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 87 of 150)
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or Territorial courts, and shall be paid by the party taking the
deposition, and an itemized account of the fees shall be made by
the officer taking the depositions and attached to the depositions.
(32 Sut. 790.)

Penalties in case of violation of a subpoena to appear before the renter or

receiver, mentioned in this section, were imposed by the preceding sectiis

of this act, ante, f 4501.

(1842)



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Ch.8)



THE PUBLIC LANDS



4504



§ 4503. (Act Jan. 31, 1903, c. 344, § 5.) Continuing taking of dep-
ositions in behalf of opposite party.
Whenever the taking of any depositions taken in pursuance of
the foregoing provisions of this Act is concluded the opposite party
may proceed at once at his own expense to take depositions in
his own behalf, at the same time and place and before the same
ofBcer : Provided, That he shall, before taking of the depositions in
the first instance is entered upon, give notice to the opposing party,
or any agent or attorney representing him in the taking of said
depositions, of his intention to do so. (32 Stat. 791.)



CHAPTER THREE

Land-Districts — ^Provisions Respecting Particular Dis-
tricts

Sec.

PROVISIONS RBSPBOTING PAR-
TICULAR DISTRICTS

4514. Office of recorder of land titles
in Missouri to be discontinued.

4515. Land-offices in Ohio, Indiana, and
Illinois, and office of recorder
of land titles in Missouri, abol-
ished.

4516. Land-office at Des Moines, Iowa,
abolished; disposition of rec-
ords.

4517. Land-districts and offices in Alas-
ka; registers and receivers.

4518. Land-districts and offices in
Alaska.

4519. Additional land-districts in Alas-
ka.

4520. Additional land-districts in Alas-
ka; clerks of courts to be reg-
isters, and marshals to be re-
ceivers.

4521. Fees and commissions as compen-
sation of officers in additional
districts.

4522. Surveys in additional districts.

§ 4504. (R. S. § 2248.) When land-office may be discontinued by
Secretary of the Interior.
Whenever the quantity of public land remaining unsold in any
land-district is reduced to a number of acres less than one hundred
thousand, it shall be the duty of the Secretary of the Interior to dis-
continue 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.

Act June 12, 1840, c. 36, f 2, 5 Stat 385.

(1843)



Sec

4504. When land-office may be discon-

tinued by Secretary of the In-
terior.

4505. When land-office may be con-

tinued by Secretary of the In-
terior.

4506. When land-offices may be consol-

idated by Secretary of the In-
terior.

4507. When land-office may be annexed

to adjacent district by the Pres-
ident.

4508. Change of location of land-office

by the President.

4509. Discontinuance of land-office by

the President.

4510. Change of boundaries of land-dis-

tricts by the President

4511. Business of original district in

case of change of boundaries.

4512. Allowance of office-rent and clerk-

hire for consolidated land-offices.

4513. Entry of public lands in States

where no land-offices exist



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V



§ 4506 THE PUBLIC LANDS (Tlt^

§ 4505. (EL S. S 2249.) When land-office may be contmued by ^
retary of the Interior.
The Secretary of the Interior may continue any Uind-district to
which is situated the seat of government of any one of the States,
and may continue the land-office m such district, notwithstan<biv%
the quantity of land unsold in such district may not amount to out
hundred thousand acres, when, in his opinion, such continuance Vs
' required by public convenience, or in order to close the land-system
in such State.

Act Sept 4, 1S41, c 16, f 7, 5 Stat 455.

§ 4506. (Act Aug. 5, 1892, c. 380, § 1.) When land-officem may
be consolidated by Secretary of the Interior.

It shall be the duty of the Secretary of the Interior to consolidate
the district land offices where practicable and consistent writh the
public interests. (27 Stat. 368.)

This was a provision of the sundry civil appropriation act for fclB« fiictl
year 1893, cited above.

The Secretary of the Interior was required to consolidate the dlrtt*i<:rt land-
offices so as to bring the total compensation of the refdsters and x-«K^irert
for the fiscal year IStM, within the appropriation made therefor by th^ uundry
civil appropriation act for that year, Act March 3, 1893, c 208, 2^ St*^.
591, which was fixed at $520,000.

§ 4507. (R. S. § 2250.) When land-office may be annexed *o ad-
jacent district by the President.

Whenever the cost of collecting the revenue from the sales ot the

public lands in any land-district is as much as one-third of the ^'hole
amount of revenue collected in such district, it may be law£uil for

the President, if, in his opinion, not incompatible with the public

interest, to discontinue the land-office in such district, and to ^nna
the same to some other adjoining land-district.

Act March 3, 1853, c. 97, f 1, 10 SUt 189, 194.

§ 4508. (R. S. § 2251.) Change of location of land^fficc *>y **
President.
The President is authorized to change the location of the ^^^^
offices in the several land-districts established by law, and to '"^'^
cate the same from time to time at such point in the district ^* "^
deems expedient.

Act March 3, 1853, c. 97, I 1, 10 Stat 204. Act March 3, 1853, c. X-*^ ^^
Stat 244.

§ 4509. (R. S. § 2252.) Discontinuance of land-office by the P<^

ident. .

Upon the recommendation of the Commissioner of the G^*^^

Land-Office, approved by the Secretary of the Interior, the I^^^^^'

dent may order the discontinuance of any land-office and the tr^^**?

of any of its business and archives to any other land-office ^irit^n

the same State or Territory.

Act May 30, 1862, c 86, { 5, 12 Sut 400.

§ 4510. (R. S. § 2253.) Change of boundaries of land-districrC^ ^
the President. .

The President is authorized to change and re-establish the b^:>**^"*
(1844)



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Ch.3) THE PUBLIC LANDS § 4513

aries of land-districts whenever, in his opinion, the public interests
will be subserved thereby, without authority to increase the number
of land-offices or land-districts.

Act June 29, 1870. c. 171, 16 Stat. 171.

The President was authorized to establish additional land-districts when
necessary in executing the provisions of chapter 6 of this Title, which relate
to mineral lands, etc., by R. S. f 2343, post, § 4651.

§ 4511. (R. S. § 2254.) Business of original district in case of

change of boundaries.
In case of the division of existing land-districts by the erection of
new ones, or by a change of boundaries by the President, all business
in such original districts shall be entertained and transacted without
prejudice or change, until the offices in the new districts are duly
opened by public announcement under the direction of the Secretary
of the Interior. All sales or disposals 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.

Act May 31, 1872, c. 241, 17 Stat. 192.

§ 4512. (R. S. § 2255.) Allowance of ofHce-rent and clerk-hire for

consolidated land-offices.
The Secretary of the Interior is authorized to make a reasonable
allowance for office-rent for each consolidated land-office ; and when
satisfied of the necessity therefor, to approve the emplojmient by
the register of one or more clerks, at a reasonable per-diem compen-
sation, for such time as such clerical force is absolutely 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 employment has
been first sanctioned by the Secretary of the Interior.

Act Feb. 18, 1861, c. 38, I 2, 12 Stat 131,

§ 4513. (Act June 19, 1878, c. 329, § 1.) Entry of pubUc lands in
States where no land-offices exist.
Public lands situated in States in which there are no land of-
fices may be entered at the General Land Office, subject to the
provisions of law touching the entry of public lands; and that
the necessary proofs and affidavits required in such cases may be
made before some officer competent to administer oaths, whose offi-
cial character shall be duly certified by the clerk of a court of record.
And moneys received by the Commissioner of the General Land
Office for lands entered. by cash entry shall be covered into the
Treasury. (20 Stat. 201.)

This was a proyision of the legislative, executive, and judicial appropriation
act for the fiscal year 1879, cited above.

This provision was repeated from the similar appropriation act for the
preceding year, Act March 3, 1877, c 102, | 1, 19 Stat. 315.

(1845)



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THE PUBUC LANDS (Tit S2



PROVISIONS RESPECTING PARTICULAR DISTRICTS

(R. S. § 2256. Superseded.)

This section prescribed the boundaries of the 98 land-districts as tbey
existed at the time of the enactment of the Revised Statutes. It also desif-
nated the places at which the land-offices were located at that time. By
virtue of the provisions of IL S. ff 2248-2255, ante, fl 4504-4512, the Pred-
dent and the Secretary of the Interior were authorised, under certain drcufli-
stances, to discontinue, consolidate, annex, or change the boundaries of tb»
various land-districts; and the President was further authorised to chance
the location of the land-offices in the several districts, and to relocats the
same from time to time at places in the districts deemed by him expedient
In pursuance of these sections and the provisions of various subsequent acti,
the boundaries of the land-districts and the locations of the land-offices bavt
been changed from time to time. In some states land-districts and land-oOoes
have been abolished or discontinued altogether; in others the number of
districts has been reducd by consolidation, annexation, or discontinnance ;
in others the number has been increased by the creation of new districts
Where this has occurred the boundaries as established by this section have
necessarily been changed. In a few states only no changes have been made.
The provisions of ' this section being no longer applicable to the present
status, it is accordingly omitted. The Acts of Congress establishing new dis-
tricts subject to change in the same manner are also omitted, for the same
reason. They are, however, noted below. The districts as they now exist
are merely enumerated, and the location of the land-offices therein given,
without attempting to set forth their boundaries.

The land-districts in Ohio, Indiana, and Illinois, established by this secti«)ii,
were abolished by a provision of Act July 31, 1876, c 246, | 1, post, | 4515.
The office of recorder of land titles of the state of Missouri was also abolished
by the same provision.

The land-office at Des Moines, Iowa, was abolished, after February 28, 1910,
by Act Feb. 15, 1910, c 28, post, I 4516.

The acts creating, or authorizing the creation of, new land-districts wert
as follows:

Alaska: Act May 17, 1884. c. 53, I 8, 23 Stat. 26; Act July 24, 1897, c.
14, 1 4, 30 Stat 215; Act May 14, 1898, c. 299, f 12, 30 Stot 414.

Colorado: Act June 20, 1874. c. 341, 18 Stat. 122; Act Aug. 4, 18^, c
895, I 1, 24 Stat. 218; Act Feb. 6, 1890, c. 7, 26 Stat 5.

Idaho: Act Feb. 4, 1879. c. 48, 20 Stat. 282.

Kansas: Act June 20, 1874, c 340, 18 Stat 121 ; Act Blay 24, ISSO. c.
100. 21 Stat 141 ; Act March 3, 1881, c. 146, 21 Stat 508.

Montana: Act June 20, 1874, c. 342, 18 Sut 123; Act April 30. 18S0.
c. 71, 21 Stat 81; Act April 1, 1890, c 60, 26 Stat 33; Joint Res. Auf. 8,
1800, No. 36, 26 Stat 677 ; Act March 2, 1897, c. 355, 29 Stat 602 ; Act
April 28. 1902. c. 595, 32 Stat 171; Act Feb. 5, 1906, c. 83, 34 Stat 11;
Act Feb. 25, 1907, c. 1191, 34 Stat 929; Act Feb. 15. 1910. c 27. 86
Stat 192.

Nebraska: Act June 19. 1882, c 230. 22 Stat 206 ; Act May 8, 1886. c 81.

24 Stat. 20; Act April 16, 1890. c 83, 26 Sut. 55.
Nevada: Act Oct 3. 1913. c. 19, 38 Stat 203.

New Mexico: Act March 3, 1874, c. 43, 18 Stat 18; Act Dec. 18. 1S.SS. c.
6. 25 Stat 637; Act March 1, 1889, c 827, 25 Stat 772; Act March 16, 19U(i,
c 93, 35 Stat 45; Act June 22. 1910, c. 320, 36 Stat 585. ^ ^ _

Oklahoma: Act May 2, 1890, c 182, | 19. 26 Stat 91; Act Jan. 18, 1807.
c 62, I 6. 29 Stat 490; Act March 3, 1901, c. 846, I 8, 31 Stat 1093.

Oregon: Act Jan. 11. 1875, c. 13. 18 Stat 294; Act May 21, 1888, c 297.

25 Stat 152; Act March 15, 1910, c. 97. ^6 Stat 238.

South Dakota: Act May 29, 1908, c 220, | 13, 85 SUt 468; Act Feb.
6, 1909, c. 77, 35 SUt 597.

Utah: Act April 25, 1876, c. 78, 19 SUt 86; Act March 8, 1906, c Itfft
83 Stat 1014.

(1846^



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Ch.8) THE PUBLIC LANDS

Washington: Act Aug. 15, 1876, c. 307, 19 Stot 207; Act June 16, 1880,
c. 242, 21 Stat. 283; Act May 16, 1890, c. 215, 26 Stat 113.

Wyoming : Act Aug. 9, 1876, c. 256, 19 Stat. 126 ; Act March 3, 1887, c.
862, i 1, 24 Stat 509; Act April 23, 1890. c. 153, 26 Stat 61.

Dakota: Act AprU 24, 1874, c. 127, 18 Stat 34; Act Jan. 21, 1880, c. 8, 21
Stat 60; Act March 23, 1882, c. 49, 22 Stat 33; Act March 3, 1883, c. 140,
22 Stat 582; Act Sept. 26, 1890, c. 946, 26 Stat 485.

The President was authorized to create not to exceed two land-districts in
the Indian Territory whenever he deemed it necessary, by Act March 2, 1889,
c. 412, § 15, 25 Stat 1006.

Nearly all of the acts creating, or authorizing the creation of, new districts
contained provisions authorizing the appointment of a register and receiver
for each of the districts so created, designating the location of the land-n^fficcs,
and relating to the transfer of records, etc., from the old offices to the new.
They also in many instances contained repetitions of one or more of sections
2248-2255 of the Revised Statutes, ante, S$ 4504-4512.

The President was authorized and empowered to establish or discontinue
land-districts in Alaska by Act May 14, 1898, c. 299, i 12, post, f 4517.

The number of land-offices in Alaska was reduced to one by Act Feb. 14.
1902, c. 17, § 1, post, I 4518, but that section was superseded by the creation
of the Nome and Fairbanks land-districts by Act March 2, 1907, c. 2537, |
1, post, f 4519.

The Government of the Philippine Islands was authorized to establish land-
districts and to provide for the appointment of the necessary officers wher-
ever they deem the same necessary for the public convenience, by Act July
1, 1902, c 1369, § 52, ante, { 3862.

The existing land districts are as follows:

Alabama : Montgomery.

Alaska: Fairbanks, Juneau, Nome.

Arizona : Phoenix.

Arkansas: Camden, Harrison, Little Rock.

California: Eureka, Independence, Los Angeles, Sacramento, San Francisco,
Susanville, Visalia.

Colorado: Del Norte, Denver, Durango, Glenwood Springs, Hugo, Lamar,
Leadville, Montrose, Pueblo, Sterling.

Florida: Gainesville.

Idaho: Blackfoot, Boise, Coeur d*Alene, Hailey, Lew.iston.

Kansas: Dodge City, Topeka.

Louisiana: Baton Rouge.

Michigan: Marquette. |

Minnesota: Cass Lake, Crookston, Duluth. •

Mississippi: Jackson.

Missouri: Springfield.

Montana: Billings, Bozeman, Glasgow, Great Falls, Havre, Helena, Kalis-
pell, Lewistown, Miles City, Missoula.

Nebraska: Alliance, Broken Bow, Lincoln, North Platte, O'Neill, Valentine.

Nevada: Carson City, Elko.

New Mexico: Clayton, Fort Sumner, Las Cruces, Roswell, Santa F6,
Tucumcari.

North Dakota: Bismarck, Devils Lake, Dickinson, Minot, Williston.

Oklahoma: Guthrie, Woodward.

Oregon: Burns, La Grande, Lakeview, Portland, Roseburg, The Dalles,
Vale.

South Dakota: Bellefourche, Gregory, Lemmon, Pierre, Rapid City, Timber
Lake.

Utah: Salt Lake City, Vernal.

Washington: North Yakima, Olympia, Seattle, Spokane, Vancouver, Walla
Walla, Waterville.

Wisconsin: Wausau.

Wyoming: Buffalo, Cheyenne, Douglas, Evanston, Lander, Sundance.

(1847)



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§ 4614 THE PUBLIC LANDS (Tit, 32

§ 4514. (Act June 6, 1874. c. 223, § 3.) Office of recorder of l^^d
titles in Missouri to be discontinued.
Whenever the Secretary of the Interior shall be of the opinioo
that the public interest no longer requires the continuance of ^jj^
office of recorder of land titles in Missouri, he may close and clis-
continue the same; and all of the records, maps, plats, field-notes,
books, papers, and everything else concerning, pertaining, or \^1
longing to said office of recorder, shall be delivered to the State of
Missouri : Provided, however. That said State shall provide by i^^
for the reception and safe-keeping of said records, maps, plats, field-
notes, books, papers, and everything else belonging to said office of
recorder, as public records, and for the allowance of free access to
the same by the authorities of the United States, for the purpose of
taking extracts therefrom, or making copies thereof, without charge
of any kind: And provided further, That when said office of re-
corder shall be closed and discontinued as aforesaid, the CommLs-
sioner of the General Land-Office shall forever thereafter possess
and exercise all of the powers and authority and perform all the
duties of said recorder. (18 Stat. 62.)

This Becdoii was part of act obviating the necessity of issuing patents for
certain private land claims in the State of Missouri, etc., cited above.
Sections 1 and 2 of the act are set forth post, §f 5009, 5100.
The office of recorder of land titles was abolished by a provision of Act
July 81, 1876, c. 246, post, f 4515.

§ 4515. (Act July 31» 1876» c 246.) Land-offices in Ohio* Inaiaiia,

and Illinois, and office of recorder of land titles in Missouri,

abolished.

The land offices at Chillicothe, Ohio, Indianapolis, Indiana,

Spring^eld, Illinois, and the office of recorder of land-titles of the

State of Missouri, are hereby abolished, from and after the thirtic^^^

day of September next and the Secretary of the Interior is l^ercby

authorized to transfer to the States respectively aforesaid such of the

transcripts, documents, and records of the offices aforesaid as may

not be required for the use of the United States, and as the States

respectively in which said offices are situated may desire to P^^*"

serve. (19 Stat. 121.)

These were provisions of the scmdry civil appropriation act for th^ Bac»\
year 1877, cited above.

See notes to R. S. f 2256, ante, under this sobchapter, as to the lan^l-o^Bcct
abolished by this provision.

§ 4516. (Act Feb. 15, 1910, c. 28.) Land-office at Des BCoto*^
Iowa, abolished; disposition of records.
The land office at Des Moines, Iowa, shall be, and is hereby ^ abol-
ished from and after the twenty-eighth day of February, nir^^*^^
hundred and ten; and the Secretary of the Interior is hcrel>3'' ^^
thorized to transfer to the State of Iowa such of the transcripts, *^*^"
ments, and records of the office as are not required for the use o^ ^J^
United States and as the State may desire to preserve. (36 Stat. 193.)
This was an act entitled "An act to abolish the United Sutes lancS <^^*^
at Des Moines, Iowa." ^^

See note to R. 8. f 2256, ante, under this subchapter, as to the lso<t-«>^B^
abolished by this act

(1848)



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Ch. 3) THE PUBLIC LANDS § 4519

§ 4517. (Act May 14, 1898, c. 299, § 12.) Land-districts and offices
in Alaska; registers suid receivers.-
The President is authorized and empowered, in his discretion,
by Executive order from time to time to establish or discontinue land
districts in the District of Alaska, and to define, modify, or change
the boundaries thereof, and designate or change the location of any
land office therein ; and he is also authorized and empowered to ap-
point, by and with the advice and consent of the Senate, a register
for each land district he may establish and a receiver of public moneys
therefor; and the register and receiver appointed for such district
shall, during their respective terms of office, reside at the place desig-
nated for the land office. The registers and receivers of public
moneys in the land districts of Alaska shall each receive an annual
salary of one thousand five hundred dollars and the fees provided
by law for like officers in the State of Oregon, not to exceed, includ-
ing such salary and fees, a total annual compensation of three thou-
sand dollars for each of said officers. (30 Stat. 414.)

This section was part of an act extending the homestead laws and pro-
viding for right of way for railroads in Alaska, cited above.

This section superseded the previous provisions of Act May 17, 1884, c 63,
I 8, 23 Stat. 26, which created Alaska a land-district, and located a land-
office therefor at Sitka, and of Act July 24, 1897, c 14, | 4, 30 Stat 215,
which authorized the President to divide the Territory into two land-districts,
and also authorized the appointment of a register and receiver for the ad-
ditional district; the surveyor-general to serve in both districts.

The number of land-offices and land-districts in Alaska was reduced to one,
the location to be fixed by the President, by a provision of Act Feb. 14, 1902,
c. 17, i 1, post, § 4518; but two additional land-districts were established
by Act March 2, 1907, c 2537, post, §§ 4519-4522.

§ 4518. (Act Feb. 14, 1902, c. 17, § 1.) Land-districts and offices
• in Alaska.

On and after June first, nineteen hundred and two, the number of
land offices and land districts in the district of Alaska is hereby re-
duced to one, the location of which shaU be fixed by the President.
(32 Stat. 20.)

This was a provisioD of the urgent deficiency appropriation act for the fiscal
year 1902, cited above.

Two additional land districts in Alaska were established by Act March 2,
1907, c. 2537, post, §§ 4519-4522.

§ 4519. (Act March 2, 1907, c. 2537, § 1.) Additional land-districts
in Alaska.
There are hereby created two additional land districts, the bound-
aries of which shall be designated by the President, in the [district]
of Alaska, to be known as the Nome land district and the Fairbanks
land district, with the land offices located, respectively, at Nome, Alas-
ka, and Fairbanks, Alaska. (34 Stat. 1232.)

This section and the three sections next following were parts of an act
entitled "An act to provide for the creation of additional land-districts in
the District of Alaska."

Section 5 of the act provided that the act should be in force from and after
July 1, 1907.

The word "district," Inclosed in brackets in this section, was superseded
by the organization of Alaska as a Territory, by Act Aug. 24, 1912, c 387,
ante, §§ 3528-^544.

(1849)



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§ 4520 THE PUBLIC LANDS C'rit.32

§ 4520. (Act March 2, 1907, c. 2537, § 2.) Additional land-di«tricti
in Alaska; clerks of courts to be registers, and m a rsh a l a to be
receivers.

The clerks of the district courts at Nome and Fairbanks shall
respectively be ex-officio registers of the land offices at Nome and
Fairbanks and the marshals of the said courts at Nome and Fair-
banks shall be ex-oflicio receivers of public moneys for the Nome and
Fairbanks land districts. Said officers shall perform the several duties
of register of the land office and receiver of public moneys for the
land districts with all the powers incident to such offices to the same
extent as now performed by the register of the land office and the
receiver of public moneys at Juneau, Alaska. (34 Stat. 1232.)

§ 4521. (Act March 2, 1907, c. 2537, § 3.) Fees and commiagaions
as compensation of officers in additional districts.
The said officers shall, in addition to their present comi:>^nsa-
tion as clerk or marshal as provided by law, receive all th^ fees
and commissions allowed by law for their services as registers o f land
offices and receivers of public moneys for land districts undc^rx* the
land laws : Provided, That any fees or commissions in excess o < one
thousand five hundred dollars per annum received by either sudi



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 87 of 150)