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CHAPTER IV.

OF THE GENERAL LAND OFFICE.

316

Executive duties relative to public

lands subject to the supervision

of commissioner of land office 306 Principal clerk, of the public lands

and of private land claims-their duties

307 Duty of principal clerk of the surveys

308 - of the recorder of land office 309 - of solicitor-his salary . 310 President to appoint secretary to . sign patents

311 Commissioner to certify copies of

records to be used in evidence 312 Clerk of private land claims to per

form duty of recorder—when 313 Registers of land offices to make monthly returns to secretary of treasury and to commissioners of land office

314 Salaries of officers of land offices

and clerks-number of clerks 315 Repeal of former laws Time for which land office and other

offices shatt be kept open Officers of land office prohibited to

purchase public land-penalty Oath of officers

319 Seal of office-copies of records,&c. under seal to be evidence

320 Commissioner to take charge of cer. tain books and records

321 - to make plats of surveys, and

give information on the requisition
of president or congress

322 Warrants for military lands granted

by secretary of war-record to be made and patent issue from land office

323 Patents how issued-recorded, &c. 324 Returns relative to public lands to be made to commissioner

325

306. The executive duties now prescribed, or which may hereafter be prescribed by law, appertaining to the surveying and sale of the public lands of the United States, or in any wise respecting such public lands, and, also, such as relate to private claims of land, and the issuing of patents for all grants of land under the authority of the government of the United States, shall be subject to the supervision and control of the commissioner of the general land office, under the direction of the president of the United States.(1)

307. There shall be so appointed in said office two subordinate officers, one of whom shall be called principal clerk of the public lands, and the other principal clerk on private land claims, who shall perform such duties as may be assigned to them by the commissioner of the general land office; and in case of vacancy in the office of the commissioner of the general land office, or of the absence or sickness of the commissioner, the duties of said office shall devolve upon and be performed, ad interim, by the principal clerk of the public lands.(2)

308. There shall be so appointed an officer to be styled the principal clerk of the surveys, whose duty it shall be to direct and superintend the making of surveys, the returns thereof, and all matters relating thereto, which are done through the officers of the surveyor general ; and he shall perform such other duties as may be assigned to him by the commissioner of the general land office (3)

309. There shall be so appointed a recorder of the general land office, whose duty it shall be, in pursuance of instructions from the commissioner, to certify and affix the seal of the general land office to all patents for public lands, and he shall attend to the correct engrossing and recording and trans

(1) Act 4th July, 1836, sec. 1. (3) Ibid. sec. 2.

(3) Act 4th July, 1836, sec. 3.

mission of such patents. 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.(1)

310. There shall be so appointed an officer to be called the solicitor of the general land office, with an annual salary of two thousand dollars, whose duty it shall be to examine and present a report to the commissioner, of the state of facts in all cases referred by the commissioner to his attention which shall involve questions of law, or where the facts are in controversy between the agents of the government and individuals, or there are conflicting claims of parties before the department, with his opinion thereon; and also, to advise the commissioner, when required thereto, on all questions growing out of the management of the public lands, or the title thereto, private land claims, Virginia military scrip, bounty lands, and pre-emption claims; and to render such further professional services in the business of the department as may be required, and shall be connected with the discharge of the duties thereof.(2)

311. The president, by and with the consent of the senate, may appoint a secretary, with a salary of fifteen hundred dollars per annum, whose duty it shall be, under the direction of the president, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States.(3)

312. It shall be the duty of the commissioner to cause to be prepared, and to certify, under the seal of the general land office, such copies of records, books, and papers on file in his office, as may be applied for, to be used in evidence in courts of justice.(4)

313. Whenever the office of recorder shall become vacant, or in case of the sickness or absence of the recorder, the duties of his office shall be performed, ad interim, by the principal clerk on private land claims.(5)

314. The receivers of the land offices shall make to the secretary of the treasury monthly returns of the moneys received in their several offices, and pay over such money pursuant to his instructions. And they shall also make to the commissioner of the general land office, like monthly returns, and transmit to him quarterly accounts current of the debits and credits of their several offices with the United States.(6)

315. The commissioner of the general land office receives an annual salary of three thousand dollars; the recorder of the general land office, an annual salary of fifteen hundred dollars; the principal clerk of the surveys, an annual salary of eighteen hundred dollars; and each of the said princi. pal clerks, an annual salary of eighteen hundred dollars ; from and after ihe date of their respective commissions; and the said commissioner is authorized to employ, for the service of the general land office, one clerk, whose annual salary shall not exceed fifteen hundred dollars; four clerks, whose annual salary shall not exceed fourteen hundred dollars each; sixteen clerks, whose annual salary shall not exceed thirteen hundred dollars each; twenty clerks, whose annual salary shall not exceed twelve hundred dollars each ; five clerks, whose annual salary shall not exceed eleven hundred dollars each; thirty-five clerks, whose annual salary shall not exceed one thousand dollars each ; one principal draughtsman, whose annual salary shall not exceed fifteen hundred dollars; one assistant draughts

(1) Act 4th July, 1836, sec. 4.

2) Ibid. sec. 5. (3) Ibid. sec. 6.

(4) Act 4th July, 1836, sec. 7.

5) Ibid. sec. 8. (6) Ibid. sec. 9.

man, whose annual salary shall not exceed twelve hundred dollars; two messengers, whose annual salary shall not exceed seven hundred dollars each; three assistant messengers, whose annual salary shall not exceed three hundred and fifty dollars each; and two packers, to make up pack. ages of patents, blank forms, and other things necessary to be transmitted to the district land offices, at a salary of four hundred and fifty dollars each.(1)

316. Such provisions of the act of the twenty-fifth of April, one thousand eight hundred and twelve, entitled “An act for the establishment of a general land office in the department of the treasury,” and of all acts amendatory thereof, as are inconsistent with the provisions of this act, are repealed.(2)

317. From the first day of the month of October, until the first day of the month of April in each and every year, the general land office and all the bureaus and offices therein, as well as those in the departments of the treasury, war, navy, state, and general post-office, shall be open for the transaction of the public business at least eight hours in each and every day, except Sundays, and the twenty-fifth day of December; and from the first day of April, until the first day of October, in each year, all the aforesaid offices and bureaus shall be kept open for the transaction of the public business at least ten hours, in each and every day, except Sundays and the fourth day of July (3)

318. All and every of the officers whose salaries are herein before provided for, are hereby prohibited from directly or indirectly purchasing or in any manner becoming interested in the purchase of any of the public land; and in case of a violation of this section by such officer, and on proof thereof, being made to the president of the United States, such officer, so offending, shall be, forthwith, removed from office.(4)

319. The principal officer, and every other person to be appointed and employed in such office, shall, before he enters on the duties of his office or appointment, take an oath or affirmation, truly and faithfully to execute the trust committed to him.(5)

320. The commissioner shall cause a seal of office to be made and provided for such office, with such device as the president shall approve; and copies of any records, books, or papers, belonging to such office, under the signature of the commissioner, or when the office shall be vacant, under the signature of the chief clerk, and such seal shall be competent evidence in all cases in which the original records, books, or papers, could be evidence.(6)

321. He shall, forthwith after his appointment, take charge of such seal, and also of all records, books, and papers, remaining in the office of the secretary of state, of the secretary and register of the treasury, and of the secretary of war, touching or concerning the public lands of the United States; and the said records, books, and papers, shall be deemed the records, books, and papers, of the said office.(7)

322. He shall, when required by the president, or either house of congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands, and concerning the business of his office, as shall be directed.(8)

323. In all cases in which land has heretofore, or shall hereafter, be given

(1) Act 4th July, 1836, sec. 10.
(2) Ibid. sec. ii.
(3) Ibid. sec. 12.
() Ibid. sec. 14.

(5) Act 25th April, 1812, sec. 3.
(6) Ibid. sec. 4.
(7) Ibid. sec. 5.
(8) Ibid. sec. 6.

by the United States for military services, warrants shall be granted to the parties entitled to such land by the secretary of war; and such warrants shall be recorded in the land office, in books to be kept for the purpose, and shall be located as is or may be provided by law, and patents shall afterwards be issued accordingly.(1)*

324. All patents issuing from such office shall be issued in the name of the United States, and under the seal of such office, and be signed by the secretary of the president and countersigned by such commissioner, and recorded in such office, in books to be kept for the purpose.(2)

325. All returns relative to the public lands, heretofore directed to be made to the secretary of the treasury, shall hereafter be made to such commissioner, who shall have power to audit and settle all public accounts relative to the public lands: and he shall, upon the settlement of any such account, certify the balance, and transmit the account, with the vouchers and certificate, to the comptroller of the treasury, for his examination and decision thereon.(3)

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CHAPTER V.

OF THE DEPARTMENT OF WAR.

SECTION I.

Of the Secretary.

336

War department established-duties 326 Secretaries of war and navy to cause
Chief clerk-his duties

327 certain flags to be collected 335 Oath of officers

328 Disposition of such flags Secretary to have charge of certain Secretary of war to employ chief records 329 and other clerks-salary

337 Secretaries of war and navy to re- Salary of secretary

338 port to congress annual statements Commissioners of pensions-comof appropriations 330 pensation duties

339 - to estimate demands

331 Certain duties relative to pensions to render annual accounts of transferred from treasury to war expenditures from such estimates 332 department

340 - 10 render annual accounts of Vacancies in department, how supexpenditures made pursuant to

plied

341 appropriations

333 Secretary to report at each session - to cause balance of money of congress the names of certain drawn from treasury to be repaid 334 persons whose accounts have been

settled

342

ons

Art. 326. There shall be an executive department, to be denominated the department of war; and a principal officer therein, to be called the secretary for the department of war, who shall perform and execute such duties, as shall, from time to time, be enjoined on, or entrusted to him, by the president, agreeably to the constitution, relative to military commissions, or to the land forces, or warlike stores of the United States, or to such other matters respect.

(1) Act 25th April, 1812, sec, 7.
(2) Ibid. sec. 8. Act 4th July, 1836.

(3) Ibid. sec. 9.

ing military affairs, as the president shall assign to such department, or relative to granting of lands to persons entitled thereto for military services rendered to the United States, or relative to Indian affairs. He shall conduct the business of the department in such a manner as the president shall from time to time order and instruct.(1)

327. The secretary of the department of war shall appoint a chief clerk to be employed therein, as he shall deem proper, and who, when the secretary shall be removed from office by the president, or in other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers, appertaining to such department.(2)

328. The secretary, and every other person to be appointed or employed in his department, shall, before he enters on the execution of his office or employment, take an oath well and faithfully to execute the trust committed to him.(3)

329. The secretary shall have the custody and charge of all records, books, and papers in the office of secretary for the department of war, heretofore established by the United States, in congress assembled.(4)

330. The secretaries of the war and navy departments shall lay before congress on the first day of February of each year, a statement of the appropriations of the preceding year for their departments respectively; showing the amount appropriated under each, and the balance remaining unexpended on the thirty-first day of December preceding (5)

331. They shall estimate the probable demands which may remain on each appropriation; and the balance shall be deducted from the estimates of their departments for the service of the current year.(5)

332. They shall render, annually, accounts exhibiting the sums expended out of such estimates, and the balance, if any, which may remain on hand, together with such information connected therewith, as may be deemed proper.(5)

333. They shall severally report to congress on the first day of January, annually, a distinct account of the expenditure and application of all such sums of money, as may, prior to the thirtieth day of September preceding, have been by them respectively drawn from the treasury, in virtue of the appropriation law of the preceding year.(6)

334. They shall cause any balance of money drawn out of the treasury, which shall remain unexpended after the object for which the appropriation was made shall be effected, to be repaid to the treasury of the United States ; and such moneys, when so repaid, shall be carried to the surplus fund.(7)

335. They shall cause to be collected and transmitted to them, at the seat of the government of the United States, all such flags, standards, and colours, as shall have been, or may hereafter be, taken by the army and navy of the United States, from their enemies.(8)

336. All such flags, standards, and colours, now in the possession of such departments, and such as may be hereafter transmitted to them, shall be, with all convenient despatch, delivered to the president of the United States, to be, under his direction, preserved and displayed in such public place as he shall deem proper (9)

(1) Act 7th August, 1789, sec. 1.
(2) Ibid. sec. 2.
(3) Ibid. sec. 3.
(4 Ibid. sec. 4.
(5) Act May 1st, 1820, sec. 2.

(6) Act 3d March, 1809, sec. 1.
(7) Act May 1st, 1820, sec. 1.
(8) Act 18th April, 1814, sec. 1.
(9) bid. sec. 2.

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