Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-08-03
HOW TO MAKE
FINAL PROOFS
New Ruling on important Subject ID
Given Out by the General
Land Office.
AN INSTRUCTIVE CIRCULAR
It Contains Complete Information i,
Regard to the Necessary
Steps.

eral land office has made several new
rulings in the matter of making final
proof. The rules will be found of in
terest to persons who have recently
taken advantage of their homestead
rights. In circular letter just issued
the following notice is given:
Final proofs in all cases where the
same are required by the general land
laws or regulations of the department
must be taken in accordance with the
published notice; provided, however,
that such testimony may be taken
within 10 days following the time adj
vertised in the cases where accident or
unavoidable delays have prevented the
applicant or his witness from making
such proof on the day specified.
Where final proof or any part there
of, has not been taken on the day
advertised or within 10 days there
after, under the exception and as re-
quired in rule one, you will direct new
advertisement to be made. and if no
/ AoNSSt "a
proof thereof submitted if in COM
pliance with the law in other respects.
may be accepted.
If the testimony of either claimant
or witness is taken at a different place
than that advertised, the commission
er may, if in his opinion same is re-
qulred. cause new advertisement for
the proof to be taken at such place as
he may deem advisable. or if in his
opinion new advertisement is unneces-
sary, and no protest or objection has
been filed, the proof Heretofore sub
mitted. if regular in al other respects.
may be accepted without further testi-
mony
When a witness not named in the
advertisement is substituted for an
advertised witness, unless two of the
advertised witnesses testify. require
new advertisements of the names of
the witnesses who do not testify at
such time and place as you may di-
rect; and if no protest or objection is
then filed, the proof heretofore sub
mitted, if satisfactory in all other re-
spects, may be accepted.
When final proof is taken before an
Office" ',)t named IL he adv I'll semen.
it may be accepted if otherwise suffi-
cent, provided the proof is taken at
the time and place designated in the
printed notice, or within II days there
after under the exceptions provided in
rule one; and provided further. that
both the officer advertised TO take
such proof and the officer taking same
shall officially certify that no protest
was al any time filed before him
against the claimants entry.
Evidence OF declaration of intention
TO become a citizen OF the United
States or other evidence necessary to
establish citizenship OF foreign-born
applicants should be received only
when under the hand and seal of the
proper officer OF the court in which
such papers apear of record. How
ever, where it is shown that the judi.
cial record has been lost or destroy
ed proof of citizenship in such cases
may be established under the rules
governing the introduction of secon-
Diary evidence.
Must State Reason.
When proof is made before the reg
ipt he
cate does not bear the date of proof,
the register must indorse on the back
OF the final certificate of entry, at. the
} time OF its issuance, brief statement
OF the reason for the delay in issu-
ance OF final papers, the Endorsement
to be in each instance signed by the
register. If the delay was caused by
failure OF appncant to tender the mon
ely OF other consideration at the time
OF making proof, additional evidence
a must be furnished, showing that the
+ claimant has not, at the date of Ger.
n tliicate, transferred the land. whicl
evidence may consist of his affidavit
n taken before some officer authorized
: TO administer oaths. In cases where
|. it apears that the delay in issuance
OF final papers was not the fault of the
: claimant, the commissioner of the gen
, eral land office may, in his discretion
v pass same to patent.
When proof is made before any of
ficer other than the register or re
celver a reasonable time will be al
: lowed for the transmission of paper.
TO the local office, and, if a longer in