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by them to writing for claimants, in establishing pre-emption and homestead rights.
13 Stat. 35; R. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. G. L. O., May 24, 1879.
Eleventh. A like fee as provided in the preceding sub- Ibid. division when such writing is done in the land office, in establishing claims for mineral lands.
17 Stat. 95; R. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. G. L. O., May 24, 1879.
Twelfth. Registers and receivers in California, Oregon, Additional fees, Washington, Nevada, Colorado, Idaho, New Mexico, Ari-States and Terri zona, Utah, Wyoming, and Montana, are each entitled to tories. collect and receive fifty per centum on the fees and commissions provided for in the first, third, and tenth subdivisions of this section.
13 Stat. 36; R. S. 2238. [See, also, the several acts establishing land offices for Utah, Wyoming, and Montana.]
Thirteenth. A fee of one dollar shall be paid to registers for giving notice of cancellation to any person who has contested, paid the land-office fees, and procured the cancellation of any pre-emption, homestead, or timber-culture entry; the said fee to be paid by the contestant, and not to be reported.
Act of May 14, 1880.
Fee for notice of cancellation.
and receiver for
SEC. 138. The register for any consolidated land district, in Fees of register addition to the fees now allowed by law, shall be entitled to consolidated land charge and receive for making transcripts for individuals, offices. 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.
12 Stat. 131; R. S. 2239. Cir. G. L. O., July 19, 1878.
SEC. 139. The compensation of registers and receivers, Maximum of including salary, fees, and commissions, shall in no case ex- registers and receed 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.
3 Stat. 466; 10 id. 4; 11 id. 378; 12 id. 131, 393, 409, 505; 13 id. 36, 335; R. S. 2240. U. S. v. Babbit, 1 Black, 55; same case, 5 Otto, 334. Cir. G. L. O., Feb. 20, 1858; May 1, 1871; June 24, 1875; July 19, 1878; May 24, 1879.
SEC. 140. 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.
10 Stat. 204; 12 id. 131; R. S. 2241.
SEC. 141. 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 charged or received fees or
Excess of compaid in Treasury.
pensation to be
Illegal fees; penalty.
of registers and
other rewards not authorized by law, he shall be forthwith removed from office.
10 Stat. 4, 306; R. S. 2242.
SEC. 142. The compensation of registers and receivers, receivers, when both for salary and commissions, shall commence and be calculated from the time they, respectively, enter on the discharge of their duties.
Monthly and quarterly returns of receivers.
10 Stat. 615; R. S. 2243. U. S. v. Edwards, 1 McLean, C. C. 467. Cir. G. L. O., Feb. 20, 1858; May 1, 1871.
SEC. 143. 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 returns, and transmit to him quarterly accounts-current of the debits and credits of their several offices with the United States.
5 Stat. 111; R. S. 2245. Cir. G. L. O., July 1, 1871; June 24, 1875; July 19, 1878; May 24, 1879. Treasury Cir., July 13, 1871. 1 Lester's L. L. 312, 314.
SEC. 144. The register or receiver is authorized, and it tered by registers shall be their duty, to administer any oath required by law or the instructions of the General Land Office, in connection with the entry or purchase of any tract of the public lands; but he shall not charge or receive, directly or indirectly, any compensation for administering such oath.
Penalty for false information by register.
Deposit of public money.
Where claimant of entry becomes
5 Stat. 384; R. S. 2246.
SEC. 145. If any person applies to any register to enter any land whatever, and the register knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the 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.
5 Stat. 112; R. S. 2247.
SEC. 146. All receivers having public money to pay to the United States may pay the same to any depositary constituted by or in pursuance of law, which may be designated by the Secretary of the Treasury, except that the receiver at San Francisco shall pay over such money to the United States assistant treasurer in that city at the office of said assistant treasurer.
9 Stat. 62; 16 id. 216; 17 id. 435; R. S. 3615, 3616.
SEC. 147. Where bona-fide settlers under the homestead register or re- or pre-emption laws have, subsequent to the date of filing their applications to enter not exceeding one quarter-section of public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office.
17 Stat. 10; R. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647.
148. Surveyor-general may appoint agents 149. Officers, &c., detailed to investigate to examine surveys in the field. frauds may administer oaths.
SEC. 148. When it is incompatible with his other duties Surveyor-genfor a surveyor-general of the United States to personally agents to exameral may appoint inspect the surveying operations of his district while in inesurveys in the progress in the field, he is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses of such person shall be allowed and paid for that service, and five dollars per day during the examination in the field: Provided, That such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyorgeneral, or any person employed in his office at a regular salary, shall be engaged in such special service, he or they shall only receive his necessary expenses in addition to his regular salary.
10 Stat. 248; R. S. 2223.
SEC. 149. Any officer or clerk of any of the executive departments of the government who shall be lawfully detailed to investigate frauds, or attempts to defraud, on the Government, or any irregularity or misconduct of any officer or agent of the United States, shall have power to administer oaths to affidavits taken in the course of any such investigation.
16 Stat. 55, 75; U. S. v. Bailey, 9 Pet. 238.
[The authority to appoint special agents in the administration of the land laws seems to be derived from the annual appropriation bills, and from the general authority incident to the duty of executing the laws.]
Officers detailed to investigate frauds may administer oaths.
PUBLIC SALES AND PRIVATE ENTRIES.
150. Public sale of lands in half quarter- 163. What coins receivable in payment
151. Advertisement of sales.
152. Price of lands $1.25 per acre.
155. Public lands may be offered for sale
156. Duration of sales.
157. Several certificates issued to two or
161. Minimum price, how fixed when
162. Lands in California subject to pri
vate entry and withdrawn, how to
for public lands.
165. Mistakes in patents for lands.
168. Agreement and acts intended to pre-
169. Agreement to pay premiums to purchasers at public sales.
170. Recovery of premiums paid to purchasers at public sales.
171. Discovery of agreements to pay premium, by bill in equity.
172. Limitation of entries by agriculturalcollege scrip.
173. Sale of saline lands.
Public sale of SEC. 150. All the public lands, the sale of which is aulands in half thorized by law, shall, when offered at public sale to the highest bidder, be offered in half quarter-sections.
Price of lands, $1.25 per acre.
3 Stat. 566; R. S. 2353.
SEC. 151. The public lands which are exposed to public sale by order of the President shall be advertised in one newspaper published in the State or Territory where the lands are situated, to be designated by the Secretary of the Interior, for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided.
4 Stat. 702; 19 id. 221, 377; R. S. 2359.
SEC. 152. The price at which the public lands are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highest bidder, who makes payment as provided in the preceding section, shall be the purchaser; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre; and all the public lands which are hereafter offered at public sale, according to law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twentyfive cents an acre, to be paid at the time of making such entry: Provided, That the price to be paid for alternate reserved lands, along the line of railroads within the limits
granted by any act of Congress, shall be two dollars and fifty 'cents per acre.
3 Stat. 566; 19 id. 377; R. S. 2357. Chotard v. Pope, 12 Wheat. 589; Lytle v. Arkansas, 9 How. 328; Irvine v. Marshall, 20 id. 633; Eldred v. Sexton, 19 Wall. 189. Eldred v. Sexton, 30 Wis. 193; Hardwick v. Reardon, 6 Ark. 77. 2 Op. Att. Gen. 186, 200; 3 id. 240, 274, 448; 4 id. 167; 5 id. 476; 7 id. 647. Decisions Sec. Int., March 16, 1870; Nov. 2, 1871; Nov. 20, 1871; Jan. 4, 1872; Sept. 5, 1878. Decisions Com. G. L. O., Aug. 31, 1830; June 21, 1865; Oct. 17, 1867; April 9, 1868; Sept. 12, 1872; Jan. 29, 1873; March 24, 1873; Nov. 27, 1874; Oct. 20, 1876. Cir. G. L. O., Sept. 10, 1849; June 17, 1875.
SEC. 153. Credit shall not be allowed for the purchase No credit on sales of public money on the sale of any of the public lands, but every pur-lands. chaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the land office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase money on any tract, before he enters the same at the land office; and if any person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales.
3 Stat. 566; R. S. 2356. Mathews v. Zane, 7 Wheat. 164; Chotard v. Pope, 12 id. 589; U. S. v. Boyd, 5 How. 49; Lytle v. Arkansas, 9 id. 328; Bell v. Hearne, 19 id. 252; Irvine v. Marshall, 20 id. 558. 2 Op. Att. Gen. 186; 3 id. 150, 448; 5 id. 476. Lott v. Prudhomme, 3 Rob. (La.) 293; Beaumont v. Covington, 6 id. 189; Leblance v. Ludrique, 14 La. Ann. 772; Newport v. Cooper, 10 La. 155; Kirby v. Fogleman, 16 id. 277; Wynn v. Garland, 16 Ark. 440; Witherspoon v. Duncan, 21 id. 240; Hunter v. Hemphill, 6 Mo. 106; Groom . Hill, 9 id. 320; Russell v. Defrance, 39 id. 506; Massey v. Smith, 64 id. 347; Stephenson v. Smith, 7 Nev. 610; Morenhaut v. Wilson, 52 Cal. 226. Decisions Sec. Int., March 8, 1872; Sept. 5, 1878. Decisions Com. G. L. O., Aug. 31, 1830; Sept. 1, 1879. Cir. G. L. O., Sept. 10, 1849; June 17, 1875; Oct. 1, 1878.
$2.50 per acre
SEC. 154. The price of lands now subject to entry which Lands raised to were raised to two dollars and fifty cents per acre, and put prior to January, in market prior to January, eighteen hundred and sixty-one, 1861, reduced to by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre.
Act of June 15, 1880. Cir. G. L. O., July 17, 1880.
may be offered
SEC. 155. Whenever the President is authorized to cause the public lands, in any land district, to be offered for sale, for sale in such he may offer for sale, at first, only a part of the lands con- proportions as tained in such district, and at any subsequent time or times chooses. he may offer for sale in the same manner any other part, or the remainder of the lands contained in the same.
2 Stat. 479; 19 id. 221, 377; R. S. 2358.
SEC. 156. The public sales of lands shall, respectively, be Duration of kept open for two weeks, and no longer, unless otherwise sales. specially provided by law.
3 Stat. 567; R. S. 2360.