RELINQUISHMENTS AND RECONVEYANCES CIRCULAR No. 17 INSTRUCTIONS RE DISPOSITION OF TENDERED RECONVEYANCES OF PATENTED LANDS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., May 19, 1911. Registers and Receivers, United States Land Offices. SIRS: It has been brought to the attention of this office that in certain instances deeds of reconveyances or relinquishments are submitted to local land officers by persons holding title to lands by patent from the Government. In such cases the local land officers transmit these deeds or relinquishments, after noting them upon the records of their office. Upon examination of the records in this office it is found that in most instances the lands relinquished or reconveyed are the subject of a suit to cancel patent brought upon the recommendation of this office by the Department of Justice. In order that the practice in such instances may be uniform, it is directed that whenever relinquishments or deeds of reconveyance of patented lands are tendered to you, that you forward them at once to the proper chief of field division, with a statement of the circumstances under which the deeds or relinquishments were received by you. Under no circumstances, should you make notation of the reconveyance or relinquishment of such patented lands, nor allow any change in the status thereof, until advised by this office. Very respectfully, FRED DENNETT, Commissioner. CIRCULAR No. 81 CONDITIONAL RELINQUISHMENTS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, February 13, 1912. Registers and Receivers, United States Land Offices. SIRS: By direction of the Secretary of the Interior you are advised that the practice now prevailing in some local offices of allowing the filing of a conditional relinquishment of an entry or claim subject to the allowance of an accompanying application for the land involved must be discontinued. Accordingly you will advise all such parties that hereafter (except as noted below), the filing of a relinquishment of an entry or claim will be treated as absolute, the cancellation thereof at once noted of record, and the tract embraced therein will be subject to disposition under existing laws. The only exceptions to this rule are relinquishments of approved rights of way, conditioned upon the approval of a subsequent application, filed as an amendment to the approved right of way, or as an independent application, but conflicting in whole or in part with the approved right of way. Such relinquishments should not be noted until you are advised of their acceptance by this office. Many applications for amendment of entries are accompanied by relinquishments of the tracts sought to be excluded. This is unnecessary, and you should advise such applicants that if the relinquishment is filed it is your duty to at once make the same of record. Respectfully, FRED DENNETT, Commissioner. [Reported, 48 L. D. 629] CIRCULAR NO. 820 INSTRUCTIONS-RELINQUISHMENTS WITH REPAYMENT CASES DEPARTMENT OF THE INTERIOR, Registers and Receivers, United States Land Offices. SIRS: In departmental instructions of March 30, 1922, it is directed that a relinquishment filed in support of an application for repayment, pursuant to the provisions of the act of June 16, 1880 (21 Stat. 287), and the regulations thereunder (45 L. D. 520), should be treated as absolute and the entry canceled thereupon and the land involved opened to settlement and entry without further action, in conformity with the rule as enunciated in instructions of January 31, 1912 (40 L. D. 397), regardless of whether or not the repayment claim should be subsequently allowed or denied, thereby overruling the decision in the case of Peter A. C. Hausman (37 Ľ. D. 352), so far as it conflicts with said instructions. It is to be noted that departmental instructions of March 30, 1922, apply only to cases wherein the entry shall have been relinquished in its entirety. Said instructions in no wise modify paragraph 15 of the repayment regulations of October 25, 1916 (45 L. D. 520, 522). which paragraph relates solely to applications for repayment of moneys paid in connections with commutation entries, final homestead entries, final desert-land entries, and other final certificates where it is the intention of the applicant for repayment to merely suffer cancellation of the final entry, leaving the basic entry intact subject to future compliance with the public land laws. Very respectfully, Approved April 12, 1922. See Circular No. 513, p. 1285. WILLIAM SPRY, Commissioner. E. C. FINNEY, First Assistant Secretary. See Circular No. 81, 1283. REPAYMENTS [Reported, 45 L. D. 520] CIRCULAR No. 5131 INSTRUCTIONS GOVERNING REPAYMENTS DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., October 25, 1916. Registers and Receivers, United States Land Offices. SIRS: The following regulations and instructions governing the repayment of moneys received by the Government and covered into the United States Treasury, in connection with the disposal or attempted disposal of the public lands, are promulgated for your guidance and the information of the general public. In addition to the provisions of sections 2362 and 2363, United States Revised Statutes, it will be observed from the laws printed in full as an appendix to this circular, that the general laws providing for the return of such moneys are contained in the acts of June 16, 1880 (21 Stat. 287), and March 26, 1908 (35 Stat. 48). You will strictly observe and enforce the instructions herein contained. APPLICATIONS 1. The following form of application for repayment is intended to cover every class of claims arising under the provisions of said acts, but the form may be modified by striking out such portions thereof as may be irrelevant to the particular claim presented: The COMMISSIONER OF THE GENERAL LAND OFFICE: I hereby make application for the repayment of such amount of money as may be found due, paid in connection with No. (Kind of application, etc.) range issued at dated for the me ---8 ridian, as per receiver's receipt No. which is surrendered herewith; and on oath declare that I am the same (or legal representative of the) person who made said payment and that there was no fraud or attempted fraud in connection with the effort to obtain title to the land described; that I have not sold, assigned, nor in any manner encumbered the title to the land described; and that the same has not become a matter of record. 2. The affidavit necessary to an application for repayment may be made before either the register or receiver, or any officer authorized to administer oaths and using a seal. 3. When made before a justice of the peace, a certificate of official character is required. ACT OF JUNE 16, 1880 FEES, COMMISSIONS, EXCESSES, ETC. ON FRAUDULENT AND VOID ADDITIONAL SOLDIERS' AND SAILORS' ENTRIES 4. Section 1 of this act authorizes the repayment of the fee, commissions, and excess payments required upon the location or entry of soldiers' and sailors' additional homestead rights, which locations or entries are found to be based upon spurious or forged papers and the entries are canceled as fraudulent and void. 5. Under this section repayment can be made only to the "innocent parties" who paid the moneys, and in order to present a claim thereunder it is necessary that the receipts issued to the claimant be surrendered as a part of the application for repayment. 6. In case the receipts can not be surrendered, an affidavit explaining the loss or destruction of the same is required, together with evidence to show that the moneys applied for were paid by the applicant. 7. The applicant will be required, in all cases where the void location or entry is made in the name of the original entryman, to furnish the power of attorney, or certified copy thereof, authorizing the applicant to make the additional entry; or furnish such other authenticated evidence as may be produced to show that the applicant is in fact the party who made the void additional entry and paid the moneys in connection therewith. 8. A concise statement, in the form of an affidavit, should accompany these applications for repayment, setting forth all the facts and circumstances in connection with the procurement and use of the fraudulent papers upon which the canceled entry was based, together with such other proof as may tend to establish the innocence of the applicant. ON ENTRIES CANCELED FOR CONFLICT OR WHERE THE SAME HAVE BEEN ERRONEOUSLY ALLOWED AND CAN NOT BE CONFIRMED 9. The first clause of section 2 of this act provides for the repayment of fees, commissions, purchase money, and excesses paid in connection with entries of the public lands that have heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry was erroneously allowed and can not be confirmed. This clause directs that said moneys shall be repaid to the person who made such entry, or to his heirs or assigns, and it requires the surrender of the receipts issued and the execution of a proper relinquishment of all claims to the lands acquired under the invalid entry. 10. Claims for repayment should be made on Form 4-109, or the equivalent thereof, which application must contain an affidavit stating that the title to the land under the invalid entry has not been sold or assigned and that the same has not become a matter of record. 11. In cases where the entry has been made a matter of record, in the archives of the county recording officer, there should be added to the form of application (4-109) the words "except as shown by accompanying evidence," in which event the evidence hereinafter required must be furnished. 12.2 A duly executed relinquishment must be furnished by the applicant in the following or equivalent form: 19--. I hereby relinquish to the United States all my right, title, and interest in and to entry No. made at described as follows: meridian. the land being (Name land office where entry was made) range 13. This relinquishment may be acknowledged before the register or receiver or before any officer authorized to take acknowledgments. 14. If acknowledged before a justice of the peace, a certificate of official character is required. 15. In cases of commutation homestead entry, final homestead entry, final desert-land entry, and other final certificates, which are canceled, leaving the original entry or base intact, subject to future compliance with the requirements of law, a reservation should be incorporated into the relinquishment to the effect: "But excepting from the operation of this relinquishment all my rights and. title to the described land under original entry No. 16. The receipts, showing the payments of the moneys claimed, must be surrendered and also the duplicate certificates; but if the same have been lost or destroyed, an affidavit stating the facts must be furnished. FINAL ENTRIES 17. With applications for repayment of the moneys paid upon canceled commuted homestead entries, final homestead entries, final desert-land entries, mineral entries, coal-land entries, and other final entries, the receiver's receipt and the duplicate certificate of entry, whenever such has issued, should be surrendered. 18. In case the receipt or certificate can not be surrendered or has been lost or destroyed, a certificate will be required from the proper recording officer of the county within which the land is situate, showing that the same has not become a matter of record and that there is no encumbrance of the title to the land thereunder. 19. A recorder's certificate must be furnished, as above, (a) in all cases where the application for repayment is made by another than the original entryman, and (b) in all cases where the claim is based 3 See Circular No. 820, p. 1284. |