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 calculated from the time they, respectively, enter on the discharge of their duties. to commence. 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 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. 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. eral may appoint agents to exam field. SEC. 148. When it is incompatible with his other duties Surveyor-genfor a surveyor-general of the United States to personally 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. frauds may ad SEC. 149. Any officer or clerk of any of the executive Officers detailed departments of the government who shall be lawfully de- to investigate tailed to investigate frauds, or attempts to defraud, on the ininister oaths. Government, or any irregularity or misconduct of any officer or agent of the United States, shall have power to adminis ter 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 Sec. CHAPTER SIX. PUBLIC SALES AND PRIVATE ENTRIES. Sec. 150. Public sale of lands in half quarter- 163. What coins receivable in payment sections. 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 private entry and withdrawn, how to be opened to entry. for public lands. 164. Mistakes in entry of lands, provis 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 quarter-sections. highest bidder, be offered in half quarter-sections. Advertisement of sales. 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 r. 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 r. 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. 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, $1.25 per acre. 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. $2.50 per acre 1861, reduced i the President SEC. 155. Whenever the President is authorized to cause Public lands the public lands, in any land district, to be offered for sale, for sale in such may be offered 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. 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. Several certifi two or more pur section. SEC. 157. Where two or more persons have become purcates issued to chasers of a section or fractional section, the register of the chasers of same land office of the district in which the lands lie shall, on application of the parties, and a surrender of the original certificate, issue separate certificates, of the same date with the original, to each of the purchasers, or their assignees, in conformity with the division agreed on by them; but in no case shall the fractions so purchased be divided by other than north and south, or east and west, lines; nor shall any certificate issue for less than eighty acres. Private sales, in what bodies. Private sales, proceedings in. Highest bidder, when preferred in private sales. 4 Stat. 287; R. S. 2361. Gaines v. Hale, 16 Ark. 9; Downs v. Scott, 3 Rob. (La.) 84. SEC. 158. All the public lands, when offered at private sale, may be purchased, at the option of the purchaser, in entire sections, half-sections, quarter-sections, half quarter-sections, or quarter quarter-sections. 4 Stat. 503; R. S. 2354. SEC. 159. Every person making application at any of the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, half-section, quartersection, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office. 2 Stat. 556; R. S. 2355. 3 Op. Att. Gen. 240. Decisions Sec. Int., March 8, 1852; July 29, 1879; Aug. 9, 1879. Decision Com. G. L. O., Dec. 20, 1858. SEC. 160. Where two or more persons apply for the purchase, at private sale, of the same tract, at the same time, the register shall determine the preference, by forthwith offering the tract to the highest bidder. 3 Stat. 567; R. S. 2365. 3 Op. Att. Gen. 240, 248. Minimum price, SEC. 161. Whenever any reservation of public lands is how fixed when reservations sold. brought into market, the Commissioner of the General Land Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. Lands in California subject to 13 Stat. 374; R. S. 2364. Wolsey et al. v. Chapman, S. C., Oct. T., 1879, in manuscript. 3 Op. Att. Gen. 274; 10 id. 359. SEC. 162. Wherever lands in California subject to private private entry and entry have been or are hereafter withdrawn from market withdrawn, how for any cause, such lands shall not thereafter be held subject to private entry until they have first been open for at least ninety days to homestead and pre-emption settlers, and again offered at public sale. to be opened to entry. What coins receivable in pay. lands. 16 Stat. 304; 18 id. 497; R. S. 2367. SEC. 163. The gold coins of Great Britain and other forment for public eign coins shall be received in all payments on account of public lands, at the value estimated annually by the Director of the Mint, and proclaimed by the Secretary of the Treasury, in accordance with the provisions of section thirtyfive hundred and sixty-four of the Revised Statutes, Title, "The Coinage." 3 Stat. 779; 11 id. 163; R. S. 2366. |