United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 86 of 150)
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vision of Act March 3, 1887, § 362, post, i 4479.

The register was also allowed a fee of one dollar for giving, to one who had
contested and procured the cancellation of a pre-emption, homestead, or tim-
ber-culture entry, a notice of the cancellation of the entry, which fee was
not to be reported, by Act May 14, 1880, c. S9, S 2. as amended by Act
July 26, 1892, c. 251, post, { 4537. The provision of that act that the fees
were not to be reported was superseded by the requirement- that such fees be
reported and accounted for by Act March 4, 1911, p. 261, { 2, post, § 4480.
The clerks and marshals of the district courts at Nome and Fairbanks,
in Alaska, respectively ex-officio registers and receivers of the land offices
located at Nome and Fairbanks, were allowed, in addition to their compensa-
tion as clerks or marshals, to receive all the fees and commissions allowed
by law for their services as registers and receivers, but required to pay all
such fees in excess of $1,500 by either of such officials into the Treasury of
the United States, by Act March 2, 1907, c. 2537, § 3, post, S 4521.

§ 4477. (R. S. § 2241.) Excess of compensation to be paid in
Treasury.

Whenever the amount of compensation received at any land-office
exceeds the maximum allowed by law to any register or receiver, the
excess shall be paid into the Treasury, as other public moneys.

Act March 3, 1853, c. 97, { 1, 10 Stat. 204. Act Feb. 18, 1861, c 38, §|
1, 3, 12 Stat. 131.
See note to R. S. { 2240, ante, f 4476.

§ 4478. (Act March 3, 1883, c. 101, § 2.) Plats of townships and
lists of lands sold to be furnished ; compensation therefor.
Registers and receivers shall, upon application, furnish plats or
diagrams of townships in their respective districts showing what

(1835)



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§ 4478 THE PUBLIC LANDS (Tit 33

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 authorities, furnish, for the pur-
pose of taxation, a list of 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 en-
try. (22 Stat. 484.)

These provisions were part of section 2 of an act entitled "An act in rela-
tion to certain fees allowed registers and receivers,'* cited above.

The remaining portion of this section, omitted here, provided that the sama
received for plats and lists should not be considered in determining the nuxi-
mum of compensation of registers and receivers. It was superseded bj a pro-
vision of Act March 3, 1887, c. 362, post, | 4479. See note to R. >^.
I 2240, ante, f 4476.

Section 1 of this act provided that fees of registers and receivers for takizajc
testimony should not be considered in determining the maximum of their o<>na-
pensation. It also was superseded by the provision of Act March 3, 18S7,
c 362, post, I 4479. See, also, note to R. S. { 2240, ante, { 4476.

§ 4479. (Act March 3, 1887» c. 362.) Excess of fees to be covered
into Treasury.
Hereafter all fees collected by registers or receivers, from an v
source whatever, which would increase their salaries beyond threrc
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. (24 Stat. 526. >

This was a provision of the sundry civil appropriation act for the fiaral
year 1888, cited above. It superseded Act March 3, 1883, c. 101, | 1, and
part of section 2 of that act, ante, I 4478. See notes to H. S. { 2240, ante, §
4476, and said Act March 3, 1883, c. 101, { 2, ante, f 4478.

This section also superseded the provision of Act May 14, 1880, c 89, | 2,
21 Stat 141, that the register need not report fees for notices to contestants
of the cancellation of entries, but that provision was re-enacted by Act July
26, 1802, c 251, amending the former sertion 2 of Act May 24, laSO, cited
above, so as to make it read as set forth post, f 4537. The provision was
again superseded by Act March 4, 1911, c. 261, f 2, post, f 4480, which re-
quired those fees to be covered into the Treasury.

§ 4480. (Act March 4, 1911, c. 261, § 2.) Fees for noticet of can-
cellation of entries hereafter received to be accounted for.
Hereafter all money or fees received or collected by registers of
United States land offices for issuing notices of cancellation of en*
tries shall be reported and accounted for by such registers in the
same manner as other fees or moneys received or collected. (36
Stat. 1352.)

This section was part of an act entitled "An act for the relief of refistera
and former registers of the United States land offices," <Attd above.

The first section of the act authorised and directed the Secretary of the
Treasury to refund to rejnsters and former registers of United States land
offices money earned by them for issuing notices of cancellation of entries
subsequent to July 26, 1802, which money they were erroneously required

(1836)



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Ch. 2) THE PUBLIC LANDS § 4483

to deposit in the United States Treasury, contrary to the provisions of the
act approved July 26, 1892. The section is omitted, as temporary merely.

Act July 26, 1892, c. 251, amended Act May 24, 1880, c. 89, § 2, so as to
make it read as set forth post, § 4537. Act May 24, 1880, c. 89, § 2, as
originally enacted, provided, in the same terms as the amended section, that
the register need not report the fees for giving to contestants notice of the
cancellation of entries. This provision was superseded by Act March 3, 1887,
c. 362, ante, f 4479, but was re-enacted by the amending act of July 26,
1892, c. 251, post, § 4537. It was again superseded by this section.

See, also, notes to B. S. | 2240, ante, f 4476, and to Act March 3, 1887,
c. 362, ante, § 4479.

Appropriations for contingent expenses of land offices, including clerk hire,
rent, and incidental expenses, are made in the annual sundry civil appropria-
tion acts. The provisions for the fiscal year 1914 were by Act June 23,
1913, c. 3, § 1, 38 Stat. 45.

Such appropriations for recent years are accompanied by a restriction on
incurring expenses chargeable to the Government, which in 8§iid Act June
23, 1913, c. 3, f 1, was as follows:

"No expenses chargeable to the (Jovemment 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."

§ 4481. (Act March 2, 1907, c. 2563.) Reimbursement of sums
disbursed by receivers as special disbursing agents.
The Secretary of the Treasury be, and he is hereby, authorized .
and directed to pay, out of any unexpended balances of appropria-
tions for contingent expenses of land offices, for the expenses of
hearings in land entries and the expenses of depositing public
moneys, such sums as may have been or may hereafter be dis-
bursed by receivers of public moneys, acting as special disbursing
agents at United States land offices, before the receipt of Government
funds: Provided, That no payment shall be made under this Act in
excess of the amount appropriated by the Congress for the particular
purpose in each instance .and for the fiscal year in which such dis-
bursements were made: Provided, That all such disbursements shall
have been or shall hereafter be made in pursuance of law in carrying
out departmental regulations or to meet authorizations by the Commis-
sioner of the General Land Office: Provided further, That the ac-
counts containing such items shall have been duly approved by the
Commissioner of the General Land Office. (34 Stat. 1245.)

This was an act entitled "An act authorizing and directing' the Secretary
of the Treasury, in certain contingencies, to refund to receivers of public
moneys acting as special disbursing agents amounts paid by them out of
their private funds."

§ 4482. (R. S. § 2242.) Illegal fees; penalty.

No register or receiver shall receive any compensation out of
the Treasury for past services who has charged or received illegal
fees ; and, on satisfactory proof that either of such officers has charg-
ed or received fees or other rewards not authorized by law, he shall
be forthwith removed from office.

Act March 22, 1852, c. 19, f 3, 10 Stat 4. Act July 17, 1854, c. 84, f 6, 10
Stat. 306.

§ 4483. (R. S. § 2243.) Compensation of registers and receivers,
when to commence.
The compensation of registers and receivers, both for salary and

(1837)



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§ 4483 THB PUBLIC LANDS (Tit 82

commissions, shall commence and be calculated from the time they,
respectively, enter on the discharge of their duties.

Act Feb. 24, 1855, c 124, f 8, 10 Stat 615.
§ 4484. (R. S. § 2244.) Duration of office of registers and receivers.
All registers and receivers shall be appointed for the term of four
years, but shall be removable at pleasure.

Act May 15, 1820, c 102, I 1, 8 Stat 582.

§ 4485. (R S. § 2245.) Monthly and quarterly returns of receivers.
The receivers shall make to the Secretary of 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 Commissioner of the General Land-Office like monthly re-
turns, and transmit to him quarterly accounts-current of the debits
and credits of their several offices with the United States.
Act July 4, 1836, c 852, I 9, 5 Sut 111.

Receivers were authorised to deposit to the credit of the Treasurer of the
United States unearned fees and unofficial moneys carried on the books ol
their offices for 4^« years or more, and moneys deposited by unknown parties,
and repayment of such moneys was provided for, by Act March 2, 1907, c
2562, post, 11 4487-4490.

The repayment of purchase moneys, etc., paid under the land laws on
applications afterward rejected, and of excess pasrments under the land laws,
was provided for by Act March 26, 1908, c 102, post, U 4491-4493.

§ 4486. (Act March 2, 1895, c. 177, § 3.) Reports and returns by
registers and receivers, not to be duplicated.
The duplication of reports and returns of registers and receivers
to the General Land Office shall be prevented by such regulations
as the Commissioner of the General Land Office, with the approval
of the Secretary of the Interior, may make. (28 Stat. 807.)

Other provisions of this section relatinf to the engrossinf and recordins
of patents are set forth ante, | 707.

§ 4487. (Act March 2, 1907, c. 2562, § 1.) Deposit in Treasury by
receivers of imeamed fees and unofficial moneys carried on
their books f qr five years or more.
The receivers of public moneys for land districts are hereby au-
thorized, 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 car-
ried 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 "Outstanding liabilities." (34 Stat. 1245.)

This section and the three sections next following were an act entitled "Aa
act to authorise the receivers of public moneys for land districts to deposit
with the treasurer of the United States certain snms embraced in their ae-
coants of unearned fees and unofficial moneys."

§ 4488. (Act March 2, 1907, c 2562, § 2.) Lists to be furnished
with deposits.
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

(1838)



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Ch. 2) THE PUBLIC LANDS § 4491

his predecessor ; the names and residences of the parties ; the purposes
of the payments and the amounts thereof, which hst shall bear the cer-
tificate 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. (34 Stat. 1245.)

§ 4489. (Act March 2, 1907, c. 2562, § 3.) Deposit of moneys de-
posited by unknown parties.
Amounts that appear in a receiver's accounts as "Moneys de-
posited by unknown parties" shall 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. (34 Stat.
1245.)

§ 4490. (Act March 2, 1907, c. 2562, § 4.) Repayment of moneys
deposited in Treasury; limitation; payment by homestead
entryman on making cash entry.
Any person or persons who shall have made payment to a re-
ceiver, 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 pa)rment 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 author-
ized 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 be required to make payment of
the purchase money on 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.
(34 Stat. 1245.)

§ 4491. (Act March 26, 1908, c. 102, § 1.) Repayment of purchase
moneys, etc., paid under applications, etc., afterward rejected.
Where purchase moneys and commissions paid under any public
land law have been or shall hereafter be covered into the Treasury
of the United States 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 appli-
cation, 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. (35 Stat. 48.)

This section and the two sections next following were an act entitied "An
act to provide for the repayment of certain commissions, excess payments, and
purchase moneys paid under the public laws."

(1839)



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§ 4492 THE PUBLIC LANDS (1*11.32

§ 4492. (Act March 26, 1908, c 102, § 2.) Repayment of «3tcm

payments.
In all cases where it shall appear to the satisfaction of th^ Sec-
retary of the Interior that any person has heretofore or shall Vicrc-
after make any payments to the United States under the i>ublic
land laws in excess of the amount he was lawfully required to f>sk.y un-
der such laws, such excess shall be repaid to such person or to hi ^ legal
representatives. (35 Stat. 48.)

A provision for repayment to homestead entrymen of excess paymeim^a vu
made by Act March 2, 1907, c 2568, post, { 4542.

§ 4493. (Act March 26, 1908, c. 102, § 3.) Certification of ai=Kmount
of excess moneys, purchase moneys, eta, and repayment*
When the Commissioner of the General Land Office shsa. 11 as-
certain the amount of any excess moneys, purchase moneys s, or
commissions in any case where repayment is authorized by thi» stat-
ute, the Secretary of the Interior shall at once certify such an-»<z>unts
to the Secretary of the Treasury, who is hereby authorized and di^^^ctcd
to make repayment of all amounts so certified out of any moneys ^ not
otherwise appropriated and issue his warrant in settlement th ^ ^eof.
(35 Stat. 48.)

§ 4494. (R. S. § 2246.) Oaths administered by registers am ^3 re-
ceivers.
The register or receiver is authorized, and it shall be their <:Iuty,
to administer any oath required by law or the instructions of ^^«
General Land-Office, in connection with the entry or purchase o£ any
tract of the public lands ; but he shall not charge or receive, dir- <rctijr
or indirectly, any compensation for administering such oath.
Act June 12, 1840, c. 35, 5 Stat. 384.

The compulsory attendance of witnesses before registers and receiTerv ^
all matters requiring a hearing before tbero, and the taking of testimonj^ mo^
of depositions for such hearings, were provided for by Act Jan. 31, 1903, ^
344, post, If 4490-4503.

§ 4495. (R. S. § 2247.) Penalty for false information by register-

If any person applies to any register to enter any land whatever*
and the register knowingly and falsely informs the person so apply
ing that the same has already been entered, and refuses to permit th^
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 recovered
by action of debt in any court of record having jurisdiction of the
amount.

Act July 4, 1836, c. 352. { 13, 6 Stot 112.

§ 4496. (Act Oct. 1, 1890, a 1269, § 2.) Vacancy in office of reg-
ister or receiver; taking final proofs.
Hereafter, when a vacancy shall occur in any of the land of-
fices of the United States by reason of the death, resignation, or
removal of either the register or receiver, and the time set for
taking final proof falls within the vacancy thus caused, the remaining*
officer may proceed to take said final proofs, in the absence of any
contest or protest, reduce the same to writing, and place it on fij^
(1840)



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Ch. 2) THE PUBLIC LANDS § 4499

in the office to be considered and passed upon when the vacancy is
filled. (26 Stat. 657.)

This section was part of an act entitled "An act for the relief of certain
settlers on the public lands of the United States and to authorize the taking
and filing of final proofs in certain cases," cited above.

Section 1 of the act, relating to pending causes, is omitted, as temporary
merely.

§ 4497. (Act Jan. 11, 1894, c. 10, § 1.) Disqualification of register
or receiver.

No register or receiver shall receive evidence in, hear or de-
termine any cause pending in any district land office in which
cause he is interested directly or indirectly, or has been of counsel,
or where he is related to any of the parties in interest by con-
sanguinity or affinity within the fourth degree, computing by the
rules adopted by the common law. (28 Stat. 26.)

This section and the section next following were an act entitled "An act
relating to the disqualification of registers and receivers of United States
land offices, and making provision in case of such disqualification."

§ 4498. (Act Jan. 11, 1894, c. 10, § 2.) Designation of officer to
act in place of disqualified register or receiver.
It shall be the duty of every register or 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 be-
fore the hearing of such cause, who thereupon, with the approval
of the Secretary of the Interior, shall designate some other reg-
ister, receiver, or special agent of the Land Department to act in
the place of the disqualified officer, and the same authority is con-
ferred on the officer so designated which such register or receiver
would otherwise have possessed to act in such case. (28 Stat. 26.)

§ 4499. (Act Jan. 31, 1903, c. 344, § 1.) Subpoenas for attendance
of witnesses before registers and receivers.

Registers and receivers of the land office, or either of them,
in all matters requiring a hearing before them, are authorized and
empowered to issue subpoenas directing the attendance of wit-
nesses, which subpoenas may be served by any person by de-
livering a true copy thereof to such witness, and when served, wit-
nesses shall be required to attend in obedience. thereto: Provided,
That if any subpoena be served under the provisions of this Act by
any person other than an officer authorized by the laws of the United
States, or of the State or Territory in which the depositions are taken,
the service thereof shall be proved by the affidavit of the person serv-
ing the same : Provided further, That said subpoenas shall be served
within the county in which attendance is required, and at least five
days before attendance is required. (32 Stat. 790.)

rhis section and the four sections next following were an act entitled

"An act providing for the compulsory attendance of witnesses before registers

and receivers of the land office."
Authority to administer oaths was given to registers and receivers by R. S.

I 2246, ante, § 4494.
Subpoenas for taking depositions of witnesses residing outside the county

were provided for by section 4 of this act, post, { 4502.

Comp.St.'13-116 .(1^1)



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§ 4500 THB PUBUC LANDS CTit32

§ 4500. (Act Jan- 31, 1903. c 344, § 2.) Witnesses' fees.

Witnesses shall have the right to receive their fee for one day's
attendance and mileage in advance. The fees and mileage of wit-
nesses shall be the same as that provided bv law in the district
courts of the United States in the district in which such land offices
are situated ; and the witness shall be entitled to receive his fee for
attendance in advance from day to day during the hearing-. (32
Stat. 790.)

Witneuet* fees in the courts of the United States were prescribed by R.
S. I 848, and subsequent provisions, ante, U 1452-1456.

§ 4501. (Act Jan. 31, 1903, c. 344, § 3.) Disobedience to subpcuu,
punishable.

Any person willfully neglecting or refusing obedience to such
subpoena, or neglecting or refusing to appear and testify -when
subpoenaed, his fees havine been paid if demanded, shall be deemed
guilty of a misdemeanor, Tor which he shall be punished by indict-
ment in the district court of the United States or in the district courts
of the Territories exercising the jurisdiction of circuit or district
coiu-ts of the United States. The punishment for such oflfense, upon
conviction, shall be a fine of not more than two hundred dollars, or
imprisonment not to exceed ninety days, or both, at the discretion
of the court : Provided, That if such witness has been prevented from
obeying such subpoena without fault upon his part he shall xiot be
punished under the provisions of this Act. (32 Stat. 790.)

Witnesses under subpcenas for taking depositions are subject to tli« nme

penalties, by the provisions of the next following section of this ac;^ post,

I 4502.

§ 4502. (Act Jan. 31, 1903, c. 344, § 4.) Depositions of witneaici
residing outside the county.

Whenever the witness resides outside the county in which the
hearing occurs any party to the proceeding may take the testi-
mony of such witness in the county of such witness's residence in
the form of depositions by giving ten days' written notice of the time
and place of taking such depositions to the opposite party or parties.
The depositions may be taken before any United States commiss-ioner,
notary public, judge or clerk of a court of record. Subpoenas for
witnesses before the officer taking depositions may issue froni the
office of the register or receiver, or may be issued by the officer tak-
ing the depositions, and disobedience thereof, as defined in this Act,
shall also be punished ; and the witness shall receive the same fees
and mileage and be subject to the same penalties in all respects as in
case of violation of a subpoena to appear before the register or re-
ceiver, and subject to the same limitations. The fees of the officer
taking the depositions shall be the same as those allowed in the State



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 86 of 150)