The Worthington advance., 1879-06-05
NEW Law ON PROVING UP.
Neso Requirement az to giuina Notjcs qf
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Neso Requirement a. to giUinq Not3cs a.
I'stentign4 esprope W, ~ and
Pree1pt;o'Cqafms. &
u IctRcULAM] < (
Department o< hs1ntes3or, IA .sg:sss gssss
GENERAL LAND OFFICE
WASHINGTON. D. g., April Is, II.
Registers and Receivers,
u. :. District Land Offices.
Your attention /, called 70 th,, rro. j, !.
visions Of the act Of Congress entitled
IAN Act to provide additional re3ula-
tions sfor l,omeateadi aud 'pre.emptio ion
entries Of public lands, " approved Mar,
3, 1879, copy herewith. 1853
Hereafter no person claiming to enter
public land under the homestead and
pre.emption laws will be permitted to
make Anal proof until notice has beon
given as required by sald act. 80: /
Any settler desiring to make final
proof must first file with the register Of
the proper land Office q written nOtlce
of his intention to make final proof.
Such notice must describe tho land
claimed, and the claimant must give
the names and residences of the wit
nesses by whom the necessary facts "a
to settlement, residence, cultivation,
ETC., are to be established. SEQ Form
The filing of such notice must be &C.
companied by g. deposit Of sufficient
money to pay the cost Of publishing
the notice to be given by the register.
Upon the filing of the notice by the
applicant, the register shall publish 4
notice of such application once each
week for a period of thirty days, in 4
newspaper which he shall designate, by
an order written on said application, as
published nearest the land described in
the application, and he shall also post
said notice III some conspicuous place
in his Office for the same period. A
compliance with the law viii require
the notice to he published weekly Eve
times, because four weekly publications
would not cover period of thirty days.
The notice to be given by the regis
ter must state that application to make
final proof has been filed; the name Of
the applicant the kind ofentry, whether
homestead or pre-emption; q description
of the land, and the names and resi-
dences of the witnesses as stated in the
application. (See Form No. 2)
To save expense, the register may
embrace two or more cases in one pub
lication, when it can he done consist
emily with the legal requirements OF
publication, in q lie wspxlser published
nearest the land, as per attached Form
No. 3.
When proof is fled that notice has
been given i'll the manner and for the
time req uired by said act Of Congress,
the applicant will he entitled to make
final proof as provided by the laws in
force at the date of the approval Of said
act.
The proof that requisite notice has
been given will be the certificate of the
register that the notice Of the applica-
tion Ia copy of which should be annexed
to the certificate) WAS posted by him in
a conspicuous place in his Office for \
period Of thirty days; and the affidavit
of the publisher or foreman Of the news
paper that the notice "a copy of which
notice must be annexed to the affidavit)
was published in said newspaper once
each week for five successive weeks.
The proof Of the publication and post
ing of the notice must I've filed and pre-
served by the register, to be forwarded
to this Office with the final papers when
issued.
The notices, atfidavits. certificates,
ETC., required under said act should, in
form, he substantially like the forms
hereto appended.
Very respectfully.
J. A. WILLIAMSON,
Commissioner.