The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-05-29

3. The application must also show
that no timber or other thing uf value
has been taken from the land CHROME
ously entered. located. ~ sciectcd; hat
the land sought 10y way of amendment
is not occupied or claimed by any ad
verse claimant: that II il the character
contemplated by the law under which
The claim il presented, aud In eases OF
nonmineral claims the kind aud quail
" Of timber on each legal subdivision
applied for must Ice stated.
I. Where no final certificate has
been issued aud the amendment is
sought by the original claimant. II must
be shown that the land embraced IN
the erroneous entry. location. or selcc
ton has not been sold. assigned, te
linquished, or IN amy way encountered
and that this purpose the affidavit of
the applicant, currnboratcd ~ herein
after required. will be sufficient, but
where hnal certificate has issued or
where amendment Is sought by a trans
fierce. II must bc shown hy a certificate
from the proper recording O",cet at
the county IN which the land II stu
ated. or 10y satisfactory abstract uf
ti'le. that the applicant j. the owner
of such land under the entry, location,
or selection, n the ease may be, aud
Il must also he shown that there are
no lieus. unpaid taxes, or other ~
cumbranee charged against the land
Where patent has been issued rcconVcy
nncc ut the land embraced IN the pat
ent must Ice made by deed executed by
,.e claimant aud also by his wife, n
he Ice married, ~ accordance with the
laws governing the execution of deeds
conveying real estate IN the state IN
which the land H. situated, which deed
must he recorded in the proper count,
office aud accompanied by u certificate
from the recording officer, or u Sati,
factory abstract showing the title TO
bee clear aud free from incumbrancc.
). The amdayit Of the applicant
must bee c"orroboratcd by at least two
witnesses who have been well acquaint
ed with him for "A sufficient length ot
time ~ enable them Ia testify as 10 the
character aud reputation of the nppli
cant for truth aud veraritN. Also, AT
least one witness must make affidavit.
showing that he has personal knowl
edge -. the facts concerning the ailcg
ed mistake, what opportunity he had
for learning the facts, aud setting out
fully all pertinent knowledge he has
relative thereto. The witness who ties
tifNiug ~ To the truth and veracity of
the applicant.
u. The affidavit Of the applicant
must he executed before the register ~
receiver nf the land office where the
application u made or before y United
states commissioner or commissioner oi
the court exercising federal iuri~dic
ton IN the territory or before the Judge
ur clerk If any court Of record iu the
county. parish, or land district IN which
the lands are situated. a. required hy
the act nt March !. 1904 I33 stat. So.
The corrohorating AFFIDAVIT may be-
made before any officer authorized Ia
administer oaths and using a seal.
= When an application Ia amend
IS filed IN your office, YOU will make
proper rotations On YOU records aud
forward Ia the General Land Ohic,
with your mons returns. with yuuI
recommendation written ~ the plac,
indicated IN Z = form. aud thereafter
YOU will make M disposition of The
land applied for until instructed by ia,
General Land Office.
:. when an application 20 amend
il received IN the General Land Office
together with proper report and recon
mendatio from the register aud re-
ceivrr. u will bc considered. and. II
found satisfactory, the amendment vii
Ice allowed and proper correction mad,
uu the records, Of which YOU will b,
duly advised, Ia the end 'hatthr nrccs
sary corrections may bc made on IN,
records If your office and the applicant
properly notified. Where an applictior
Is denied, AN appeal may Ice taken =,
the Department.