Delta chief., 1884-12-10
INTERESTING TO SETTLERS.
How to Rectify Mistakes Made In Fill
Ing DeclaratOry Statements.
DEPARTMENT OF THE INTERIOR,
----- EIc L Ii ALIcIL,Ic

DEHARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, ID. c., Oct. %, 1884.
Registers and Receivers, U. s. Land Offices:
Gentlemen-The very large number of ap-
plications for change of entry and filings and
for new entries and filings under the pre-
emption, homestead, timber culture and 9TH
er acts, render it necessary oadvise you that
the allowance of such applications is, as a
rule, without authority of law.
1T occasionally happens that an error has
been made in the description, Of land applied
for, but that such error is as universal as
would be implied by the frequent applica-
tons for II change to another tract is not to
be presumed. iE 5-y
You will exercise the greatest care and dis
crimnation in accepting such applications,
and you will hereafter III every ease require
applicant to prove that the tract was erron-
eolisly entered by n mistake of the true NUM-
bers of the tract intended to he entered, and
that every reasonable precaution and excrtion
had been used to avoid the error, and show
ing particularly how the same occurred.
IOu will require corrobnrative testimony
upon these points. The niiilavit of the party
in interest, ,uncorroborited by other testinlo-
ny! will not be deemed sufficient.
You will also require satisfactory evidence,
by sufficient affidavit or afiilavtS, that apIli.
cant has not assigned, transferred, sold, or
disposed of, nor agreed to SELL assign or
transfer, or dispose of any right interest
under said alleged erroneous entry or filing,
nor received or been promised any consider
ton whatever for abandoning said land or
for rclinquishing his title Thereto and that
he has not executed any re!inquishmdrt t
thereof, nor agreed to do 50, n d that his np
plieati"n for a change of entry is not made
fortne purpose of enabling any other person
to enter the originally entered tracts.
In the case of a presumption entry or filing.
or a homestead entry made upon allegation
of existing residence upon allegation Of ex-
i>ting residence upon the land, applicant will
he required to prove to vour satisfaction that
he was actually residing upon the tract To
which change is desired, Mt the date of such
filing, or entry and that he intended to enter
that land, and did not know that his applc,
ton or filing embraced other or different
land.
You are authorized to reject applications
for insufficient proof, or when you are satis-
fed that the same is not made in good faith
or that no actual mistake has occurred. If
appeal is taken you will transmit the tcsti
mony with your opinion in writing. In all
cases YOU will transmit the testimony toee,h-
er with your written joint opinion both as TO
the existence of the mistake an; the credibil-
ity of each person testifying, and your ree-
concentrations in the ease.
You will bear in mind that everyperso is
restricted by law to one entry under the pre-
emption. homestead. timber culture, timber
land and desert land laws.
Applications for second entries or filings
or changes amounting to second entries or
filings under these laws should not be allow.
ell where the defect in the original entry or
filing was one that the party himself might
have avoided bv The exercise of due dill
gene. and proper compliance with law. Nom
compliance with law or alleged Ignorance or
msinformation in regard to the requirements
of the public land laws, or want of proper
examination of the land, or the alleged ex-
istence of prior adverse claims Of which the
subsequent entryman had notice, or was
bound to fake notice. nre not valid reasons
for cnange of entry or for the allowance of
new or second entries or filings for different
land
The existence of prc-emption filing or de-
clarat6ry statement for tract of land. proof
having not been made. is not II bar 10 the
entry of the land by any other person. and is
not sufficient ground upon which to base an
application for II change of entry or for n
new entry of other land by party who has
made entry over such u filing. lom will not
receive or transmit to this office applications
Grsed upon that ground. t34
Second pre-cinption filings for different land
are not permissible when the land originally
applied for was subject to pre-enptinn at date
of filing and applications for such second
filings will not be received or transmitted.
Very respectfully,
l.. HARRISON. Acting Commissioner.
Approved October %, 1884
NJ. l.. JosLYN, Acting Secretary.