All fees collected by registers and receivers, from any source whatever, which would increase their salaries beyond $3,000 each a year, shall be covered into the Treasury, except only so much as may be necessary to pay actual cost of clerical services employed exclusively in contested cases, and they shall report quarterly under oath, of all expenditures for such clerical services, with vouchers therefor. (Act August 4, 1886, 24 Stat. L., 239, Appendix No. 29, p. 165; repeated in act March 3, 1887, 24 Stat. L., 526.)

MONTHLY REPORTS.

Within three days from the close of each month the register and receiver must make out and transmit to the General Land Office a statement of the business of their respective offices for the preceding month.

These reports are in the form of abstracts of preemption declarations and of soldiers' declarations filed, abstracts of lauds sold, abstracts of homesteads entered, abstracts of timber-culture entries allowed, abstracts of military bounty-land warrants and of agricultural college scrip located, accompanied by the certificates of purchase, receivers' receipts, homestead and timber-culture applications and affidavits, military bounty-land warrants and agricultural college scrip surrendered as satisfied, and the certificates of location thereof; also of all other forms of entry or location requiring separate returns. Names of parties must be clearly and legibly written in these papers to correspond with the signature to every application; and when spelled in two or more ways, or illegibly written by the person signing, the register must ascertain by proper inquiry the correct orthography and certify to the same upon the margin of the certificate.

The abstracts, after being carefully examined by the register and receiver, are to be certified by them as correct and as in conformity with the papers in the entries or locations embraced therein and with their records, which papers, abstracts, and records must agree with each other.

MONTHLY AND QUARTERLY STATEMENT OF ACCOUNTS.

The receiver is required to render promptly, to the Commissioner of the General Land Office and to the Secretary of the Treasury, a monthly account of all moneys received, showing the balance due the Govern ment at the close of each month; and at the end of every quarter he must also transmit a quarterly account. (Sec. 2245, Rev. Stat.; Appendix No. 1, p. 128.)

He is required to deposit the moneys received by him at some depository designated by the Secretary of the Treasury, when the amount on hand shall have reached the sum of $1,000; and in no case is he authorized, without special instructions, to hold a larger amount in his hands.

Laws and instructions relating to mining claims, bounty lands, railroad adjustments, town sites, timber depredations, and other special matters form the subject of separate circulars.

Approved:

S. W. LAMOREUX, Commissioner of the General Land Office.

HOKE SMITH, Secretary.

SEC. 441. The Secretary of the Interior is charged with the supervision of public business relating to the following subjects:

First. The Census; when directed by law.
Second. The public lands, including mines.

Third. The Indians.

Fourth. Pensions and bounty lands.

Fifth. Patents for inventions.

Sixth. The custody and distribution of publications.
Seventh. Education.

Eighth. Government Hospital for the Insane.

Ninth. Columbia Asylum for the Deaf and Dumb.

*

Duties of Secretary. 5, 6, 7, 8, 9, v. 9, p. 395.

3 Mar., 1849, c. 108, ss. 3,

8 July, 1870, c. 230, s. 1, v. 16, p. 198.

5 Feb., 1859, c. 22. s. 1, v. 11, p. 379.

20 July, 1868, c. 176, s. 1, v. 15, pp. 92, 106.

Maguire v. Tyler, 1 BBI., 195.

COMMISSIONER OF THE GENERAL LAND OFFICE.

Duties of Commissioner. 25 April, 1812, c. 68, s. 1, v. 4 July, 1836, c. 352, s. 1, v.

SEC. 453. The Commissioner of the General Land Office shall perform, under the direction of the Secre- 2,716, tary of the Interior, all executive duties appertaining 5, p. 107. to the surveying and sale of the public lands of the United States, or in anywise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all agents [grants] of land under the authority of the Government.

EXEMPLIFICATIONS OF PATENTS, RECORDS, BOOKS, OR PAPERS.

SEC. 461. All exemplifications of patents, or papers on file or of record in the General Land Office, which may be required by parties interested, shall be furnished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and two dollars for copies of township plats or diagrams, with an additional sum of one dollar for the Commissioner's certificate of verification with the General Land Office seal; and one of the employés of the Office shall be designated by the Commissioner as the receiving clerk, and the amounts so received shall, under the direction of the Commissioner, be

125

paid into the Treasury; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. (See secs. 891, 2469, and 2470.)

SEC. 891. Copies of any records, books, or papers in the General Land Office, authenticated by the seal and certified by the Commissioner thereof, or, when his office is vacant, by the principal clerk, shall be evidence equally with the originals thereof. And literal exemplifications of any such records shall be held, when so introduced in evidence, to be of the same validity as if the names of the officers signing and countersigning the same had been fully inserted in such record. (See secs. 461, 2469, and 2470.)

and receivers.

land districts.

REGISTERS AND RECEIVERS.

Appointment of registers SEC. 2234. There shall be appointed by the President, See all acts establishing 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.

receiver.

Residence of register aud SEC. 2235. Every register and receiver shall reside See all acts establishing at the place where the land office for which he is appointed is directed by law to be kept.

land districts.

ceiver.

v. 2, pp. 73. 75. 3 March,

Bond of register and re SEC. 2236. Every register and receiver shall, beforc 10 May, 1800, c. 55, ss., 1, 6, entering on the duties of his office, give bond in the 1858, c. 145, s. 5, v. 10, p. 245. penal sum of ten thousand dollars, with approved security, for the faithful discharge of his trust.

Salaries of register and receiver.

30 May, 1862; c. 86, s. 6, v. 12, p. 409. 20 April, 1818, c. 123, v. 3, p. 466.

SEC. 2237. Every register and receiver shall be allowed an annual salary of five hundred dollars.

SEC. 2238. Registers and receivers, in addition to Fees and commissions of their salaries, shall be allowed each the following fees 4 Sept., 1841, c. 16, s. 12, v. and commissions, namely:

register and receiver.

5, p. 456. 21 Mar., 1864, c.

38, s. 4, v. 13, p. 35.

First. A fee of one dollar for each declaratory statement filed, and for services in acting on pre-emption claims.

20 April, 1818, c. 123, v. 3, p. 466.

21 March, 1864, c. 38, s. 2,

v. 13, p. 35. 20 May, 1862, c.

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 75. 6. 6. v. 12, p. 393, 15 Jul applicant, at the time of entry, of one per centum on 1870, c. 294; s. 25, v. 16, p. 320. 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.

3 March, 1873, c. 277, s. 6, v. 17, p. 606.

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.f

22 March, 1852, c. 19, s. 2, 130, s. 7, v. 12, p. 505.

Fifth. For locating military bounty-land warrants v. 10; p. 4. 2 July, 1862, 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.

*This clause is construed to refer only to receipts from cash sales. It does not apply to fees and commissions. (Circular January 23, 1880.)

The clause was superseded by act of March 13, 1874 (18 Stat., 21), which was in turn superseded by act of June 14, 1878 (20 Stat., 113;.Appendix No. 8), as interpreted by the decision of the First Comptroller (Copp's Land Owner, vol. ix, p. 240).

Dec. 17, 1880, c. 2, v. 21, p.

Sixth. A fee, in donation cases, of two dollars and 30 May, 1862, c. 86, s. 6, v. fifty cents for each final certificate for one hundred and 12, p. 409. sixty acres of land; five dollars for three hundred and 311. twenty acres; and seven dollars and fifty cents for six hundred and forty acres.

Seventh. In the location of lands by States and cor- July, 1864, c. 196, s. 1, v. porations under grants from Congress for railroads and 13, 335.

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 public moneys received by him*].

24 April, 1820, c. 51, s. 5,

3, p. 567. depositing the

10 May, 1872, c. 152, s. 12, p.

Ninth. A fee of five dollars for filing and acting upon, 7, 95. each application for patent or adverse claim filed for mineral lands, to be paid by the respective parties.

21 March, 1864, c. 38, s. 4,

Tenth. Registers and receivers are allowed, jointly, 13, 33, at the rate of fifteen cents per hundred words for testimony reduced by them to writing for claimants, in establishing preemption and homestead rights.

10 May, 1872, c. 152, s. 12,

Eleventh. A like fee as provided in the preceding,.,p. 95. subdivision when such writing is done in the land office, in establishing claims for mineral lands.

21 March, s. v. p. establishing land offices for

ceiver for consolidated land

Twelfth. Registers and receivers in California, Oregon, 13, 38, and several acts Washington, Nevada, Colorado, Idaho, New Mexico, Utah, Wyoming, and MonArizona, Utah, Wyoming, and Montana, are each entí- tana. tled 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- Fees of register and retrict, in addition to the fees now allowed by law, shall offices 18 Feb., 1861, c. 38, ss. 1, 3, be entitled to charge and receive for making transcripts v. 12, p. 131. 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.

registers and receivers.

Maximum of compensation

21 March, 1864, c. 33, s. 6, v 13, p. 36. 20 April, 1818, v. 3, p. 466. 20 May,

1862, c. 75, s. 6, v. 12, p. 393.

SEC. 2240. The compensation of registers and receivers, for 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 pro-rata allowance of such maximum.†

30 May, 1862, c. 86, s. 6, v. 12, p. 409. 1 July, 1864, c. 196, s. 1, v. 13, p. 335. 22 March,

1852, 19. 3, v. 10, p. 4. 2

July, 1862, c. 130, s. 7, v. 12, p. 505. 2 Feb., 1859, c. 19, v. 11, p. 378. 18 Feb., 1861, c. 38, ss. 1, 3, v. 12, p. 131.-U. S. vs. Babbit, 1 Bl., 55. Excess of compensation to be paid into Treasury.

3 March, 1853, c. 97, s. 1, v. 10, p. 204. 18 Feb., 1861, c.

SEC. 2241. 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 38, ss. 1, 3, v. 12, p. 131. paid into the Treasury, as other public moneys.

* Part_in_brackets repealed. Actual expenses only allowed. Act June 16, 1874 (18 Stat., 72). See notes at foot of the preceding page.