The Kansas herald of freedom., 1857-09-19
Circular Respecting Fees for Prs-EnpHon Sale.
or Locations
GENERAL LAND OFFrcE.I

GENERAL LAND OFFIcEI
November ~, 1856.
GESTLEMEN:-It has been represented
to this Office. that practice now exists
at some of the local land offices of MAKING
out, Or preparing, pre-emption papers
and charging money for the service. ana
such charges bare been made the subject
Of complaint 1t is therefore deemed
proper to issue the following instructions:
1St. Any such charges are without
AUTHORITY OF LAW, and AGAINST THE
ORDERS of the Department 1t is proper.
however, to add, that the duties 81 tbs
local land Offices which are prescribed by
law and instructions, do not. enioin upon
the Register and Receiver the making out
or preparation of papers for claimants
that being matter to be attended TO by
the pre-emptors themselves,-yet it is
the desire of the Department that all res-
sonable facilities and information shall ba
given by the Register and Receiver to
parties, to enable them properly to pre-
pare and present their claims for your off,
c;al action thereon. For such eiiicial ac
! ton, however, you have legal right TO
fee in virtue of the 18th section of the
pre-emption act of the 4th of September,
1871, which declares that each officer is
entitled to receive FIFTY CENTS for his
services in acting upon each case of pre-
emption; but rs, in many instances, the
parties do nothing more than BE tie
''notice'' required By law, this Office mas
| long since determined that there is no
objection to the Register receiving his fee
1 (ffty cents) at the time of filing such
notice, making subsequently no further
charge, but that, as the Receiver has no
labor in the case until the proof is filed
and submitted for his action, the latter
officer has no right to the fee Until he
shall be called upon to perform the duty
for which payment is provided.
2d. By the I'd section of the act of ed
March; 1852, chap. 10, Registers and fe-
ceivers are authorized TO charge and re-
ceiye the same compensation or percent
age for their services in locating all Mill
tary Bounty Land Warrants issued since
tho 11th February, 1647, as they are en-
titled to, by law, for the sales of the pub
lie lands for CASH, at the rate of one dol
lar and twenty-five cents per acre"
; General Land Office Bounty Land cir
cular of Sd May, 1855, contains the tariff
in each case allowed for locations Of such
warrants; which, of course, embraces the
locations of pre-emptors.
The following fees are chargeable by
the land officers, and the several amounts
must be paid at the time of location:
For 40 acre warrant, so cents each to the
Register and Receiver total 81 D1
5 For 40 acre warrant, 75 cents / 90
FOra an so acre warrant, dollar GO
For 120 acre warrant, 81 90 :. 0C
5 For $50 acre warrant. S2 %
81. By the act of 10Th June, 1910
chap. s., the district land officers are re.
quired to administer any oath, requisite
under law, in connection with the entry
or purchase of any tract of land; but it IS
thereby declared that they "shall bot
directly or Indirectly, charge or receive
any compensation for administering sucl
: oaths"
You are requested to acknowledge tht
receipt of this communication, and enjoin
ed strictly to observe its requirements.
Very respectfully, your ob't serv'b
THOs. A. HENDRICKS,
Commissioner, Register and Receiver