Contracts with irrigation organizations. Disposal of lands not taken. Relinquish ment of home der reclamation irrigable. the project as a part of the construction charge of such project, and shall be maintained and used in perpetuity by the people upon said reclaimed lands for a pleasure park, public playground, and community center. SEC. 3. That for the purpose of carrying out and effecting the objects of this act the Secretary of the Interior is authorized to enter into a contract with the organization formed by the owners of the lands irrigated within said project or project unit pursuant to section six of the act of June seventeenth, nineteen hundred and two, stipulating and providing that the organization will maintain and use such of the lands so reserved for the purposes prescribed in this act as such organization may desire, and that upon failure to so maintain and use such lands, or in the event that same shall be permitted to be used or occupied for other purposes than those stipulated in this act, the control of the lands shall revert to the United States. SEC. 4. That any of such lands not contracted for in accordance with the provisions of section three of this act within ten years from the time water is available for the same, or sooner, if the Secretary of the Interior may deem it desirable, shall be disposed of in accordance with the public-land laws applicable thereto, and the proceeds from the disposition of lands reverting to the United States under the provisions of this act, and from sales of water rights, shall be covered into the reclamation fund and placed to the credit of the project wherein the lands are situate. Approved, October 5, 1914 (38 Stat., 727). An Act For the relief of homestead entrymen under the reclamation projects of the United States. Be it enacted by the Senate and House of Representatives stead entries un- of the United States of America in Congress assembled, That act if land not any person who has made homestead entry under the act of June seventeenth, nineteen hundred and two (Thirtysecond Statutes at Large, page three hundred and eightyeight), for land believed to be susceptible of irrigation which at the time of said entry was withdrawn for any contemplated irrigation project, may relinquish the same, provided that it has since been determined that the land embraced in such entry or all thereof in excess of twenty acres is not or will not be irrigable under the project, and Selection of in lieu thereof may select and make entry for any farm unit included within such irrigation project as finally established, notwithstanding the provisions of section five of the act of June twenty-fifth, nineteen hundred and ten, entitled "An act to authorize advances to the reclamation fund," and so forth, and acts amendatory thereof: Residence cred- Provided, That such entrymen shall be given credit on the new entry for the time of bona fide residence maintained on the original entry. farm unit in lieu. ited. Approved, March 4, 1915 (38 Stat., 1215). REGISTERS AND RECEIVERS. Revised Statutes, sections 2334-2347.-Appointments-Bonds- Act of June 16, 1874 (18 Stat., 72).-Actual traveling expenses, Act of March 3, 1883 (22 Stat., 484).-Testimony fees-Compen- UNITED STATES REVISED STATUTES. Page. 273 276 276 276 277 277 277 278 Appointment SEC. 2234. There shall be appointed by the President, of registers and by and with the advice and consent of the Senate, a receivers. register of the land office and a receiver of public moneys for each land district established by law. The above section (2234) was amended by an act of Congress approved January 27, 1898, which reads as follows: "There shall be appointed by the President, 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, who shall have charge of and attend to the sale of public and Indian lands within their respective districts, as provided by law and official regulations, and receivers shall be accountable under their official bonds for the proceeds of such sales, and for all fees, commissions, or other moneys received by them. under any provision of law or official regulation." Residence of register and re SEC. 2235. Every register and receiver shall reside at the place where the land office for which he is appointed ceiver. 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 penal sum of ten thousand dollars, with approved security, for the faithful discharge of his trust. SEC. 2237. Every register and receiver shall be allowed. an annual salary of five hundred dollars. SEC. 2238. Registers and receivers, in addition to their salaries, shall be allowed each the following fees and commissions, namely: Bond of register and receiver. Salaries of reg ister and receiver Tees and *** missions of regis ter and receiver. claims. First. A fee of one dollar for each declaratory state- Preemption ment filed, and for services in acting on preemption. claims. 61002° S. Doc. 547, 64- 1- -18 273 One per cent on moneys. Homestead applications. Timber-culture entries. Warrants and scrip. Donation on Per cent fees and commissions. 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 applicant, at the time of entry, of one per centum on 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. 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. Fifth. For locating military bounty-land warrants 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. Sixth. A fee, in donation cases, of two dollars and fifty cents for each final certificate for one hundred and 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 corporations under grants from Congress for railroads and 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 depositing the public moneys received by him."] Ninth. A fee of five dollars for filing and acting upon each application for patent or adverse claim filed for mineral lands, to be paid by the respective parties. Tenth. Registers and receivers are allowed jointly, at the rate of fifteen cents per hundred words for testimony reduced by them to writing for claimants, in establishing preemption desert land and homestead rights. (As amended May 29, 1908.) 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. Twelfth. Registers and receivers in California, Oregon, Washington, Nevada, Colorado, Idaho, New Mexico, 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. This clause is construed to refer only to receipts from cash sales. It does not apply to fees and commissions. Part in brackets repealed. Actual expenses only allowed. Act June 16, 1874 (18 Stat., 72). records. SEC. 2239. The register for any consolidated land Transcript district, in addition to the fees now allowed by law, shall 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. of of compensation for ceivers. SEC. 2240. The compensation of registers and receivers, Maximum including salary, fees, and commissions, shall in no case registers and reexceed 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. 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. SEC. 2242. 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 other rewards not authorized by law, he shall be forthwith removed from office. Excess of compaid into Treas pensation to be ury. Illegal fees; pen alty. SEC. 2243. The compensation of registers and receivers, Compensation both for salary and commissions, shall commence and be receivers, when to calculated from the time they, respectively, enter on the commence. discharge of their duties. of SEC. 2244. All registers and receivers shall be appointed Duration office of registers for the term of four years, but shall be removable at and receivers pleasure. and quarterly returns SEC. 2245. The receivers shall make to the Secretary Monthly of the Treasury monthly returns of the moneys received of receivers. 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 adminis tered by registers and receivers. 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. SEC. 2247. If any person applies to any register to Penalty for false enter any land whatever, and the register knowingly register. 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 information by Actual traveling expenses only to be allowed. 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. ACTS OF CONGRESS PASSED SUBSEQUENT TO THE REVISED STATUTES. Extract from an act making appropriations for the support of the Army, approved June 16, 1874 (18 Stat., 72). Provided, That only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileages and transportation in excess of the amount acNo credits to be tually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allowances in violation of this provision. given for illegal allowances. registers and re An Act In relation to certain fees allowed registers and receivers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Fees allowed That the fee allowed registers and receivers for testimony ceivers for taking reduced by them to writing for claimants, in establishing preemption and homestead rights and mineral entries, and in contested cases, shall not be considered or taken into account in determining the maximum of compensation of said officers. testimony. Plats or diagrams of townships. Lists sold. Not SEC. 2. That registers and receivers shall, upon application, furnish plats or diagrams of townships in their respective districts showing what lands are vacant and what lands are taken, and shall be allowed to receive compensation therefor from the party obtaining said plat or diagram at such rates as may be prescribed by the Commissioner of the General Land Office; and said officers shall, upon application by the proper State or Territorial land authorities, furnish, for the purpose of taxation, a list of all lands sold in their respective districts, together with the names of the purchasers, and shall be allowed to receive compensation for the same not to exceed ten cents per entry; and the sums thus received for plats and lists shall not be considered or taken into account in determining the maximum of compensation of said officers. fees in excess of $3,000. Approved, March 3, 1883 (22 Stat., 484). Extract from the sundry civil appropriation act, approved August 4, 1886 (24 Stat., 239). allowed All fees collected by registers or receivers, from any source whatever, which would increase their salaries beyond three thousand dollars each a year shall be covered into the Treasury, except only so much as may be necessary to pay the actual cost of clerical services employed |