Abbildungen der Seite
PDF
EPUB

can

герау.

.

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 homesteads on the public lands of the United States, and amendments thereto," approved March third, Repayment to eighteen hundred and seventy-three, and now incor- of fees, commis porated in section twenty-three hundred and six of the sions, and excess Revised Statutes of the United States, which said claims upon fraudulent were, after such location, found to be fraudulent and and void entries. void, and the entries or locations made thereon canceled, permanent. 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. SEC. 2. In all cases where homestead or timber-culture Entries

celed or not conor desert-land entries or other entries of public lands irmed; have heretofore or shall hereafter be canceled for conflict, ment to be made 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 commissions, amount of purchase money, and excesses paid upon the same, upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all minimum claims to said land, whenever such entry shall have been forhinland duly canceled by the Commissioner of the General Land grant, to be reOffice, 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. Sec. 3. The Secretary of the Interior is authorized to Appropriation

permanent make the payments herein provided for, out of any money in the Treasury not otherwise appropriated.

Sec. 4. The Commissioner of the General Land Office Rules and reg. shall make all necessary rules, and issue all necessary made by the instructions, to carry the provisions of this Act into the generan Land effect; and for the repayment of the purchase money Office 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).

Excess of $1.25 per acre, double

not railroad

paid.

Joint Resolution As to the provisions of “An Act for the relief of

certain 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.

Resolved by the Senate and House of Representatives

of the United States of America in Congress assembled, Proof of loy. That the provisions of "An Act for the relief of certain quired in refund. settlers on the public lands, and to provide for the paying certain fees. ment of certain fees, purchase money, and commission

paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty, shall be construed to abolish the necessity for proof of loyalty in the cases mentioned in said Act, and no proof of loyalty shall be required in the cases mentioned in said Act.

Approved, April 18, 1904 (33 Stat. 589).

Lists

to furnished.

An Act To authorize the receivers of public moneys for land districts

to deposit with the Treasurer of the United States certain sums embraced in their accounts of unearned fees and unofficial moneys.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemReceivers deposit unearned

med bled, That the receivers of public moneys for land disfees.

tricts are hereby authorized, under the direction of the Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated “Out

standing liabilities." be Sec. 2. That at the time of making such deposit the

receiver shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the pay. ments and the amounts thereof, which list shall bear the certificate of the register and receiver that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period

of five years or more. Deposit of Sec. 3. That amounts that appear in a receiver's aced by unknown counts as “Moneys deposited by unknown parties” shall parties

also be deposited to the credit of the Treasurer of the United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item: which list shall bear the certificate of the register and receiver that, after careful investigation, the ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more.

deposits.

Sec. 4. That any person or persons who shall have Repaymer t of made payment to a receiver, or to his predecessor, and the money shall have been covered into the Treasury pursuant to section one or section three hereof, shall, on presenting satisfactory evidence of such payment to the proper officer of the Treasury Department, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the practice in other cases of authorized and liquidated claims against the United States: Provided, That when such moneys shall remain unclaimed in the Treasury for more than five years the right to recover the same shall be barred : Provided, That no homestead entryman shall pupayment be required to make payment of the purchase money on by homestead en

trymen. any application to make a cash entry until the same shall have been approved by the register and receiver, but such payment shall be made within ten days after notice of such approval.

Approved, March 2, 1907 (34 Stat. 1245).

Time limit. for recovery.

[ocr errors]

An Act For the relief of homestead entrymen who have paid more

than the lawful purchase money.

trymen to be re

overpay.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which homestead entrymen Homestead enupon final proof or commutation shall have been re- funded quired to pay more than the lawful purchase money for ments. their lands, the Secretary of the Interior shall cause the excess to be repaid to the entryman or to his heirs or assigns.

Approved, March 2, 1907 (34 Stat. 1248).

An Act To provide for the repayment of certain commissions, excess

payments, and purchase moneys paid under the public land laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where purchase moneys and commissions paid Repayment per under any public land law have been or shall hereafter rejected enbe covered into the Treasury of the United States under tries. any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his Restriction. legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application.

SEC. 2. That in all cases where it shall appear to the Reimbursement satisfaction of the Secretary of the Interior that any per- ments. son has heretofore or shall hereafter make any payments to the United States under the public land laws in excess

of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to

his legal representatives. Amounts to be SEC. 3. That when the Commissioner of the General certified by Sec. retary of the In. Land Office shall ascertain the amount of any excess terior.

moneys, purchase moneys, or commissions in any case
where repayment is authorized by this statute, the Sec-
retary of the Interior shall at once certify such amounts
to the Secretary of the Treasury, who is hereby author-
ized and directed to make repayment of all amounts so
certified out of any moneys not otherwise appropriated
and issue his warrant in settlement thereof.»
Approved, March 26, 1908 (35 Stat. 48).

An Act For relief of applicants for mineral surveys.

surveys.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemMineral

land bled, That the Secretary of the Treasury be, and he is Refund of un- hereby, authorized and directed to pay, out of the moneys used deposits.

heretofore or hereafter covered into the Treasury from deposits made by individuals to cover cost of work performed and to be performed in the offices of the United States surveyors-general in connection with the survey of mineral lands, any excess in the amount deposited over and above the actual cost of the work performed, including all expenses incident thereto for which the deposits were severally made or the whole of any unused deposit;

and such sums, as the several cases may be, shall be Permanent ap: deemed to be annually and permanently appropriated for refunding. that purpose. Such repayments shall be made to the

Repayments to person or persons who made the several deposits, or to depositors.

his or their legal representatives, after the completion or
abandonment of the work for which the deposits were
made, and upon an account certified by the surveyor-
general of the district in which the mineral land sur-
veyed, or sought to be surveyed is situated and approved
by the Commissioner of the General Land Office.

Approved, February 24, 1909 (35 Stat. 645).
An Act For the relief of registers and former registers of the United

States land offices.
Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assemRefund to reg: bled, That the Secretary of the Treasury be, and he is ceivers for can hereby, authorized and directed to refund, out of any cellation notices.

money in the Treasury not otherwise appropriated, to registers and former registers of United States land offices money earned by them for issuing notices of the cancellation of entries subsequent to July twenty-sixth, eighteen hundred and ninety-two, which money, under

Amended by the act of Dec. 11, 1910.

the instructions of the Secretary of the Interior, they
were erroneously required to deposit in the United States
Treasury, contrary to the provisions of the Act approved
July twenty-sixth, eighteen hundred and ninety-two:
Provided, That such refund shall be made only of money
deposited subsequent to the approval of the Act of July
twenty-sixth, eighteen hundred and ninety-two, and shall
be made upon accounts stated and certified by the Sec-
retary of the Interior: And provided further, That said Limitation
refund shall be made of only such fees which have not
entered into the compensation paid to such registers out
of the appropriation for salaries and commissions of
registers and receivers for any fiscal year.
Sec. 2. That hereafter all money or fees received or Accounting

hereafter.
collected by registers of United States land offices for
issuing notices of cancellation of entries shall be reported
and accounted for by such registers in the same manner
as other fees or moneys received or collected.

Approved, March 4, 1911 (36 Stat. 1351).

1

An Act To amend an Act approved March 26, 1908, entitled "An Act to provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land laws."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an Act approved March 26, 1908 (Thirty-fifth Statutes at Large, page 48), entitled “ An Act to provide for the repayment of certain commissions, excess payments, and purchase moneys paid under the public land laws," be amended to read as follows:

“Sec. 1. That where purchase moneys and commissions Repayment ?? paid under any public land law have been or shall here- etc., in rejected after be covered into the Treasury of the United States entries,

Condition under any application to make any filing, location, selection, entry, or proof, such purchase moneys and commissions shall be repaid to the person who made such application, entry, or proof, or to his legal representatives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application: Provided, That such person or his legal represent- Time limit for atives shall file a request for the repayment of such pur applications, chase moneys and commissions within two years from the rejection of such application, entry, or proof, or within two years from the passage of this Act as to such applications, proofs, or entries, as have been heretofore rejected.

" Sec. 2. That in all cases where it shall appear to the Repayment se satisfaction of the Secretary of the Interior that any per

excess payments son has heretofore or shall hereafter make any payments to the United States under the public land laws in excess

36039-23-32

« ZurückWeiter »