RECORDS [Reported, 32 L. D. 635] RECORD-PRODUCTION IN COURT-ACT OF APRIL 19, 1904 DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., May 18, 1904. To the Registers, United States Land Offices. SIRS: Your attention is called to the act of April 19, 1904 (33 Stat. 186), which reads as follows: 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 land office shall be served with a subpœna duces tecum 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 be the duty of such register to at once notify the Commissioner 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 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 shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary 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. As soon as any subpoena or process mentioned in this act shall have been served upon you, you should at once forward a copy thereof to this office where appropriate action thereunder will be taken. All papers and records, forwarded to you under the provisions of this act, should be constantly retained in your possession and always kept under your personal control, and in no event should they be permitted to be attached as exhibits or filed of record in any cause pending in any court, but they should, after they have been used in evidence, be inclosed by you in secure envelopes and returned to this office by registered mail. Very respectfully, Approved. W. A. RICHARDS, Commissioner. THOS. RYAN, Acting Secretary. 1269 [Reported, 35 L. D. 514] FEES OF SURVEYORS GENERAL-CERTIFIED COPIES OF PLATS AND RECORDS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 15, 1907.a The UNITED STATES SURVEYOR GENERAL. SIR: Under the terms of office circular dated October 13, 1886(5 L. D. 190), you were permitted to furnish certified copies of plats and records in your office, and to receive a fee therefor under certain conditions. As it is considered that the continuance of this practice is detrimental to the best interests of the public service, you are hereby advised that it must be discontinued by you on and after your receipt of this communication, which you will acknowledge at once. Hereafter, when application is made for exemplified copies of plats, or any other records in your office, you will first furnish the applicant a memorandum of the exact cost thereof at the rates established by law for registers and receivers for like services, and require him to deposit the amount in a designated United States Depository, to the credit of the Treasurer of the United States, and upon presenting to you the duplicate certificate you can then cause them to be prepared during office hours and furnish them to the applicant. The duplicate certificates thus received you will forward to this office in the usual manner. Very respectfully, Approved: R. A. BALLINGER, Commissioner. J. R. GARFIELD, Secretary. [Reported, 36 L. D. 194] LISTS OF LANDS FOR TAXATION PURPOSES—ACT OF MARCH 3, 1883 Washington, D. C., October 8, 1907. Registers and Receivers, United States Land Offices. GENTLEMEN: The act of March 3, 1883 (22 Stat. 484), provides that upon application by the proper State or Territorial authorities, registers and receivers shall furnish for the purpose of taxation a list of all lands sold in their respective districts, together with the names of the purchasers, and shall be allowed to receive compensation for same not to exceed ten cents per entry. The act of August 4, 1886 (24 Stat. 239), and instructions approved April 22, 1898 (26 L. D. 657), as modified by circular approved May 20, 1905 (33 L. D. 627, 631), govern the disposition of such fees. Amended by circular of Oct. 19, 1907, p. 1271. See circulars of Feb. 21, 1908, p. 1272, and May 26, 1911 (No. 19), p. 1274. It is believed that it is within the spirit and intent of the act first cited for you to furnish, upon like application, and for the compensation therein stated, lists of canceled final entries, so that the lands may be relieved from improper taxation. Therefore, when application is made by the proper authorities, you will furnish such lists. Very respectfully, Approved. R. A. BALLINGER, Commissioner. JAMES RUDOLPH GARFIELD, Secretary. [Reported, 36 L. D. 125] FEES OF SURVEYORS GENERAL-CERTIFIED COPIES OF PLATS AND RECORDS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., October 19, 1907. United States Surveyors General. SIRS: The circular of this office dated April 15, 1907 (35 L. D. 514), revoking office circular dated October 13, 1886 (5 L. D. 190), relative to the furnishing to applicants exemplified copies of your plats or any other records in your office, is hereby amended to read as follows: Hereafter when application is made for exemplified copies of your plats or any other records in your office, you will first furnish the applicant with a memorandum of the exact cost thereof at the rates established by law for registers and receivers for like services, and require him to pay or remit the amount to you in your official capacity as surveyor general, and upon receipt of the amount you will then cause the copies to be prepared during office hours and furnish them to the applicant. All such moneys must be promptly receipted for. At the end of each week you are directed to deposit the aggregate amount received by you to the credit of the Treasurer of the United States, on account of " Receipts for Furnishing Copies of Records," and forward the duplicate certificates of deposit to this office. In rendering to this office your consolidated account current for each quarter of the fiscal year, Form No. 4-661a, you are directed to credit the United States therein with the aggregate amount received by you during the period for which the account is rendered, and debit the United States with the deposits made by you to the credit of the Treasurer of the United States during the said period. The said credits and debits should appear in one of the blank columns provided in the account current. You are also directed to furnish with the said account current an abstract showing in detail all the moneys received by you during the period covered thereby, giving date of the payment, name of the payee, and the amount received in each case. 'See circulars of Feb. 21, 1908, p. 1272, and May 26, 1911 (No. 19), p. 1274. The provisions of this circular are to take effect immediately upon your receipt thereof, which you will acknowledge at once. Very respectfully, Approved. R. A. BALLINGER, Commissioner. JAMES RUDOLPH GARFIELD, Secretary. [Reported, 36 L. D. 282] FEES OF SURVEYORS GENERAL-CERTIFIED COPIES OF PLATS AND RECORDS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., February 21, 1908. United States Surveyors General. SIRS: It appears that the rates established by law for the services of registers and receivers in furnishing exemplified copies of plats and other records of their offices, are entirely inadequate to meet the expense of like services when rendered by surveyors general, and it is therefore ordered that hereafter you will collect for such services the exact cost thereof, as nearly as may be, taking into account the value of the material, the time consumed, and the compensation of the employees doing the work. Inasmuch as the charges to be made for like services by the surveyor general of Louisiana are fixed by law (4 Stat. 494), the foregoing instructions do not apply to this office. Very respectfully, Approved. R. A. BALLINGER, Commissioner. FRANK PIERCE, First Assistant Secretary. [Reported, 38 L. D. 312] FEES-CERTIFIED COPIES OF RECORDS-REGISTERS AND RECEIVERS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., November 22, 1909. Registers and Receivers and United States Surveyors General. SIRS: The regulations contained in the circulars to surveyors-general of April 15, 1907 (35 L. D. 514), October 19, 1907 (36 L. D. 125), and February 21, 1908 (36 L. D. 282), as far as they prohibit the acceptance of personal fees for copies of records and require the preparation of such copies during office hours, are hereby extended to the offices of registers and receivers and you are advised that hereafter the performance of any service by you or by the employees of your offices for which personal remuneration or compensation is received is hereby prohibited, except as to cases where an officer or See circulars of Feb. 21, 1908, p. 1272, and May 26, 1911 (No. 19), p. 1274. |