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


Instructions a. 10 Amendments Under
Section 2372. Revised Statutes, as
Amended by Act Of February "a,
1909, Public No. 25s.
Department Of the lnterior, General
Land Office Washington, u. G.,
April 20. 1909.
Register and Receiver United states
Land Offices.
Gentlemen: by act Of February -,
1909, section e3T2, United States Re
vised Statutes, il amended to read rs
follows;
Sec. 2352. In all eases where M
entry, selection, or location has been
or shall hereafter he made vt u tract
Of land not intended 10 he entered. the
entryman, sclector, or locator. or IN
ease Of his death. his legal representa-
tiVes, or, when the claim " by law
transferable, his or their transfcrces,
may, IN any ease coming within the
proV isions Of this section. file his ~
their affidavit. with such additional cyi
denre ~ can he procured showing the
mistake NJ 10 the number IT the tract
intended 90 be entered and that every
reasonable p%rccaution and eNertion was
used IN avoid the error, with the reg
ister and receiver Of the land district
IN which such tract Of land Is situate.
who shall transmit the evidence sui
mitted to them. In each ease, together
with their written opinion both ~ To
the existence of the mistake aud the
crcdibility of every person teStitNing
thereto, To the Commissioned ot the
General Land Office. who. II he br
entirely satisfied that the mistake has
been made aud that every reasonable
precautiOn and cXcrtiOu has been made
10 avoid 10. IL authorized 10 change the
entry and transfer the payment from
the tract ~crroneouSly entered 10 that
intended TO be entered. II the same has
not been disposed uf and j. subject 10
entry, or IL not subject tn entry, then
to any other tract liable 20 such eutry,
selection, or location. but the oath of
the person intended shall in no case he
deemed sufficient. In the absence Of
other corroborating testimony, To au
thorize such change Of entry, nor shall
anything herein contained affect the
right ~ third persons.
The following rules are given which
are to COVER In the consideration ~
applications to amend entries, sclcc
tions, or locations;
/. Applications for amendment must
be filed 10 the local land Office NJ the
United States having jurisdiction over
the land sought to be entered, and
should he substantially in accordance
with the printed form herewith. Thi,
form may he used tor the amendment
of nouminernl entries where the appli
cant IL either the original cntryman,
gHa uaaasUuaa uV FVau.TaVaR lac mtuLruu
such mudiRcatiO ions ~ the facts may
Justify. Each application must he
verified by the oath Of the applicant
and corroborating witnesses, aud must
describe the land erronruusly cntrre,
~ well ~ that desired by way oi
amendment. BY subdivision. section
township, and range; and whore the
land originally intended To he entered
has been disposed of the applicant must
describe tat land also aud show why
he can not obtain II.
.. The application must contain u
full statement of all the facts aud cir
c~umstances. showing now the mistake
occurred aud what precautions were
taken prior Ia the ding of the errone
Gus entry, selection, or location, (,
avoid error IN the description. Tn,
showing ~ tins regard must he com
plete, because no amendment will h'
allowed unless II is made to appear that
proper precaution was taken Ia avoid
error at the time II making the origi
nal entry. location, OF selection; aud
whore there has been undue delay IN
applying for amendment the applira
ton will be closely scrutinizcd and will
not be allowed unless the utmos good
faith is shown and the delay explain
ed To the entire satisfaction of III,
Commissioner Of the General Land or
flee.