keep up the current public business, which clerical force 12 Stat. 131; R. S. 2255. U. S. v. Jarvis, 1 Davies, C. C. 274; U. SEC. 133. There shall be appointed by the President, by Appointment of registers and reand with the advice and consent of the Senate, a register of ceivers. the land office and a receiver of public moneys, for each land district established by law. 18 Stat. 34, 122, 123, 295; R. S. 2234. Litchfield v. Railway Co., 1 Duration of of and receivers. SEC. 134. All registers and receivers shall be appointed fice of registers for the term of four years, but shall be removable at pleasure. 3 Stat. 582; R. S. 2244. Best v. Polk, 18 Wall. 112. SEC. 135. Every register and receiver shall reside at the register and replace where the land office for which he is appointed is ceiver. directed by law to be kept. R. S. 2235. [See all acts establishing land districts.] Residence of Bond of register SEC. 136. Every register and receiver shall, before enter- and receiver. ing 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. 2 Stat. 73, 75; 10 id. 245; R. S. 2236. U. S. v. Vanzandt, 11 Wheat. 184; Walton v. U. S., 9 id. 651; Minor v. Mechanics' Bank, 1 Pet. 46; U. S. v. Tingey, 5 id. 115; Farrar et al. v. U. S., 5 id. 373; U. S. v. Boyd, 15 id. 187; U. S. v. Linn, 15 id. 290; U. S. v. Irving, 1 How., 250; U. S. v. Girault, 11 id. 22; U. S. v. Prescott, 3 id. 578; U. S. v. Boyd, 5 id. 29; Bryan v. U. S., 1 Black, 140; Boyden v. U. S., 13 Wall. 17; Bevans v. U. S., 13 id. 56; U. S. v. Thomas, 15 id. 337. Alexandria v. Corse, 2 Cranch, C. C. 363; U. S. v. Stephenson, 1 McLean, C. C. 462; U. S. v. Spencer, 2 id. 265; U. S. v. Ward, 3 id. 179. 8 Op. Att. Gen. 7. 1 Lester's L. L. 312, 314. SEC. 137. Every register and receiver shall be allowed an annual salary of five hundred dollars; and, in addition thereto, each shall be allowed the following fees and commissions, namely: Fees and commissions of register and receiver. 3 Stat. 466; 12 id. 409; R. S. 2237. Dobbins v. Commissioners, &c., 16 Pet. 435. Decisions Com. G. L. O., Feb. 20, 1858; May 1, 1871. First. A fee of one dollar for each declaratory statement on pre-emptions. filed and for services in acting on pre-emption claims. 5 Stat. 456; 13 id. 35; R. S. 2238. Decisions Com. G. L. O., June Second. A commission of one per centum on all moneys On cash receipts. received at each receiver's office. 3 Stat. 466; R. S. 2238. U. S. v. Dickson, 15 Pet. 141. U. S. v. Mc- 1878. Third. A commission to be paid by the homestead appli On homesteads. On timber-culture entries. On warrants and agriculturalcollege scrip. cant, at the time of entry, of one per centum on the cash 12 Stat. 393; 16 id. 320; R. S. 2238. Decision Sec. Int., March 3, Fourth. The same commission on lands entered under any 17 Stat. 606; R. S. 2238. Decision Sec. Int., March 3, 1874. Decis- 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 Where fees not cents per acre; but they shall not be entitled to any fees for locating warrants which are authorized by law to be located free of expense by the Commissioner of the General Land Office, nor upon the location of warrants issued prior to the eleventh day of February, eighteen hundred and forty-seven. allowed. In donation cases. On location of lands by States and corporations. For superin 9 Stat. 231; 10 id. 4; 12 id. 505; R. S. 2238, 2437. U. S. v. Babbit, Sixth. A fee, in donation cases, of five dollars for each 12 Stat. 409; R. S. 2233. Seventh. In the location of lands by States and corpora- 13 Stat. 335; 18 id. 21; 19 id. 52; R. S. 2238. Railway Co. v. Pres- Eighth. A fee of five dollars per diem for superintending age. For filing and acting upon mineral-land applications. For taking testimony. 3 Stat. 567; R. S. 2238. Ninth. A fee of five dollars for filing and acting upon each application for patent or adverse claim filed for miueral lands, to be paid by the respective parties. 17 Stat. 95; R. S. 2238. 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 pre-emp- 13 Stat. 35; R. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. 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. 17 Stat. 95; R. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. G. L. O., May 24, 1879. in certain 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 Fee for notice Thirteenth. A fee of one dollar shall be paid to registers of cancellation. 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. 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. Maximum of ceivers. 12 Stat. 131; R. S. 2239. Cir. G. L. O., July 19, 1878. SEC. 139. The compensation of registers and receivers, compensation for 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. pensation to be SEC. 140. Whenever the amount of compensation received Excess of comat any land office exceeds the maximum allowed by law to paid in Treasury. 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. Illegal fees; SEC. 141. No register or receiver shall receive any com- penalty. pensation 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 Compensation 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 to commence. calculated from the time they, respectively, enter on the discharge of their duties. Monthly and quarterly returns of receivers. Oaths adminis and 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 ceiver. 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 recov ered 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. Sec. CHAPTER FIVE. SPECIAL AGENTS. Sec. 148. Surveyor-general may appoint agents 149. Officers, &c., detailed to investigate to examine surveys in the field. frauds may administer oaths. field. 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 ine surveys 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 Officers detailed departments of the government who shall be lawfully de- frauds may ad to investigate tailed to investigate frauds, or attempts to defraud, on the minister oaths. 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. Right of officers detailed on special duty to extra compensation: 1 [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.] 61 |