
are duly opened by public announcement under the direc-
tion of the Secretary of the Interior. All sales or dis-
posals 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.
Sec. 2255. The Secretary of the Interior is authorized one centaine de
to make a reasonable allowance for office-rent for each clerk hire for
consolidated land-office; and when satisfied of the neces- Ochices.
sity therefor, to approve the employment by the register Feb. 18, 1861,
of one or more clerks, at a reasonable per-diem com-
pensation, for such time as such clerical force is abso-
lutely 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 em-
ployment has been first sanctioned by the Secretary of
the Interior.

consolidated land

12 .

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

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Extract from an Act making appropriations for the support of the

Army, approved June 16, 1874 (18 Stat. 72). Provided, That only actual traveling expenses shall be an Actual travel: allowed to any person holding employment or appoint- to be kilowed. 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 . No credits to shall be allowed to any of the disbursing officers of the sailowancoh. Cnited States for payment or allowances in violation of

this provision.

Extract from the legislative appropriation Act, approved Mareh 3.

1877 (19 Stat. 294-315). That public lands situated in States in which there are Public lande ta no land offices may be entered at the General Land Office, find other subject to the provisions of law touching the entry of try of, etc. * Kee the act of June 6, 1900.

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