GENERAL LAND OFFICE 66 Cross references: See Department of the Interior," p. 99; "Registers and Receivers," p. 595; Supervisor of Surveys, Surveys, and Resurveys," p. 695. COMMISSIONER Cross references: See "Board of Equitable Adjudication," p. 69; "Private Land and Small Holding Claims," p. 397. of the General SEC. 446, R. S. There shall be in the Department of Commissioner the Interior a Commissioner of the General Land Office, Land Office. who shall be appointed by the President, by and with Apr. 25, 1812, the advice and consent of the Senate * (U. S. July 4, 1836; 5 C., title 43, sec. 1.) 2 Stat. 717; Stat. 107; Mar. 3, 1873, 17 missioner. 107; June 6, Feb. 18, 1875, SEC. 453, R. S. The Commissioner of the General Land Stat. 508. Office shall perform, under the direction of the Secretary Duties of comof the Interior, all executive duties appertaining to the Apr. 25, 1812. surveying and sale of the public lands of the United 29. 716; July States, or in anywise respecting such public lands, and 4, 1836, 5 S. also, such as relate to private claims of land, and the 1874, 18 S. 62; issuing of patents for all grants of land under the 18 s. 317. authority of the Government. (U. S. C., title 43, sec. 2.) SEC. 454, R. S. The Commissioner of the General Land Custody of seal, books, records, Office shall retain the charge of the seal heretofore etc. adopted for the office, which may continue to be used, and of the records, books, papers, and other property Apr. 25, 1812, appertaining to the office. (U. S. C., title 43, sec. 12.) 2 S. 717. surveyed. SEC. 455. R. S. The Commissioner of the General Land Office shall, when required by the President or either House of Congress, make a plat of any land surveyed Plats of lands under the authority of the United States, and give such information respecting the public lands and concerning Apr. 25, 1812, the business of his office as shall be directed. (U. S. C., 2 s. 717. title 43, sec. 17.) S. counts relative SEC. 456, R. S. All returns relative to the public lands Returns and acshall be made to the Commissioner of the General Land to lands. Office. (U. S. C., title 43, sec. 14.) * Apr. 25, 1812, 2 S. 717. missioner of enforce this SEC. 2478, R. S. The Commissioner of the General Power of ComLand Office, under the direction of the Secretary of the Land Office to Interior, is authorized to enforce and carry into execu- title. tion, by appropriate regulations, every part of the pro- July 26, 1866, visions of this title not otherwise specially provided for. 14 s. 253. (U. S. C., title 43, sec. 1201.) 1 Established originally in the Department of the Treasury by the act of Apr. 25, 1812 (2 Stat. 716). Reorganized by the act of July 4, 1836 (5 Stat. 107). Vacancies in subordinate offices. 23 July, 1868, c. 227, s. 2, v. 15, p. 168. General Land -Office. Duties of assistant commissioner. Temporary assistant commis sioner. VACANCY IN OFFICE OF COMMISSIONER SEC. 178, R. S. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. (U. S. C., title 5, sec. 5). ASSISTANT COMMISSIONER Cross reference: See subtitle "Recorder," p. 147. Extract from the legislative appropriation act approved June 17, 1910 (36 Stat. 468, 512)2 Assistant commissioner, to be appointed hereafter by the President, by and with the advice and consent of the Senate, who shall be authorized to sign such letters, papers, and documents and to perform such other duties as may be directed by the commissioner, and shall act as commissioner in the absence of that officer or in case of a vacancy in the office of commissioner. (U. S. C., title 43, sec. 3). Extract from the legislative appropriation Act approved March 2, 1895 (28 Stat. 764, 807) * * * * The duties imposed on the principal clerk of private land claims by section four hundred and fifty-nine of the Revised Statutes shall hereafter be performed by the Assistant Commissioner of the General Land Office. Extract from the legislative appropriation Act approved May 22, 1908 (35 Stat. 184, 225) That hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employe of the General Land Office to act temporarily as Assistant Commissioner of that office during the absence of the Assistant Commissioner, or in case of a vacancy in the office of such Assistant Commissioner, or when such Assistant Commissioner is acting as Commissioner, and all acts performed by any officer or employee while acting under such designation shall have the same force and effect as if performed by said Commissioner or Assistant Commissioner. (U. S. C., Title 43, sec. 4.) See also acts of July 7, 1884 (23 Stat. 159, 186), and July 11, 1890 (26 Stat. 228, 257). RECORDER General Land SEC. 447, R. S. There shall be in the General Land Recorder of Office an officer called the Recorder of the General Land Office. Office, who shall be appointed by the President, by and July 4, 1836, 5 with the advice and consent of the Senate (U. S. C., title 43, sec. 5.) * * *S. 111; Mar. 3, 1837, 5 S. 163. corder. SEC. 459, R. S. It shall be the duty of the Recorder Duties of reof the General Land Office, in pursuance of instructions from the Commissioner, to certify and affix the seal of the 2 s. 717. Apr. 25, 1812, office to all patents for public lands, and to attend to the correct engrossing, recording, and transmission of such patent. He shall prepare alphabetical indexes of the names of patentees, and of persons entitled to patents; and he shall prepare such copies and exemplifications of matters on file or recorded in the General Land Office as the Commissioner may from time to time direct. Whenever the office of Recorder shall become vacant, or in case of his sickness or absence, the duties of his office shall be performed ad interim by the principal clerk on private land claims. (U. S. C., title 43, sec. 6.) 3 Extract from the legislative appropriation Act approved May 22, 1908 (35 Stat. 184, 225) corder. That hereafter the Secretary of the Interior be, and he Temporary reis hereby, authorized to designate an officer or employee of the General Land Office to perform temporarily the duties of the Recorder of that office in the absence of that officer and in the case of a vacancy in the office of such Recorder, and the acts of any person so designated shall have all the force and effect of an act performed by the Recorder. (U. S. C., title 43, sec. 7.) OFFICER DESIGNATED TO SIGN LAND PATENTS Extract from the Department of the Interior appropriation Act * * * * and office per One Clerk to sign For Commissioner of the General Land Office and other Commissioner, personal services in the District of Columbia in accord-sonnel. ance with the Classification Act of 1923, clerk of grade 1, clerical, administrative, and fiscal sery- land patents. ice, who shall be designated by the President, to sign land patents. (U. S. C., title 43, sec. 8, 3d Supp., title 43, sec. 8.) Transferred to Assistant Commissioner by the act of Mar. 2, 1895 (28 Stat. 764, 807), p. 149. This provision has since been continued in all subsequent Department of the Interior appropriation acts. It supersedes secs. 450 and 451, R. S., the act of June 19, 1878 (20 Stat. 178, 183), and all intervening acts relating to this office.-Editor. RESTRICTIONS ON OFFICERS, CLERKS, AND EMPLOYEES Cross references: See subtitle "Officials Not to Act as Attorneys," under title "Department of the interior"; title " Offenses Relating to Official Duties." SEC. 452, R. S. The officers, clerks, and employees in the General Land Office are prohibited from directly or indirectly purchasing or becoming interested in the purchase of any of the public land; and any person who violates this section shall forthwith be removed from his office. (U. S. C., title 43, sec. 11.) ISSUANCE OF LAND PATENTS SEC. 458, R. S. All patents issuing from the General Land Office shall be issued in the name of the United States, and be signed by the President, and countersigned by the Recorder of the General Land Office; and shall be recorded in the office, in books to be kept for that purpose. (U. S. C., title 43, sec. 15.) Extract from the legislative appropriation Act approved March 2, 1895 (28 Stat. 764, 807) SEC. 3. The engrossing and recording of patents for public lands may be done by means of typewriters or other machines, under regulations to be made by the Secretary of the Interior and approved by the President. (U. S. C., title 43, sec. 16.) FEES FOR TAKING DEPOSITIONS Extract from the Department of the Interior appropriation act approved January 12, 1927 (44 Stat. 934, 937) Hearings in land entries, etc. * Proviso. Deposition fees. * * for expenses of hearings or other proceedings held by order of the General Land Office to determine the character of lands, whether alleged fraudulent entries are of that character or have been made in compliance with the law, and of hearings in disbarment proceedings, Provided, That where depositions are taken for use in such hearings the fees of the officer taking them shall be 25 cents per folio for taking and certifying same and 5 cents per folio for each copy furnished to a party on request. (U. S. C., 3d supp., title 43, sec. 23.) Repeated in subsequent Department of the Interior appropriation acts, including the act of May 14, 1930 (46 Stat. 279, 282). PHOTOLITHOGRAPHIC COPIES OF TOWNSHIP PLATS Extract from the sundry civil appropriation Act, approved June 5, 1920 (41 Stat. 874, 908) plats of surveys. That hereafter photolithographic copies of Reproducing township plats shall be sold to the public at 50 cents each. (U. S. C., title 43, sec. 22.) USE OF LAND OFFICE RECORDS AS EVIDENCE IN THE COURTS An Act To authorize the Commissioner of the General Land Office to transmit original papers to be used as evidence Price to the public. furnished in tify Commis eral Land Office. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the register of any United States Papers to be land office shall be served with a subpoena duces tecum legal process. or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the General Land Office of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall Register to nobe the duty of such register to at once notify the Com- sioner of Genmissioner of the General Land Office of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any register of a United States land office the Commissioner of the General Land Office shall at once transmit Transmission of to such register the original papers specified in such notice, and which such register is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so Authenticated authenticated shall be received in evidence in all courts ceived as eviof the United States and in the several State courts of dence. the States of the Union: Provided, That the Secretary Return of docu of the Interior shall make rules and regulations to secure the return of such documents to the General Land Office, after use in evidence, without cost to the United States. Approved, April 19, 1904 (33 Stat. 186, U. S. C., title 43, sec. 13.) papers. papers to be re ments. |