Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-11-27


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Department Decisions
'nds and Practice before
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he'd "Land Department, in which will be
. and such rulings of the department as may be
terest to attorneys practicing before U. s. Land
dence and cultivation, Upon receipt
of this notice the register will then
issue and publish notice naming
the time, place, and the officer before
! whom proof is to be taken. On the
date named in the notice the entry
man must appear before the officer
designated to take the proof with at
least two of the witnesses named in
the notice, and there give their testi-
mony. If for any reason the entry
man and his witnesses are not able
to appear before the officer on the
date named, the officer should con-
tinue the case from day to day until
the expiration of ten days, and the
proof may be taken on any day with
in that time when the entryman and
his witnesses appear, but they should,
| if it is at all possible to do so, ap-
pear on the date named in the notice.
Entrymen are advised that they
| should, when ever it is possible to do
SO, offer their proofs before the regis
ter and receiver, as it may be found
necessary to refer all proofs made be-
fore other officers to special agent
for investigation and report before
they can be finally approved and
patent ISSUED thereon, while, If made
before registers and receivers, there is
less likelihood of this being done,
and there is less probability of the
proofs being incorrectly taken. BY
making proof before the register and
receiver, entrymen will also save the
fees which they would be required to
| pay other officers, as they are re-
CURED under the law to pay to the
amount of fees in each case, regard
less of the fact that the proof is taken
| before them or before some other
officer. a.Ee @ III.
| Entrymen are cautioned against i'm
providently making communication
proofs, as all such proofs will here
after, as far as possible, be carefully
examined into by special agents be-
fore patent is issued, and any attempt
to improperly obtain title under the
communication law will not only re-
suit in the cancellation of the entry,
but may result in the Indictment and
prosecution of the entryman.
Eighth - Fees. The entryman
| should forward with his notice of in
tention to make final proof sufficient
money to pay the newspaper for pub
! fishing his notice, or he should fur
nish the register with statement
from the publisher of the paper, or
his agent, that the necessary money
| has been paid or deposited with the
publisher. The newspaper is entitled
to receive the same compensation for
publishing this notice which it would
be authorized to receive under the
laws of the state for publishing legal
notices of similar character.
United States commissioners,
United States court commissioners,
and Judges and clerks of courts of
record who take proofs are authorized
to receive no greater sum than rs
cents for each affidavit made before
them, and Is cents for administering
the oath to each final-proof testi-
mony, when such testimony is not
written and prepared by them, but
they are entitled to receive ST. for the
testimony of each claimant and wit
ness which is sworn to before them
after they have prepared and written
the testimony. Such officers can not
act as attorneys or agents for entry
men in any matter, and should not
receive compensation for such serv-
ices. s,5.. .,-4ls 40
On all proofs taken before either
the register and receiver or before
any other officer authorized to take
proofs, the register and receiver are
entitled to Is cents for each 100
words reduced to writing by them
selves or others, and in California,
Colorado, Idaho, Montana, Nevada,
New Mexico, Oregon, Utah, Washing
ton, and Wyoming they are entitled
to receive 221s cents for each 100
words. III
In all cases, except communication
proofs, the entryman must pay the
fregister and receiver, in addition to
the testimony fee above mentioned, a
commission Of 81 for each 4O-acre
tract embraced in an entry made for
lands outside of railroad grants, and
81 for each 40-acre tract within such
limits in all the states and territories
except those above mentioned, and
when the lands are situated In those
Estates they should pay the sum of
S1.50 and s., respectively, for each
40-acre tract. All fees and commits
sions due the register and receiver
should be paid at the time the final
proofs are made or received at their
office. d
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from the best assortment you ever
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