The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-08-21

ing children, all OF whom arc minors,
aud both parents are dead, the execu
tor or administrator Of the entryman,
or tho guardian Of the children, may,
ut any time within two years after the
dcrth Of the surviving parent, sell the
land for the benefit Of the children
by proper proceeding In the proper
local court, aud patent will issue to
the purchaser, but II the land IN not
no sold patent will issue to the min.
ors upon proof Of death, heirship, aud
minority being made by such admin
istrator or guardian.
40. How proofs may be made
FINAL or communication proofs may be
made before any Of the officers men.
toned in paragraph 10, as being auth
orized TO administer oaths to appli.
cants.
Any persons desiring to make home.
stead proof should first forward
written notice VI his desire TO the re.
gister and receiver Of the land Office,
giving his post.ofice address, the
number Of his entry, the name aud
official title Of the ouLeer before whom
he desires to make proof, the place Mt
which the proof IL to be made, and the
name and post Office address of at
east four Of his n%eighbors who can
testify from their own knowledge as
to facts which will show that he has
in good faith complied with all the
requirements Of the law.
Al. Publication fees.-The entry.
man should, at the time he informs
the register of his desire to make inal
proof, forward to the receiver suit.
cient money TO pay the newspaper for
publishing the notice, which fees will
not exceed the fees provided by the
States laws for the publication Of legal
notices Of a similar kind. II the on.
tryman does not forward the money
to pay these fees he may forward 4
statement from the publisher Of the
paper, in which the notice is TO be
published, showing that he has arrang.
ed with the publisher for the payment
Of the fees.
~. Duty Of officers before whom
proofs are made.-On receipt OF the
notice mentioned In the preceding
paragraph, the register will issue a
notice naming the time, place, and
officer before whom the proof In to be
made and cause the same TO be pub.
lished once a week for Ave conseeu
tive weeks In n newspaper Of estab
lished character and general circulaiio
published nearest tho land, the said
paper TO he designated by the Register
Of the land office and also post n copy
Of the notice in u conspicuous place ir
his Office.
On the day named In the no Ice
the entryman must appear before the
officer designated to tako proof will
IN the notice; but II for any reason the
pn.ryman and his witnesses are unable
to appear ON the date named the Of
fcer should continue the cass fron
day to day until the expiration Of tel
days, and the proof may be taken OF
any day within that time when thu
entryman and his witnesses appear
but they should, il II is at all possible
to do 30, appear on the day mentioned
In the notice. Entrymen are advises
that they should, whenever IL Is pos
sible TO do NO, offer their proofs bofor,
the register or receiver, AZ 1t may b,
found necessary to refer all proof
made before other officers to IA specia
agent for investigation and repor
before patent can issue, while II tn
proofs are made before the registe
or receiver there il less Likelihood o
this being done, aud there is les
probability of the proofs being incor
rectly taken. By making proof be
fore the register or receiver the on
tTyman will also save the fees whic
they are required to pay other officer
as they will be required under the lay
to pay the register and receiver th
same amount Of fces In each case, r.
CARELESS Of the fact that the proof ma
have been taken before some other OF
ieer.
'Entrymen are cautioned against In
p~rovidently and improperly commuI
ing their entries, and are warned tina
, any fails, statement made in eitht
their communication or final proof ma
. result in their indictment and punisl
. ment for the crime Of perjury.
Judges, aud clerks are not entitlc
Q TO receive u greater SUN than % cen
T for each oath administered by then
except that they are entitled TO y
y eeive 81 for administering the Oat
Q to each entryman and each iina. pro,
witness 20 final proof testimOn.
which has been reduced to writing
them.
Congress has passed recently q
Act charging the Homestead Emit
9 from 100 to 500 acres, but the lar
cannot be committed on Five YET
u residence Is required thereon.
@ Department OF the Interior, uencr
Land once, Washington, d. O.
March 2b, 1909.