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DUTIES OF REGISTERS AND RECEIVERS.
any drafts of the Treasurer in his favor received during the quarter, and any moneys received from the sale of specie boxes. He will debit the United States with the authorized expenses of depositing, with the authorized incidental expenses, and with the Register's and Receiver's salaries and commissions for the quarter. All payments except those to the Receiver himself, are to be sustained by the vouchers of the parties to whom they are made; and in charging his mileage for making deposits, the affidavit of the Receiver must be furnished that he actually, in person, made the journey charged for, and that the distance is correct.
SALARIES AND COMMISSIONS OF THE REGISTER AND RECEIVER.
Unless otherwise specially provided by law in particular cases, the Register and Receiver are each entitled to salaries at the rate of $500 per annum, to begin when they actually enter upon the discharge of their respective duties. (No. 268.) They are entitled, also, to charge a commission of one per cent. on moneys received from the sale of lands, and upon the value of lands located with military bounty land warrants, estimated at $1.25 per acre; but the gross amount of commissions received by either of them, is not to exceed $2500 for any calendar year, commencing with the date when they enter upon the actual discharge of their duties, to be charged at a rate not to exceed $625 per quarter. See act, February 2, 1859, (No. 348.) It has been decided, however, that if the sales and locations during any one quarter are so great that the commission of one per cent. upon them would amount to over $625 per quarter, the excess may be used to make up the deficiency in any of the other quarters of the same calendar year.
By the Act of March 3, 1855, (No. 276,) Registers and Receivers are entitled, also, to a commission of one per cent. on the difference between the amount received for lands sold at graduated prices, and the estimated value thereof at $1.25 per acre; subject, however, to the before-mentioned proviso, that the whole amount of commissions received during any one year does not exceed $2500.
The Register is entitled to receive his commissions at the close of each quarter; but the Receiver is only entitled to receive at the close of the quarter his commissions on lands located by warrants, and his commission on the difference between the amount received for graduated lands, and the estimated value thereof; but his commissions on lands sold, can only be charged when he has debited the United States, by payments in their behalf, with the moneys received for such sales. They are each entitled to exactly the same amount of commissions; and, it follows therefore, that in charging commissions on moneys debited to the United States, the Receiver will not charge a commission on such as result from the Register's and Receiver's fees for locating military bounty land warrants.
The Register and Receiver, at the land offices in California, are each entitled to a salary at the rate of $3000 per annum, but to no commissions of any kind.
The Register and Receiver at the land offices in Oregon, and the territories of Washington and New Mexico, are each entitled to a salary of $2500 per annum, but to no commissions; except that at the office at Santa Fé, New Mexico, the Register and Receiver are each entitled to commissions at the rate of $500 per annum; it being provided that their compensation shall not exceed $3000 per annum.
The Registers and Receivers (except those in Oregon and Washington Territories) are each entitled to charge a fee of fifty cents upon all preemption cases, to be paid by the pre-emptor,—the Register's fee, when the
declaratory statement is filed, and the Receiver's, when the case is proved. up.
At the offices in Oregon and Washington, however, the Register and Receiver are not entitled to any fees in pre-emption cases, it being provided by law that in addition to their salaries, they "shall be entitled to no fees or emoluments of any kind whatsoever, except the Receiver's actual and necessary expenses of depositing." But as the pre-emption act of 1841, (No. 48,) provides for the payment of these fees by the pre-emptor, they will be collected by the Receiver and returned to the credit of the United States, in his monthly and quarterly accounts current.
The Disbursing Agent cannot take moneys from his hands as receiver, and apply them to this account, without a warrant of the treasury. The moneys required for the expenses of each quarter, must be estimated for in a quarterly estimate furnished to the Commissioner of the General Land Office; who, upon that estimate, requests of the Secretary of the Interior a requisition on the Treasury for the amount deemed necessary.
In a case where a new bond is required from the Disbursing Agent, he is to furnish, under his old bond, an account of all transactions for the fractional quarter ending with the day preceding that of his new bond. If a balance is found due the United States, under his old bond, that account will be closed by debiting the United States with the amount under the head of "To Cash Transferred," and the same amount will be credited the United States in the account under his new bond (commencing at the date thereof) under the head "By Cash Transferred." But if a balance be due the Disbursing Agent, no transfer will be made, but a draft will be sent to him for the amount so found due.]*
* The following Act of Congress, relating to the duties of Receivers, is inserted here for convenient reference.-An Act to amend an act entitled "An Act to provide for the better Organization of the Treasury, and for the Collection, Safe-keeping, Transfer, and Disbursement of the Public Revenue." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue, approved August sixth, eighteen hundred and forty-six, be and the same is hereby so amended that each and every disbursing officer or agent of the United States, having any money of the United States entrusted to him for disbursement, shall be and he is hereby required to deposit the same with the Treasurer of the United States, or with some one of the assistant treasurers or public depositaries, and draw for the same only in favor of the persons to whom payment is to be made in pursuance of law and instructions; except when payments are to be made in sums under twenty dollars, in which cases such disbursing agent may check in his own name, stating that it is to pay small claims.
SEC. 2. And be it further enacted, That the Treasurer of the United States, assistant treasurers, and public depositaries shall safely keep all moneys deposited by any disbursing officer or disbursing agent of the United States, as well as any moneys deposited by any receiver, collector, or other person which shall be the moneys of or due or owing to the United States, and for a failure so to do shall be held guilty of the crime of embezzlement of said moneys, and subject to the punishment provided for embezzlement in the act to which this is an amendment.
SEC. 3. And be it further enacted, That it shall be the duty of each and every person who shall have moneys of the United States in his hands or possession to pay the same to the treasurer, the assistant treasurer, or public depositary of the United States, and take his receipt for the same, in duplicate, and forward one of them forthwith to the Secretary of the Treasury, and for a failure to make such deposit, when required by the Secretary of the Treasury, or any other department, or the accounting officers of the treasury, the persons so failing shall be held guilty of the crime of embezzlement, and subject to the punishment for that offence provided in the act to which this is an amendment.
Approved, March 3, 1857.
CIRCULARS OF INSTRUCTION.*
Circular to Registers of the United States Land Offices.
Gentlemen :—The neglect of some of the land officers to call on the Surveyors General for subdivisions of fractional sections, when rendered necessary by applications of purchasers, has occasioned much delay at this Office in issuing patents, and adds unnecessarily to the correspondence. The purchasers justly complain of the delays arising from this cause of suspension, and I have therefore to request that you will furnish the Surveyor General with lists of such sections, or parts of sections, as have been sold and still require subdivision plats under his hand to complete the plats in your respective offices.
Your attention is particularly called to the direction contained in the last clause of the circular of instructions from this Office to the Registers and Receivers of the 8th May, 1832, (Laws and Instructions, part II, page 565,) which requires that the Register shall furnish the Surveyor General with a schedule of the fractional sections to be subdivided; and you are requested hereafter to call upon that officer, from time to time, for such subdivision plats as shall be required, instead of making the subdivisions yourselves, which practice must be discontinued.
A copy of this circular has this day been sent to each Surveyor General, with instructions to secure their prompt co-operation. I am, very respectfully, your obedient servant,
Circular to Receivers of public moneys, respecting charges for mileage and risk in making deposits and charges for transportation of specie to the place of deposit.
GENERAL LAND OFFICE,
Sir-It is deemed important to consolidate into one general letter of instructions the regulations prescribed by the Treasury Department, under the provisions of the act of Congress approved 22d May, 1826, entitled "An act to compensate Receivers of public moneys for transporting and depositing the same."
In virtue of the authority vested in the Secretary of the Treasury by the act above mentioned, he issued a circular on the 1st of May, 1831, which contained the following instructions as to the compensation to be allowed Receivers for depositing public moneys, viz:
["As a compensation for their expense and labor in the performance of this duty, they will be entitled to receive for every mile travelled from
* Where other Circulars are referred to than those contained in this Title, they may be found in their appropriate places in other Titles, unless they have been superseded, or are not of sufficient importance to insert here; those may be found in Part II., of " Opinions and Instructions."
+ Modified by Circulars of June 28, and July 18, 1854, (No. 377.)
their respective offices to the bank of deposit and returning, computing the distance by the nearest route to the nearest office in which their deposit will be received as cash, if by land, at the rate of twelve and a half cents per mile; if by water, six cents per mile; with such additional allowance for the transportation of specie as will remunerate them for the increased expenses attending such transportation. Claims for such additional allowances for the transportation of specie must be supported by satisfactory vouchers.
"As a compensation for the risk incurred, there will be allowed a percentage of the one hundredth part of one per cent. on the amount deposited for every ten miles of distance between the Land Office and place of deposit by the nearest route."
The Secretary of the Treasury, in a Circular of the 15th March, 1844, modified the above instructions, in part as follows, viz:
"The circular from this Department, under date of May 1, 1831, prescribing the rates of compensation to Receivers of public moneys for making deposits, is hereby so modified, in cases of deposit, made after the receipt of this circular, as to allow Receivers who transport the public moneys by water to the place of deposit, whenever that route affords the best facility for such transportation, as a compensation for risk incurred, one hundredth part of one per cent. on the amount deposited, for every ten miles of distance between the Land Office and place of deposit by the route actually so travelled-the rate of compensation prescribed by the circular aforesaid, in other respects, to remain unchanged.]
"Whenever a Receiver makes a charge in his accounts, under this circular, he will be required to forward a certificate of the Register of the Land Office that the said charge is reasonable and proper.”
The circular of the Secretary of the Treasury of the 19th June, 1844, to Receivers of public moneys, further directs:
"That whenever you make a deposit of public moneys, you will obtain triplicate receipts from the cashier of the bank wherein the deposit is made, specifying over his own signature, either by endorsement or on the face of such receipt, the amount of gold and silver included in such deposit; one of which receipts you will retain, one you will transmit to this Department, and the third you will forward with your appropriate account current to the Commissioner of the General Land Office, as a voucher, to enable the accounting officers to regulate the allowance for depositing specie. "In charging your expenses for the transportation of specie to the place of deposit, you will transmit to the Commissioner of the General Land Office, vouchers for all payments made by you, supported by your affidavit that they are just and true, and the certificate of the Register that, in his opinion, such charges are reasonable.
"If the water route affords the best facility for such transportation, you are authorized to take it, and charge for risk as prescribed by the circular from this Department of the 15th March last; and in all such cases you will transmit with the appropriate account the certificate of the Register that the water route does afford the best facility for making such deposits, that the distance charged for is correct, and that all the charges incident thereto are reasonable and proper."
As the foregoing instructions contained in the several circulars of the Secretary of the Treasury of the 1st May, 1831, and 15th March and 19th June, 1844, do not appear to have been fully understood and complied with by the receivers of public moneys, it has been deemed advisable to issue this circular explanatory of the same, which, it is requested, will, after the date of its receipt by you, govern and regulate your charges for
making deposits of public moneys, and also your charges for the transportation of specie from the Land Office to the place of deposit.
*[1. As a compensation for the expense and labor of making a deposit, you will be entitled to receive for every ten miles travelled from the Land Office to the place of deposit which has been, or may hereafter be designated by the Secretary of the Treasury, computing the distance by the best and most usual route travelled, if by land, at the rate of twelve and a half cents per mile, going and returning; and if by water, at the rate of six cents per mile, going and returning.]
[2. As a compensation for risk incurred in making the deposit, there will be allowed you a per-centage of the one hundredth part of one per cent. for every ten miles of the distance travelled between the Land Office and place of deposit. If the water route is the cheapest, and affords the best facility of reaching the place of deposit, when conveying the public moneys, you are authorized to adopt it, and to charge for risk, as above mentioned, according to the distance by that route; and in all such cases you are required to transmit, with the appropriate account in which the same shall be debited, the Register's certificate that the water route so travelled is the cheapest, and does afford the best facility for making the deposit, and that the distance charged for is, in his opinion, correct.]
3. Whenever you make a deposit of public moneys, you will obtain triplicate receipts from the cashier of the bank wherein such deposit is made, specifying on the face of the receipts, or by endorsement on the same, over his signature, the amount of gold and silver, respectively, included in such deposit; one of which receipts you will retain, one you will transmit to the Treasury Department, and the third you will forward to the Commissioner of the General Land Office, as a voucher.
TRANSPORTATION OF SPECIE.
The compensation that will be allowed you for the transportation of specie from the Land Office to the place where you have been, or may hereafter be directed by the Secretary of the Treasury to deposit public moneys, will be confined to the actual expenses paid by you for the use of the wagon, team, and driver, when the specie is transported by land, or for the sum paid as freight on specie conveyed by steamboat, or for both, as the case may be, when specie is transported a part of the distance by land, and a part by water; and it is enjoined upon you to procure the transportation of the same, whether by land or water, on the most economical
In special cases, where the amount of specie transported is large, and causes exist which make the transportation hazardous unless protected, a reasonable per diem allowance will be made for the employment of a guard. Of the necessity of such protection, however, the most satisfactory reasons must be adduced in every instance. Your own representation of such necessity should be corroborated by that of the Register and other wellknown individuals, in whose statements confidence can be placed.
In order that the Department may be possessed of the best evidence of the correctness of your charges in all such cases, you will strictly observe the following instructions, viz:
1. If a wagon, team, and driver be employed for the transportation of the specie, you will forward, with the appropriate account, a receipt signed
* Modified by Circular of July 18, 1854, fixing the mileage at ten cents per mile, whether by land or water.
† Obsolete. See Circular of July 18, 1854, (No. 377.)