APPENDIX. [No. 1.] REVISED STATUTES OF THE UNITED STATES. THE SECRETARY OF THE INTERIOR. SEC. 441. The Secretary of the Interior is charged Duties of Secretary. with the supervision of public business relating to the 3 Mar., 1949, c. 108, ss. 3, following subjects: First. The Census; when directed by law. Fourth. Pensions and bounty lands. Fifth. Patents for inventions. Sixth. The custody and distribution of publications. Eighth. Government Hospital for the Insane. * 5, 6, 7, 8, 9, v. 9, p. 395. 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 Bl.,195. COMMISSIONER OF THE GENERAL LAND OFFICE. Duties of Commissioner. 25 Apr., 1812, c. 68, s. 1 v. 2, p. 716. 5, p. 107. SEC. 453. The Commissioner of the General Land Office shall perform, under the direction of the Secretary of the Interior, all executive duties appertaining July, 1836, c. 352, s. 1, v. 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 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 2476.) 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.) REGISTERS AND RECEIVERS. SEC. 2234. There shall be appointed by the President, Appointment of registers by and with the advice and consent of the Senate, a See all acts establishing register of the land office and a receiver of public moneys, for each land district established by law. and receivers. land districts. Residence of register and receiver. See all acts establishing land districts. Bond of register and receiver. SEC. 2235. Every register and receiver shall reside at the place where the land office for which he is appointed is directed by law to be kept. SEC. 2236. Every register and receiver shall, before entering on the duties of his office, give bond in the v. 2, pp. 18, 75. 3 Mar., 1853, penal sum of ten thousand dollars, with approved security, for the faithful discharge of his trust. 10 May, 1800, c. ss. 1, 6, c. 145, s. 5, v. 10, p. 245. Salaries of register and re SEC. 2237. Every register and receiver shall be al30 May, 1862, c. 86, s. 6, v. lowed an annual salary of five hundred dollars. ceiver. 12, p. 409. 20 Apr., 1818, c. 123, v. 3, p. 466. 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. V. 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 Apr. 1818, c. 123, v. 3, p. 466. 21 Mar. 1864, c. 38, s. 2, v. p. 35. 20 May, Second. A commission of one per centum on all moneys received at each receiver's office.1 Third. A commission to be paid by the homestead 15, §. 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 Mar. 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.2 22 Mar. 1852, c. 19, s. 2, v. s. 7, v. 12, p. 505. Fifth. For locating military bounty-land warrants 10, p. 4. 2 July, 1862, c. 130, 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). 311. 30 May, 1862, c. 86, s. 6, v. Dec. 17, 1880, c. 2, v. 21, p. Sixth. A fee, in donation cases, of two dollars and fifty cents for each final certificate for one hundred and 12, p. 409. sixty acres of land; five dollars for three hundred and twenty acres; and seven dollars and fifty cents for six hundred and forty acres. Seventh. In the location of lands by States and cor- 1 July, 1864, c. 196, s. 1, v. porations under grants from Congress for railroads and 13, p. 335. other purposes, (except for agricultural colleges), a fee for each final location of one hundred and sixty acres; the State or corporation making such location. of one dollar to be paid by Eighth. A fee of five dollars per diem for superin- 24 Apr., 1820, c. 51, s. 5, v. tending public-land sales at their respective offices; 3, p. 567. [and to each receiver, mileage in going to and returning from depositing the public moneys received by him ']. Ninth. A fee of five dollars for filing and acting upon 10 May, 1872, c. 152, s. 12, each application for patent or adverse claim filed for v. 17, p. 95. 21 Mar., 1864, c. 38, s. 4, at the rate of fifteen cents per hundred words for testi- v. 13, p. 35. mony reduced by them to writing for claimants, in establishing preemption and homestead rights. Eleventh. A like fee as provided in the preceding subdivision when such writing is done in the land office, in establishing claims for mineral lands. 10 May, 1872, c. 152, s. 12, v. 17, p. 95. 21 Mar., 1864, c. 38, s. 6, 13, p. 36, and several acts Utah, Wyoming, and Mon establishing land offices for Twelfth. Registers and receivers in California, Oregon, Washington, Nevada, Colorado, Idaho, New Mexico, v. Arizona, Utah, Wyoming, and Montana, are each entitled to collect and receive fifty per centum on the fees and commissions provided for in the first, third, and tenth subdivisions of this section. tana. Fees of register and re offices. 18 Feb., 1861, c. 38, ss. 1, 3, v. 12, p. 131. SEC. 2239. The register for any consolidated land district, in addition to the fees now allowed by law, shall ceiver for consolidated land be entitled to charge and receive for making transcripts 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. SEC. 2240. The compensation of registers and receivers, 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 prorata allowance of such maximum.2 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 paid into the Treasury, as other public moneys. Maximum of compensation for registers and receivers. v. 21 Mar., 1864, c. 33, s. 6, 13, p. 36. 20 Apr., 1818, 1862, c. 75, s. 6, v. 12, p. 393. p. 409. 1 July, 1864, c. 196, 1852, c. 19, s. 3, v. 10, p. 4. 2 c. 123, v. 3, p. 466. 20 May, 30 May, 1862, c. 86, s. 6, v. 12, s. 1, v. 13, p. 335. 22 Mar., 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.-C. S. v. Babbit, 1 Bl., 55. Excess of compensation to be paid into Treasury 3 Mar., 1853, c. 97, s. 1, v. 38, ss. 1, 3, v. 12, p. 131. 10, p. 204. 18 Feb., 1861, c. 'Part in brackets repealed. Actual expenses only allowed. Act June 16, 1874 (18 Stat., 72). 2 See notes at foot of the preceding page. 3073-10 Illegal fees: Penalty. v. 10, p. 4. 17 July, 1854, c. 84, s. 6, v. 10, p. 306. SEC. 2242. No register or receiver shall receive any 22 Mar., 1852, c. 19, 5, 3, compensation out of the Treasury for past services who has charged or received illegal fees; and, on satisfacfactory proof that either of such officers has charged or received fees or other rewards not authorized by law, he shall be forthwith removed from office. Compensation of registers and receivers, when to com. mence. SEC. 2243. The compensation of registers and receivers, both for salary and commissions, shall commence 24 Feb., 1855, c. 124, s. 3, v. and be calculated from the time they, respectively, enter on the discharge of their duties. 10, p. 615. Duration of office of regis ters and receivers. SEC. 2244. All registers and receivers shall be ap15 May, 1820, c. 102, s. 1, pointed for the term of four years, but shall be remov able at pleasure. v. 3, p. 582. Monthly and quarterly re turns of receivers. 4 July, 1836, c. 352, s. 9. v. 5, p. 111. SEC. 2245. 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. Oath administered by registers and receivers. 12 June, 1840, c. 35, v. 5, p. 384. SEC. 2246. The register or receiver is authorized, and it 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. 4 July, 1836, c. 352, s. 13, v. 5, p. 112. SEC. 2247. 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 $5 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. * * * PREEMPTIONS. [Chapter four, title thirty-two, of the Revised Statutes, embracing sections from 2257 to 2288, inclusive, was repealed by the fourth section, act of March 3, 1891 (page 221), except sections 2275, 2276, 2286, and 2288, the last being amended by the third section of the same act, and the first two by the act of February 28, 1891.] Lands subject to preemp ion. +2 June, 1862, c. 94, s. 1, v. 12, p. 413. SEC. 2257. All lands belonging to the United States, to which the Indian title has been or may hereafter be extinguished, shall be subject to the right of preemption, under the conditions, restrictions, and stipulations provided by law. Lands not subject to preemption. 4 Sept., 1841, c. 16, s. 10, v. 5, p. 455. SEC. 2258. The following classes of lands, unless otherwise specially provided for by law, shall not be subject to the rights of preemption, to wit: First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose. Second. Lands included within the limits of any in498; Josephs v. U. S., 1 N. corporated town, or selected as the site of a city or Wilcox v. Jackson, 13 Pet., and H., 197; Turner v. Amer can Baptist Union, 5 McLean, town. Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture. Persons entitled to preemption. 4 Sept., 1841, c. 16, s. 10, v. p. 455. U. S. v. Fitzgerald, 15 Pet., Pet.3 How., 333; Cunningham v. 407; Lytle v. Arkansas, 9 Ashley, 14 How., 377; BarHeirs, 18 How., 41; Garland nard's v. Ashley's v. Wynn, 20 How., 6; Harkness v. Underhill, 1 Bl., 325; Witherspoon v. Duncan, 4 Wall., 218. Fourth. Lands on which are situated any known salines or mines. SEC. 2259. Every person, being the head of a family, or widow, or single person, over the age of twenty-one years, and a citizen of the United States, or having filed a declaration of intention to become such, as required by the naturalization laws, who has made, or hereafter makes, a settlement in person on the public lands subject to preemption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land office for the district in which such land lies, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter. section of land, to include the residence of such claimant, upon paying to the United States the minimum price of such land. SEC. 2260. The following clasess of persons, unless otherwise specially provided for by law, shall not pt., 1841, c. 16, s. 10, v. acquire any right of preemption under the provisions of 5, p. 455. the preceding sections, to wit: Persons not entitled to pre 4 First. No person who is the proprietor of three hundred and twenty acres of land in any State or Territory. Limitation of preemption right. 5, 4 Sept., 1841, c. 16, s. 10, v. p. 455. 3 March, 1843, c. 86,8.4, v. 5, p. 620. he file, at any Oath of preemptionist; where filed; penalty. 4 Sept., 1841, c. 16, s. 13, v. Second. No person who quits or abandons his residence on his own land to reside on the public land in the same State or Territory. SEC. 2261. No person shall be entitled to more than one preemptive right by virtue of the provisions of section twenty-two hundred and fifty-nine; nor where a party has filed his declaration of intention to claim the benefits of such provisions, for one tract of land, shall future time, a second declaration for another tract. SEC. 2262. Before any person claiming the benefit of this chapter is allowed to enter lands, he shall make oath before the receiver or register of the land district in which the land is situated that he has never had the benefit of any right of preemption under section twenty-two hundred and fifty-nine; that he is not the owner of three hundred and twenty acres of land in any State or Territory; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person whatever, by which the title which he might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except himself; and if any person taking such oath swears falsely in the premises, he shall forfeit the money which he may have paid for such land, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, for a valuable consideration, shall be null and void, except as provided in section twenty-two hundred and eightyeight. And it shall be the duty of the officer administering such oath to file a certificate thereof in the public land office of such district, and to transmit a duplicate copy to the General Land Office, either of which shall be good and sufficient evidence that such oath was administered according to law. Amended by act of June 9, 1880 (21 Stat., 169); Appendix No. 19, page 178, and by act of May 26, 1890, page 213. |