entry. he shall be notified by the register of the land-office of Thirty days for the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of Proviso. such notice to enter said lands: Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. (U. S. C., title 43, secs. 82, 185.) An Act In relation to certain fees allowed registers and receivers registers and re Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fee allowed registers and receivers for tes- Fees allowed timony reduced by them to writing for claimants, in ceivers for tak establishing preemption and homestead rights and min- ing testimony. eral entries, and in contested cases, shall not be considered or taken into account in determining the maximum of compensation of said officers. grams of town SEC. 2. That registers and receivers shall, upon appli- Plats or diacation, furnish plats or diagrams of townships in their ships. 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 authorities, furnish, for the purpose of taxation, a list of all lands sold in their respective districts, Lists of land 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. Approved, March 3, 1883 (22 Stat. 484, U. S. C., title 43, sec. 87). Extract from the sundry civil appropriation Act, approved March 3, 1887 (24 Stat. 509, 526) * 8 shall sold. in excess of $3,000. And hereafter all fees collected by registers or receivers, Not allowed fees from any source whatever, which would increase their salaries beyond three thousand dollars each a year, be covered into the Treasury, except only so much as may be necessary to pay the actual cost of clerical services employed exclusively in contested cases; and they shall * Fixed at $3,600 per annum by the act of May 21, 1928 (45 Stat. 684), p. 602. Registers and receivers may receive transcript fees. make report quarterly, under oath, of all expenditures for such clerical services, with vouchers therefor. (U. S. C., title 43, sec. 85.) An Act To authorize registers and receivers of United States land offices to furnish transcripts of their records to individuals Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That registers and receivers of United States land offices shall, in addition to the fees now allowed by law, be entitled to charge and receive for making transcripts of the records in their offices for individuals, the sum of ten cents per hundred words for each transcript so Transcripts ad furnished; and the transcripts thus furnished, when duly certified to by them, shall be admitted as evidence in all courts of the United States and the Territories thereof, and before all officials authorized to receive evidence, with the same force and effect as the original records. mitted as evi dence. Public lands. On abolishment State records, etc., thereof may be transferred thereto. Provision for safekeeping required. Approved, March 22, 1904 (33 Stat. 144, U. S. C., title 43, sec. 83). TRANSFER OF RECORDS ON ABOLISHMENT OF LAND An Act To provide for the transfer of certain records of the General Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the last United States land office in any State has been or hereafter may be abolished the Secretary of the Interior be, and he is hereby, authorized to transfer to the State within which such United States land office was or is situated such transcripts, documents, and records of the office aforesaid as may not be required for use of the United States and which the State may desire to preserve. (U. S. C., 3d supp., title 43, sec. 25.) SEC. 3. The transcripts, documents, records, field notes, maps, plats, and other papers mentioned in sections 1 and 2 of this Act shall in no case be turned over to the authorities in any State until such State has provided by law for the reception and safekeeping of same as public records, and for the allowance of free access to the same by the authorities of the United States. (U. S. C., 3d supp., title 43, sec. 25b.) Approved, May 28, 1926 (44 Stat. 672). For sec. 2 of this act see "Supervisor of Surveys, etc.," p. 698. REPAYMENTS Cross references: See subtitles "Adjustment of Water-Right Charges," and "Refunds to War Veterans," under " 'Reclamation," pp. 514, 521. refunded where confirmed. SEC. 2362, R. S. The Secretary of the Interior is au- Purchase money thorized, upon proof being made, to his satisfaction, that sale can not be any tract of land has been erroneously sold by the United States, so that from any cause the sale can not be con- Jan. 12, 1825, firmed, to repay to the purchaser, or to his legal repre- 1859,11 S. 387. sentatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. (U. S. Č., title 43, sec. 689.) 4 S. 80; Feb. 28, tain cases; how SEC. 2363, R. S. Where any tract of land has been Refunding in cererroneously sold, as described in the preceding section, tain and the money which was paid for the same has been in- Feb. 28, 1859, vested in any stocks held in trust, or has been paid into 11 S. 388. the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto. (U. Š. C., title 43, sec. 690.) An Act For the relief of certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commissions paid on void entries of public lands1 on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where it shall, upon due proof Certain settlers being made, appear to the satisfaction of the Secretary of the Interior that innocent parties have paid the fees and commissions and excess payments required upon the location of claims under the Act entitled "An Act to amend an Act entitled 'An Act to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States,' and amendments thereto," approved March third, Repayment to ineighteen hundred and seventy-three, and now incorpo- fees, commisrated in section twenty-three hundred and six of the sions, and excess Revised Statutes of the United States, which said claims upon fraudulent were, after such location, found to be fraudulent and void, and the entries or locations made thereon canceled, Appropriation the Secretary of the Interior is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the 1 See the act of Apr. 18, 1904 (33 Stat. 589), p. 608. nocent parties of payments made and void entries. permanent. Entries canceled or not confirmed; made in all cases. Excess of $1.25 receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States. SEC. 2. In all cases where homestead or timber-culture repayment to be or desert-land entries or other entries of public lands have 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 Secretary of the Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same, upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid doubleminimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of one dollar and twenty-five cents per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns. per acre, double minimum price for land not within railroad grant, to be re paid. Appropriation permanent. Rules and regu lations to be made by the Commissioner of Office. SEC. 3. The Secretary of the Interior is authorized to make the payments herein provided for, out of any money in the Treasury not otherwise appropriated. SEC. 4. The Commissioner of the General Land Office shall make all necessary rules, and issue all necessary the General Land instructions, to carry the provisions of this Act into effect; and for the repayment of the purchase money and fees herein provided for the Secretary of the Interior shall draw his warrant on the Treasury and the same shall be paid without regard to the date of cancellation of the entries. Approved, June 16, 1880 (21 Stat. 287, U. S. C., title 43, sec. 263). Joint Resolution As to the provisions of "An Act for the relief of certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of "An act for the relief of certain settlers on the public lands, and to provide for the payment of certain fees, purchase money, and commission paid on void entries of public lands," approved June sixteenth, eighteen hundred and eighty, shall be construed to abolish the necessity for proof of loyalty in the cases mentioned in said Act, and no proof of loyalty shall be required in the cases mentioned in said Act. Approved, April 18, 1904 (33 Stat. 589, U. S. C., title 43, sec. 263). An Act To authorize the receivers of public moneys for land districts to deposit with the Treasurer of the United States certain sums embraced in their accounts of unearned fees and unofficial moneys posit unearned Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the receivers of public moneys for land Receivers to dedistricts are hereby authorized, under the direction of the fees. Commissioner of the General Land Office, to deposit to the credit of the Treasurer of the United States all unearned fees and unofficial moneys that have been carried upon the books of their respective offices for a period of five years or more, which sums shall be covered into the Treasury by warrant and carried to the credit of the parties from whom such fees or moneys were received, and into an appropriation account to be denominated "Outstanding liabilities." (U. S. C., title 43, sec. 91.) nished. SEC. 2. That at the time of making such deposit the Lists to be furreceiver shall furnish a list showing the date when the money was paid to him or to his predecessor; the names and residences of the parties; the purposes of the payments and the amounts thereof, which list shall bear the certificate of the register and receiver that the same is correct; that the amounts are due and payable; that diligence has been exercised to return the same, and that the sums specified have remained unclaimed for a period of five years or more. (U. S. C., title 43, sec. 92.) ed by unknown SEC. 3. That amounts that appear in a receiver's ac- Deposit of counts as "Moneys deposited by unknown parties" shall moneys depositalso be deposited to the credit of the Treasurer of the parties. United States, accompanied by a list showing the amount and, if possible, the date of the receipt of each item; which list shall bear the certificate of the register and receiver that, after careful investigation, the ownership of said moneys could not be determined, and that they have been reported in the unearned fees and unofficial moneys accounts for five years or more. (U. S. C., title 43, sec. 93.) SEC. 4. That any person or persons who shall have Repayment of made payment to a receiver, or to his predecessor, and deposits. the money shall have been covered into the Treasury pursuant to section one or section three hereof, shall, on presenting satisfactory evidence of such payment to the proper officer of the Treasury Department, be entitled to have the same returned by the settlement of an account and the issuing of a warrant in his favor according to the practice in other cases of authorized and liquidated claims against the United States: Provided, That when Time limit for such moneys shall remain unclaimed in the Treasury for recovery. more than five years the right to recover the same shall be barred: Provided, That no homestead entryman shall Payment of purbe required to make payment of the purchase money on homestead entryany application to make a cash entry until the same shall chase money by men. |