EXCESS REPAYMENTS.

25. Where the amount of the deposit is greater than the cost of the survey, including field and office work, the excess is repayable upon an account to be stated by the surveyor-general.

26. The surveyor-general will in all cases be careful to express upon the register's township plat the amount deposited by each individual, the cost of survey in the field and office work, and the amount to be refunded in each case.

27. Before transmitting accounts for refunding excesses the surveyorgeneral will indorse on the back of the triplicate certificate the following: 668- refunded to by account transmitted to the General " and will state in the account that

Land Office with letter dated he has made such indorsement. Where the whole amount deposited is to be refunded the surveyor-general will require the depositor to surrender the triplicate certificate, and will transmit it to this office with the account.

28. No provision of law exists for refunding to other than the depositor, nor otherwise than as referred to in the preceding sections.

ASSIGNMENTS.

29. Certificates "may be assigned by indorsement." The indorsement required is that the person in whose name the deposit is made shall write his name on the back of the triplicate certificate.

30. When there are several parties to or assignees of one certificate the register and receiver will make the proper indorsement on the triplicate certificate, showing the satisfaction of the pro rata share of each party interested. They will make the same notes on the register's certificate of purchase and the receiver's original and duplicate receipts. 31. When the entire amount of a certificate is not satisfied at the same time, the triplicate should be retained by the receiver until satisfied. But such certificate should as far as practicable be satisfied during the current quarter.

32. Certificates are not receivable in payment of fees and commis sions chargeable by registers and receivers under section 2238, Revised Statutes of the United States.

REGISTERS' AND RECEIVERS' RETURNS.

33. In their monthly cash abstracts the register and receiver will designate the entries in which certificates of deposit are used and the balance paid in cash, if any, noting on the certificates of purchase and receipt the manner of payment. The receiver in his monthly account current will debit the United States with the amount of such certificates, and in his quarterly accounts will specify each entry with these certificates, giving number, date, amount for which received, by whom and with whom the deposit was made, and debit the United States with the same.

34. The receiver must write across the face of each accepted certificate the date of its receipt in payment of land, the number of the entry, and description of the tracts sold.

35. Certificates received in payment for lands sold must be forwarded once a month to this office, with letter of transmittal and abstract. (Form 4-543.)

36. Surveyors-general are directed to instruct their deputies that they must designate in the field notes and plats of their surveys the location.

of each and every settlement within a township surveyed, whether permanent in character or not, together with the names of such settlers and their improvements, if any.

37. When no settlers are found in a township the field notes of survey must expressly so state, and an omission to describe the settlements and improvements, or the absence of one or both in the field notes and plat, will be deemed a sufficient cause to infer fraud, and the accounts of the deputy will be suspended until such omission shall have been supplied. A suspension of the commission of the deputy will in the meantime take place, and all the facts will be reported to this office for consideration and action.

38. In every case of a contract heretofore or hereafter approved which the surveyor-general lias reason to believe was fraudulently procured, such contracts and the accounts thereunder must be immediately suspended and the facts reported to this office.

CERTIFICATES ISSUED PRIOR TO AUGUST 20, 1894.

39. Receivers of public moneys in accepting in payment for public lands certificates issued for deposits made under the provisions of section 2401 (prior to the amendments of said section by the act of August 20, 1894) are guided by the following instructions:

40. The triplicate certificates representing such deposits are receivable from the settlers making the deposits in part payment for their lands entered under the preemption and homestead laws and situated in the township the surveying of which was paid for out of such deposits.

41. The said triplicate certificates may be assigned by indorsements and when so assigned be received in payment for lands "entered by settlers under the preemption and homestead laws" of the United States in accordance with the provisions contained in the following paragraphs.

42. Triplicate certificates issued prior to the act of March 3, 1879, can be used only in payment for lands situated in the township, the surveying of which was paid for out of such deposits.

43. Triplicate certificates issued subsequent to the act of March 3, 1879, and prior to the act of August 7, 1882, can be used in payment for lands in any land district.

44. Triplicate certificates issued on and after August 7, 1882, and prior to August 20, 1894, can be used in payment for lands only in the land district in which the surveyed township is situated, except when issued for additional deposits upon contracts entered into prior to August 7, 1882.

45. Triplicate certificates issued subsequent to the act of August 20, 1894, for additional deposits to cover costs of surveys under contracts entered into prior to August 20, 1894, can be used only in payment for lands "entered by settlers under the preemption and homestead laws" of the United States and in conformity to existing law at the date such contract was made.

COAL CLAIMANTS' APPLICATIONS.

In addition to the rights of settlers, referred to in the foregoing portions of this circular, sections 2401, 2402, and 2403, United States Revised Statutes, as amended by the act of August 20, 1894, embrace provisions in favor of "persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof."

The coal-land laws contained in sections 2347 to 2352, United States Revised Statutes provide methods by which persons properly qualified may become lawfully possessed of coal lands even before the survey of the lands, and be entitled to enter the same after survey. For particular information in regard thereto reference is made to departmental circular of July 31, 1882, entitled, Coal Land Laws and Regulations Thereunder. Such parties, in cases where the tracts of which they are lawfully possessed are still unsurveyed, may, under said sections 2401, 2402, and 2403, as amended by act of August 20, 1894, apply to the surveyor-general for the surveying district in which the lands are included for a survey of the township or townships including the land, according to the provisions of said sections. Such an application must be accompanied by the affidavit of the applicant or applicants substantially as prescribed for declaratory statements on page 7 of the said circular of July 31, 1882, corroborated by the testimony of two or more witnesses, in which the qualifications of the applicants, the character and location of the land, indicating the township or townships in which it is included as nearly as practicable, and other essential facts must be so set forth as to satisfy the surveyor-general that the case comes properly within the provisions of the law as above given. He will thereupon, if he approves the application, transmit the same to this office, with the required proofs and his report. Subsequent proceedings will be governed by the regulations as hereinbefore given under the head of "Settlers' applications."

OWNERS' OR GRANTEES' APPLICATIONS.

The same rights accorded to settlers and to persons and associations lawfully possessed of coal lands, and otherwise qualified to make entry thereof, are extended also to "the owners or grantees of public lands of the United States under any law thereof," and substantially the same instructions will apply to the last-mentioned class of cases as those above expressed with regard to the other classes of cases. The applicants must produce with their applications proof of their ownership of the land, to consist of their own affidavits, corroborated by witnesses, and such other proof as may be available to satisfy the surveyor-general of the essential facts, including a showing of the location of the land, in what township or townships situated, as nearly as practicable, the statute making the grant, or other source of title, as well as the identity of the applicants, with the true owners or grantees. The surveyor-general, if he approve the application, will transmit the same to this office with the proofs and his report as provided for in the other classes of cases. In regard to subsequent proceedings, the instructions given under the head of "Settlers' applications" will generally apply.

REGULATIONS GOVERNING THE RECOGNITION OF AGENTS AND ATTORNEYS BEFORE DISTRICT LAND OFFICERS.

1. An attorney at law who desires to represent claimants or contestants before a district land office must file a certificate, under the seal of a United States, State, or Territorial court for the judicial district in which he resides or the local land office is situated, that he is an attorney in good standing.

2. Any person (not an attorney at law) who desires to appear as an agent for claimants or contestants before a district land office must file a certificate from a judge of a United States court, or of a State or Ter

ritorial court having common law jurisdiction, except probate courts, in the county wherein he resides or the local office is situated, duly authenticated under the seal of the court, that such person is of good moral character and in good repute, possessed of the necessary qualifications to enable him to render clients valuable service, and otherwise competent to advise and assist them in the presentation of their claims or contests.

3. The oath of allegiance required by section 3478 of the United States Revised Statutes must also be filed by applicants. In case of a firm, the names of the individuals composing the firm must be given, and a certificate and oath as to each member of the firm will be required.

4. An applicant to practice under the above regulations must address a letter to the register and receiver, inclosing the certificate and oath above required, in which letter his full name and post-office address must be given. He must state whether or not he has ever been recognized as an attorney or agent before this Department or any bureau thereof, or any of the local land offices, and if so, whether he has ever been suspended or disbarred from practice. He must also state whether he holds any office under the Government of the United States.

After an application to practice has been filed in due form, the regis ter and receiver will recognize the applicant as an attorney or agent, as the case may be, unless they have good reason to believe that the person making the application is unfit to practice before their offices, or unless otherwise instructed by the Commissioner or Secretary.

Registers and receivers must keep a record of the names and resi dences of all attorneys and agents recognized as entitled to represent clients in their several offices.

Every attorney must, either at the time of entering his appearance for a claimant or contestant or within thirty days thereafter, file the written authority for such appearance, signed by said claimant or contestant, and setting forth his or her present residence, occupation, and post-office address. Upon a failure to file such written authority within the time limited, it is the duty of the register and receiver to no longer recognize him as attorney in the case.

An attorney in fact will be required to file a power of attorney of his principal, duly executed, specifying the power granted and stating the party's present residence, occupation, and post-office address.

When the appearance is for a person other than a claimant or contestant of record the attorney or agent will be required to state the name of the person for whom he appears, his post-office address, the character and extent of his interest in the matter involved, and when and from what source it was acquired. Authorizations and powers signed or executed in blank will not be recognized.

If any attorney or agent shall knowingly commit any of the following acts, viz: Represent fictitious or fraudulent entrymen; prosecute collusive contests; speculate in relinquishments of entries; assist in procuring illegal or fraudulent entries or filings; represent himself as the attorney or agent of entrymen when he is only attorney or agent for a transferee or mortgagee; conceal the name or interest of his client; give pernicious advice to parties seeking to obtain title to public land; attempt to prevent a qualified person from settling upon, entering, or filing for a tract of public land properly subject to such entry or filing, or be otherwise guilty of dishonest or unprofessional conduct, or who, in connection with business pending in local land offices or in this Department, shall knowingly employ as subagent, clerk, or correspondent a person who has been guilty of any one of these acts, or who has been prohibited

from practicing before the register and receiver or this Department, it will be sufficient reason for his disbarment from practice, and registers and receivers are authorized to refuse to further recognize any person as agent or attorney who shall be known to them or be proven before them to be guilty of improper and unprofessional conduct as above stated.

An attorney or agent who has been admitted to practice in any particular land district may be enrolled and authorized to practice in any other district upon filing with the register and receiver of such district a certificate of the register or receiver before whom he was admitted to practice that he is an attorney or agent in good standing.

Any unprofessional conduct on the part of an attorney or agent should be reported to the Commissioner at once, together with the action of the local land officers in the premises.

Appeals from the action of the register and receiver in refusing to admit to practice or in refusing to further recognize an agent or attorney will lie to the Commissioner and Secretary, as in other appealable cases. (Circular approved March 19, 1887, 5 L. D., 508.)

REPAYMENTS.

Section 2362 of the Revised Statutes (Appendix No. 1, p. 141) provides for repayment to the purchaser, or his legal representatives or assignees, upon proof "that any tract of land has been erroneously sold by the United States, so that from any cause the sale can not be confirmed."

Section 2 of the act of June 16, 1880 (21 Stat. L., 287; Appendix No. 21, p. 161), provides that "in all cases where homestead, or timber-culture, or desert-land entries, or other entries of public lands have been heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneously allowed and can not be confirmed," the amount of purchase money, fees, and commissions may be repaid. ·

DEFINITION OF "ERRONEOUSLY ALLOWED."

This can not be given an interpretation of such latitude as would countenance fraud. If the records of the Land Office, or the proofs furnished, should show that the entry ought not to be permitted, and yet it were permitted, then it would be "erroneously allowed." But if a tract of land were subject to entry, and the proofs showed a compliance with law, and the entry should be canceled because the proofs were shown to be false, it could not be held that the entry was erroneously allowed;" and in such case repayment would not be authorized.

APPLICATION FOR REPAYMENT OF PURCHASE MONEY.

66

In applications for repayment where patent has not issued, the duplicate receipt must be surrendered. The applicant must make affidavit that he has not transferred or otherwise incumbered the title to the land and that the same has not become a matter of record. This affidavit may be made before either the register or receiver of the district land office, or before any officer authorized to administer oaths. When made before a notary public or justice of the peace, a certificate of official character is required.

Where the duplicate receipt has been lost or destroyed, a certificate will also be required from the proper recording officer, showing that the 6145-7