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§ 53. Powers devolved on Secretary of the Interior on turning over of papers to States.

In all cases where, as provided in section 54 of this title, the field notes, maps, records, and other papers appertaining to land titles in any State are turned over to the authorities of such State, the same authority, powers, and duties in relation to the survey, resurvey, or subdivision of the lands therein, and all matters and things connected therewith, as previously exercised by the surveyor general, whose district included such State, shall be vested in, and devolved upon, the Secretary of the Interior or such officer as he may designate. (R. S. § 2219; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Jan. 22, 1853, ch. 24, § 1, 10 Stat. 152.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Commissioner of the General Land Office" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

SURVEYOR GENERAL

Abolition of office of surveyor general, see note under former section 51 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 56 of this title. § 54. Completion of surveys; delivery to States.

The Secretary of the Interior shall take all the necessary measures for the completion of the surveys in the several surveying districts, at the earliest periods compatible with the purposes contemplated by law; and whenever the surveys and records of any such district are completed, the Secretary of the Interior or such officer as he may designate shall deliver over to the secretary of state of the respective States, including such surveys, or to such other officer as may be authorized to receive them, all the field notes, maps, records, and other papers appertaining to land titles within the same. (R. S. § 2218; June 5, 1924, ch. 264, 43 Stat. 394: Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Acts June 12, 1840, ch. 36, § 1. 5 Stat. 384; July 31. 1876. ch. 246, 19 Stat. 121.

CODIFICATION

The original text of R.S. § 2218 provided for the completion of surveys "in the several surveying-districts for which surveyors general have been, or may be, appointed" and also provided that "the surveyor general thereof shall be required to deliver over" all papers appertaining to land titles within the district, "and the office of surveyor general in every such district shall thereafter cease and be discontinued."

Those references to the surveyors general did not appear in the Code, in view of act Mar. 3, 1925 (formerly classified to section 51 of this title) abolishing the office of surveyor general and transferring its activities to the

Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys.

R.S. § 2207, formerly credited to this section, provided for the appointment of surveyors general, and was superseded by act Mar. 3, 1925 (formerly classified to section 51 of this title) and repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1429.

Act June 5, 1924, appropriated funds for use in making the surveys in twelve districts.

Act May 25, 1906, ch. 2554, 34 Stat. 199, provided for a survey, pursuant to R.S. § 2218, of unsurveyed lands in Louisiana, and was omitted from the Code as executed.

Provisions of Act Oct. 2, 1888, ch. 1069, 25 Stat. 525, for the transfer to State officials of the field notes, maps, records and other papers appertaining to land surveys in Nebraska and Iowa, were omitted from the Code as executed.

All records, etc., belonging to the office of the recorder of land titles for Missouri were delivered to the State upon the discontinuance of the office, by provisions of act June 6, 1874, ch. 223, § 3, and act July 31, 1876, ch. 246 (omitted from the Code as executed).

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Supervisor of Surveys" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 53 of this title. § 55. Field notes delivered to States; access to. Under the authority and direction of the Secretary of the Interior or such officer as he may designate, any deputy surveyor or other agent of the United States shall have free access to any field notes, maps, records, and other papers, mentioned in section 53 of this title, for the purpose of taking extracts therefrom, or making copies thereof, without charge of any kind. (R. S. § 2220; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION

Act Jan. 22, 1853, ch. 24, § 2, 10 Stat. 152.

CODIFICATION

The word "such" preceding "field notes" was omitted and the words "mentioned in section 53 of this title" were inserted following "papers,".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Commissioner of the General Land Office" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§ 56. Conditions of delivery to States.

The field notes, maps, records, and other papers mentioned in section 53 of this title, shall in no case be turned over to the authorities of any State, until

such State has provided by law for the reception and safe-keeping of the same as public records, and for the allowance of free access to the same by the authorities of the United States. (R. S. § 2221.)

DERIVATION

Acts Jan. 22, 1853, ch. 24, § 3, 10 Stat. 152; June 6, 1874. ch. 223, § 3, 18 Stat. 62.

§ 57. Authenticated copies or extracts from records as evidence.

Any copy of or extract from the plats, field notes, records, or other papers of the offices of the former surveyors general for the districts of Oregon and California, when authenticated by the seal and signature of the Secretary of the Interior or such officer as he may designate, shall be evidence in all cases in which the original would be evidence. (R. S. § 2224; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act Mar. 3, 1853, ch. 145, §§ 2, 11, 10 Stat. 245, 248.
CODIFICATION

This section is from a part of R.S. § 2224, as affected by act Mar. 3, 1925. The original text provided for the continuation of the use of the official seals authorized for the offices of the surveyors general of Oregon, California, and Louisiana.

This provision was superseded by act Mar. 3, 1925 (formerly classified to section 51 of this title), abolishing the office of surveyor-general. The rest of the section became inapplicable to Louisiana upon the discontinuance of the office of surveyor general of Louisiana pursuant to R.S. § 2218. Upon incorporation into the Code, the section was changed to provide for authentication by the supervisor of surveys, instead of a surveyor-general, in view of act Mar. 3, 1925 (formerly classified to section 51 of this title) abolishing the office of surveyor general and transferring its activities to the Field Surveying Service, under the jurisdiction of the U.S. Supervisor of Surveys.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Supervisor of Surveys" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

FEDERAL RULES OF CIVIL PROCEDURE

Proof of official records, see Rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Effect of Rule 44 on this section, see note by Advisory Committee under that rule.

§ 58. Transcripts from records of Louisiana.

Any copy of a plat of survey, or transcript from the records of the office of the former surveyor general of Louisiana, duly certified, shall be admitted as evidence in all the courts of the United States and the Territories thereof. (R. S. § 2225.)

DERIVATION

Act Mar. 3, 1831, ch. 116, § 5, 4 Stat. 493.
CODIFICATION

Upon incorporation into the Code, the word "former" was inserted before "surveyor general" because of the

discontinuance of the office of surveyor general in Louisiana.

FEDERAL RULES OF CIVIL PROCEDURE

Proof of official records, see Rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Effect of Rule 44 on this section, see note by Advisory Committee under that rule.

§ 59. Official papers in office of surveyor general in California; copies.

All official books, papers, instruments of writing, documents, archives, official seals, stamps, or dies, which have been authorized by law to be collected and deposited in the surveyor general's office in California, shall be safely and securely kept by the Secretary of the Interior, or such officer as he may designate, in the archives of his office until disposed of as provided by law; and copies thereof, authenticated by the Secretary or such officer under his seal of office, shall be evidence in all cases where the originals would be evidence. (R. S. § 2229; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100; Oct. 25, 1951, ch. 562, § 3 (3), 65 Stat. 639.) DERIVATION

Act May 18, 1858, ch. 39, § 1, 11 Stat. 289.
CODIFICATION

"Supervisor of Surveys" was substituted for "surveyor general" by act Mar. 3, 1925.

AMENDMENTS

1951-Act Oct. 25, 1951, inserted "until disposed of as provided by law".

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Supervisor of Surveys" by 1946 Reorg. Plan No. 3. See note under section 1 of this title.

CROSS REFERENCES

Management and disposition of records, see chapters 29, 30, and 31 of Title 44, Public Printing and Documents. FEDERAL RULES OF CIVIL PROCEDURE

Proof of official records, see Rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Effect of Rule 44 on this section, see note by Advisory Committee under that rule.

§ 60. Stationery for mineral surveys.

The stationery and drafting instruments purchased for exclusive use of the Secretary of the Interior or such officers as he may designate in the preparation of plats and field notes of mineral surveys, as also the rent of additional quarters that may be necessary for the execution of such work, shall be paid for out of the fund created by deposits made by individuals to the credit of the United States to cover the cost of office work on such mineral surveys. (Mar. 3, 1901, ch. 830, § 1, 31 Stat. 1003; Mar. 3, 1925, ch. 462, 43 Stat. 1144; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "Field Surveying Service" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

"Field Surveying Service" was substituted for "surveyors-general" on authority of act Mar. 3, 1925, which abolished the office of surveyor general and transferred its activities to the Field Surveying Service.

§§ 61 to 63. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029.

Sections, R. S. §§ 2230-2232, related to bonds and oath of deputy surveyors.

R.S. § 2233, which provided that a deputy in Louisiana failing to comply with his contract should forfeit the penalty of his bond, and be debarred from receiving a contract for surveying land, was omitted from the Code as obsolete.

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102.

103.

104.

105.

106.

107.

Repayment of moneys deposited and covered into Treasury.

Disqualification.

Report of disqualification; designation of officer to act.

Attendance of witnesses.

Witnesses' fees.

Disobedience to subpoena.

Depositions of witnesses residing outside county. Continuing taking of depositions in behalf of opposite party.

Penalty for false information.

§§ 70 to 72. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 638, 645, 646.

Section 70, act Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208, consolidated the offices of register and receiver.

Section 71, act Mar. 3, 1925, ch. 462, 43 Stat. 1145 provided for consolidation of the offices of register and receiver, effective July 1, 1925.

Section 72, R.S. § 2334; acts Jan. 27, 1898, ch. 10, 30 Stat. 234; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, 11 F.R. 7876, 60 Stat. 1100, which was derived from acts Apr. 24, 1874, ch. 127, § 2, 18 Stat. 34; June 20, 1874, ch. 340, 18 Stat. 122; June 20, 1874, ch. 341, 18 Stat. 122;

June 20, 1874, ch. 342; 18 Stat. 123; Jan 11, 1875, ch. 12, § 2, 18 Stat. 295, related to duties of the Secretary of the Interior concerning sale of public lands.

SIMILIAR PROVISIONS

Provisions similar to former section 71 of this title were contained in the following prior Appropriation Acts: 1923-Jan. 24, 1923, ch. 42, 42 Stat. 1179. 1922-June 30, 1922, ch. 255, § 1, 42 Stat. 766. May 24, 1922, ch. 199, 42 Stat. 557.

1921-Mar. 24, 1921, ch. 161, § 1, 41 Stat. 1397. 1920-June 5, 1920, ch. 235, § 1, 41 Stat. 907. 1919-July 19, 1919, ch. 24, § 1, 41 Stat. 194.

Act May 24, 1922, ch. 199, 42 Stat. 557, abolished the land office at Springfield and the offices of register and receiver there at.

Act May 2, 1914, ch. 74, §§ 1, 2, 38 Stat. 371, 372, abolished the office of receiver of public moneys at Springfield, Mo., transferred his duties and the custody of books, records, etc., to the register, and contained other provisions concerning the register's duties.

Act. Mar. 2, 1895, ch. 177, § 3, 28 Stat. 807, required duplication of reports and returns of registers and receivers to be prevented by regulations.

Act. Oct. 1, 1890, ch. 1269, § 2, 26 Stat. 657, concerned the taking of final proofs by the remaining officer in case of a vacancy in the office of register or receiver.

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Section 73, act Oct. 28, 1921, ch. 114, § 2, 42 Stat. 208, which related to designation of chief clerk to act in case of death, resignation, removal, or disability of register, was rendered obsolete by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100, which abolished registers and transferred their functions to the Secretary of the Interior. See note under former section 1 of this title.

Section 74, R. S. § 2228, acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, authorizing the President to transfer the duties of register in any district to the Supervisor of Surveys, was rendered obsolete by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100. See note under former section 1 of this title.

§ 75. Administration of oaths.

The officer designated by the Secretary of the Interior is authorized, and it shall be his duty, to administer any oath required by law or the instructions of the Bureau of Land Management, 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. (R. S. § 2246; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

DERIVATION

Act June 12, 1840, ch. 35, 5 Stat. 384.

CODIFICATION

The words "or receiver" which followed "register" in the original text were omitted, in view of act Mar. 3, 1925 (classified to former section 71 of this title), providing for the consolidation of the offices of register and receiver.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Reference to "register" was changed to "officer designated by the Secretary of the Interior" and "Bureau of

Land Management" was substituted for "General Land Office" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§§ 75a to 79b. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646, 652.

Section 75a, act May 17, 1926, ch. 303, 44 Stat. 558, authorized the administration of oaths by an employee of the Department of Interior designated to act as register. Section 76, R.S. § 2244; acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to term of office of registers.

Section 77, R.S. § 2222; acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for continuation of duties and bond of the register after expiration of his commission.

Section 78, R.S. § 2235; acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required the register to reside at the place where the land office was located.

Section 79, R.S. § 2236; acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, required registers to give bond in the penal sum of $10,000.

Sections 79a, 79b, act Apr. 24, 1944, ch. 177, §§ 1, 2, 58 Stat. 215, related to bond of registers and to their compensation.

§ 79c. Payment of fees, commissions, etc.; deposit in Treasury.

No provision of Act April 24, 1944, ch. 177, 58 Stat. 215, shall relieve any public land applicant or claimant from the necessity of making payment of fees, commissions, or other moneys required by law or regulation. Commencing sixty days after April 24, 1944, the officials of district land offices shall not receive any compensation based on fees, commissions, or other receipts and all amounts collected by them shall be covered into the Treasury of the United States. (Apr. 24, 1944, ch. 177, § 3, 58 Stat. 215; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

REFERENCES IN TEXT

Act April 24, 1944, ch. 177, 58 Stat. 215, referred to in the text, was contained in this section, notes thereunder, and former sections 79a and 79b of this title, relating to compensation of the former registers of district land offices.

REPEALS

Section 4 of act Apr. 24, 1944, provided: "Sections 2237 and 2240 of the Revised Statutes and the act of May 21, 1928 (45 Stat. 684; 43 U. S. C., sec. 80), as amended, are hereby repealed, and all other provisions of law inconsistent with this Act [former sections 79a and 79b of this title and this section] are repealed to the extent of such inconsistency."

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Words "officials of district land offices" were substituted for "registers" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§ 79d. Alaska land claimant liable for fees, commissions or purchase money; deposit in Treasury. No provision of Act October 9, 1942, ch. 584, 56 Stat. 778, shall relieve any public land claimant from the necessity of making payment of fees, commissions, or purchase money required by law or

regulation in connection with an application, selection, location, or lease of public lands in Alaska, and all such payments, when made, shall be covered into the Treasury of the United States. (Oct. 9, 1942, ch. 584, § 5, 56 Stat. 779.)

REFERENCES IN TEXT

Act Oct. 9, 1942, ch. 584, 56 Stat. 778, referred to in the text, is classified to this section and section 123a of this title, was formerly classified to sections 366 and 367 of Title 48 and as a note thereunder, which provisions related to registers at land offices at Anchorage, Nome, and Fairbanks, additional registers, and their duties, and abolition of Anchorage, Nome, and Fairbanks offices, and repealed prior sections 365-367 of Title 48, which provided for number of land districts and location of land offices in Alaska, clerks and marshals of district courts as ex officio registers and receivers, and compensation of such officers, respectively.

§§ 80, 80a. Repealed. Apr. 24, 1944, ch. 177, § 4, 58 Stat. 215.

Section 80, acts May 21, 1928, ch. 661, 45 Stat. 684; Aug. 22, 1935, ch. 602, 49 Stat. 680; Oct. 9, 1942, ch. 584, § 7, 56 Stat. 779, provided that from and after Sept. 1, 1935, registers should be paid $2,000 per annum together with fees and commissions limited to $3,600 per annum, and is now covered by section 79c of this title.

Section 80a, R.S. §§ 2237, 2240; acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided that registers should be paid $500 per annum together with fees and commissions limited to $3,000 per annum, and is now covered by section 79c of this title.

§ 81. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632, 645, 646.

Section, R.S. § 2243; acts Oct. 28, 1921, ch. 115, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to commencement of compensation of registers.

§ 82. Repealed. Pub. L. 86-649, title II, § 202(b), July 14, 1960, 74 Stat. 507.

Section, R.S. § 2238; acts May 14, 1880, ch. 89, § 2, 21 Stat. 141; Dec. 17, 1880, ch. 2, 21 Stat. 311; July 26, 1892, ch. 251, 27 Stat. 270; Mar. 22, 1904, ch. 748, 33 Stat. 144; May 29, 1908, ch. 220, § 14, 35 Stat. 468; Jan. 24, 1923, ch. 42, 42 Stat. 1179; June 5, 1924, ch. 264, 43 Stat. 395; Mar. 3, 1925, ch. 462, 43 Stat. 1145, which prescribed the fees and commissions required to be collected by district land offices, is now covered by section 1371 of this title. § 83. Transcripts of records as evidence.

Transcripts of the records in the district land offices, when made and duly certified to by the Secretary of the Interior or such officers as he may designate for individuals, 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. (Mar. 22, 1904, ch. 748, 33 Stat. 144; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

CODIFICATION

The words "and receivers" which followed "registers" in the original text were omitted as superseded by acts Oct. 28, 1921 and Mar. 3, 1925, providing for consolidation of the two offices.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2,

eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

Words "district land offices" were substituted for "offices of registers" and "the Secretary of the Interior or such officers as he may designate" for "them" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title. CROSS REFERENCES

Government records and papers; copies, see section 1733 of Title 28, Judiciary and Judicial Procedure.

FEDERAL RULES OF CIVIL PROCEDURE

Proof of official records, see Rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Effect of Rule 44 on this section, see note by Advisory Committee under that rule.

§ 84. Repealed. Pub. L. 86-649, title II, § 202(b), July 14, 1960, 74 Stat. 507.

Section, R.S. § 2239; acts Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to fees for consolidated land offices, and is now covered by section 1371 of this title.

§ 85. Excess of fees covered into Treasury.

CODIFICATION

Section, acts Mar. 3, 1887, ch. 362, 24 Stat. 526; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; May 21, 1928, ch. 661, 45 Stat. 684, requiring all fees collected by registers which would increase their salaries beyond a certain amount to be covered into the Treasury, except for certain clerical fees, was superseded by section 79c of this title and section 367a of Title 48, Territories and Insular Possessions, which require all fees to be covered into the Treasury.

§ 86. Accounting for fees for notices of cancellation of entries.

All money or fees received or collected by the Secretary of the Interior or such officers as he may designate of United States land offices for issuing notices of cancellation of entrics shall be reported and accounted for by the Secretary or such officers in the same manner as other fees or moneys received or collected. (Mar. 4, 1911, ch. 261, § 2, 36 Stat. 1352; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

References to "registers of United States land offices" and "such registers" were changed to "Secretary of the Interior or such officers as he may designate" and the Secretary or such officers" by 1946 Reorg. Plan No. 3. See note under former section 1 of this title.

§§ 87, 88. Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 632, 634, 645, 646.

Section 87, acts Mar. 3, 1883, ch. 101, § 2, 22 Stat. 484; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, 11 F.R. 7876, 60 Stat. 1100, related to plats of townships and lists of lands sold.

Section 88, R.S. § 2242; acts Oct. 28, 1921, ch. 114, § 1. 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, related to receipt of illegal fees by registers.

§ 89. Monthly returns of district land offices.

The Secretary of the Interior or such officer as he may designate shall make to the Secretary of the

Treasury monthly returns of the moneys received in district land offices, and pay over such money pursuant to his instructions. (R. S. § 2245; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1100.) DERIVATION

Act July 4, 1836, ch. 352, § 9, 5 Stat. 111.
CODIFICATION

The office of receiver was consolidated with that of register by act Mar. 3, 1925, under a register only, the office of receiver being abolished.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of that Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.

"Secretary of the Interior or such officer as he may designate" was substituted for "registers", "district land offices" was substituted for "their several offices" and former last sentence relating to returns to Commissioner of the General Land Office was omitted by 1946 Reorg. Plan No. 3. See note under former section 1 of this title. § 90. Expenses incurred.

CODIFICATION

Section, act July 1, 1946, ch. 529, § 1, 60 Stat. 352, requiring authorization of Commissioner of the General Land Office for expenses chargeable to the Government incurred by registers, was rendered obsolete by 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out as a note under section 1 of this title, which abolished the offices of registers and Commissioner of the General Land Office. Section was not repeated in the Interior Department Appropriation Act, 1948, act July 25, 1947, ch. 337, 61 Stat. 460.

SIMILAR PROVISIONS

Similar provisions were contained in the following prior appropriation acts:

1945-July 3, 1945, ch. 262, § 1, 59 Stat. 323. 1944-June 28, 1944, ch. 298, § 1, 58 Stat. 468.

1943-July 12, 1943, ch. 219, § 1, 57 Stat. 455.
1942-July 2, 1942, ch. 473, § 1, 56 Stat. 511.
1941-June 28, 1941, ch. 259, § 1, 55 Stat. 310.
1940 June 18, 1940, ch. 395, § 1, 54 Stat. 412.
1939-May 10, 1939, ch. 119, § 1, 53 Stat. 692.
1938-May 9, 1938, ch. 187, § 1, 52 Stat. 297.
1937-Aug. 9, 1937, ch. 570, § 1, 50 Stat. 569.
1936-June 22, 1936, ch. 691, § 1, 49 Stat. 1762.
1935-May 9, 1935, ch. 101, § 1, 49 Stat. 180.
1934 Mar. 2, 1934, ch. 38, 48 Stat. 366.
1933-Feb. 17, 1933, ch. 98, 47 Stat. 823.
1932-Apr. 22, 1932, ch. 125, 47 Stat. 93.
1931-Feb. 14, 1931, ch. 187, 46 Stat. 1117.
1930-May 14, 1930, ch. 273, 46 Stat. 283.
1929-Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1565.
1928-Mar. 7, 1938, ch. 137, § 1, 45 Stat. 203.
1927-Jan. 12, 1927, ch. 27, § 1, 44 Stat. 938.
1926-May 10, 1926, ch. 277, § 1, 44 Stat. 457.
1924-June 5, 1924, ch. 264, 43 Stat. 395.
1923-Jan. 24, 1923, ch. 42, 42 Stat. 1179.
1922-May 24, 1922, ch. 199, 42 Stat. 557.
1917-June 12, 1917, ch. 27, § 1, 40 Stat. 142.
1915-Mar. 3, 1915, ch. 75, 38 Stat. 855.

§ 91. Deposit in Treasury of unearned fees and unofficial moneys.

Officers of district land officers, as designated by the Secretary of the Interior are authorized, under the direction of the Secretary of the Interior or such officer as he may designate, to deposit to the credit

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