43 U.S.C. § 107 — Penalty for false information

Page 35 TITLE 43—PUBLIC LANDS § 123 fore the same officer: Provided, That he shall, be- fore taking of the depositions in the first in- stance is entered upon, give notice to the oppos- ing party, or any agent or attorney representing him in the taking of said depositions of his in- tention to do so. (Jan. 31, 1903, ch. 344, § 5, 32 Stat. 791.) § 107. Penalty for false information If any person applies to any officer designated by the Secretary of the Interior to enter any land whatever, and the officer knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the person so applying to enter the same, such officer shall be liable therefor, to the per- son so applying, for $5 for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount. (R.S. § 2247; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION R.S. § 2247 derived from act July 4, 1836, ch. 352, § 13, 5 Stat. 112. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. References to ‘‘register’’ changed to ‘‘officer des- ignated by the Secretary of the Interior’’ and ‘‘officer’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. CHAPTER 5—LAND DISTRICTS Sec. 121. Discontinuance of land offices by President. 122. Discontinuance of land offices by Secretary of the Interior. 123. Continuance of land offices when required by public convenience. 123a. Continuation of existing land districts and of- fices in Alaska; change of district bound- aries, or discontinuance of districts; des- ignation and location of land offices. 124. Consolidation of land offices. 125. Annexation of discontinued district to adja- cent district. 126. Change of location of land offices. 127. Change of boundaries of land districts. 128. Division or change of boundaries; continu- ance of business of original district. 129. Office rent and clerk hire for consolidated land offices. 130. Entry of public lands in States where no land offices exist. § 121. Discontinuance of land offices by President Upon the recommendation of the Secretary of the Interior, the President may order the dis- continuance of any land office and the transfer of any of its business and archives to any other land office within the same State or Territory. (R.S. § 2252; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION R.S. § 2252 derived from act May 30, 1862, ch. 86, § 5, 12 Stat. 409. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. Words ‘‘the Commissioner of the General Land Office, approved by’’ omitted on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of author- ity vested in President by this section, see Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. § 122. Discontinuance of land offices by Secretary of the Interior Whenever the quantity of public land remain- ing unsold in any land district is reduced to a number of acres less than one hundred thousand, it shall be the duty of the Secretary of the Inte- rior to discontinue the land office of such dis- trict; and if any land in any such district re- mains unsold at the time of the discontinuance of a land office, the same shall be subject to sale at some one of the existing land offices most convenient to the district in which the land of- fice has been discontinued, of which the Sec- retary of the Interior shall give notice. (R.S. § 2248.) Editorial Notes CODIFICATION R.S. § 2248 derived from act June 12, 1840, ch. 36, § 2, 5 Stat. 385. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. § 123. Continuance of land offices when required by public convenience The Secretary of the Interior may continue any land district in which is situated the seat of government of any one of the States, and may continue the land office in such district, not- withstanding the quantity of land unsold in such district may not amount to one hundred thou- sand acres, when, in his opinion, such continu- ance is required by public convenience, or in order to close the land system in such State. (R.S. § 2249.) Editorial Notes CODIFICATION R.S. § 2249 derived from act Sept. 4, 1841, ch. 16, § 7, 5 Stat. 455.