The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-08-14


issue In the namc Of the entryman.
(e) When an entryman dies leav'
ing children, all Of whom are minors,
and both parents are dead, the exeeu.
tor or administrator Of the entryman,
or the guardian Of the children, may,
at any time within two years after the
death Of the surviving parent, sell the
land for the benefit Of the children
by proper proceeding In the proper
local court, ard patent will issue to
the purchaser, but II the land In not
80 sold patent will issue to the min.
ors upon proof Of death, hcirship, and
minority being made by such admin.
i%strator or guardian.
40. How proofs may no made
b inal or Communication proofs may be
made before any Of the officers men.
toned In paragraph 10, rs being auth
orized to administer oaths to appli.
cants.
Any persons desiring to make home.
stead proof should first forward u
written notice Of his desire 10 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 ouicer before whom
he desires to make proof, the place at
which the pioof is to be made, and the
name and post.ofiee address Of at
east four Of his n~eigbbors who can
testify from their W knowledge ms
TO facts which will show that no has
In good faith complied with all the
requirements Of the law.
IL. Publication fees.-Tbe entry.
man should, at the time he informs
| the register Of his desire to make final
proof, forward to the receiver sufi
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 q similar kind. II the Q
tryman does not forward the money
to pay these fees he may forward O
statement from the publisher Of the
paper, In which the notice Ia TO be
published, showing that he has arrang.
ed with the publisher for the payment
Of the fees.
az. Duty Of officers before whom
proofs are made.-On receipt Of the
notice mentioned In the preceding
paragraph, the register will issue q
notice naming the time, place, and
officer before whom the proof lie 10 be
made and cause the same to be pub.
lished once n week for Ave consecu.
tive weeks In a newspaper Of estab
lishei character and general circulation
published nearest the land, the said
paper TO be designated by the Register
Of the land office and also post q copy
of the notice in n conspicuous place In
his Office.
On the day named In the no Ice
the entryman must appear before the
officer designated to take proof with
at least two Of the witnesses Nance
In the notice. but II for any reason th,
aD.ryman and his witnesses are unable
to appear on the date named the Of
fcer should continue the cass frou
day to day until the expiration Of ter
days, and the proof may be taken OF
any day within TINT time when th'
entrymAn and his witnesses appear
but they should, IL 1t Is Mt all possible
to do 80, appear on the day mentioned
in the notice. Entrymen are adviseC
that they should, whenever IL liz pos
sible to do 30, offer their proofs before
the register or receiver, NJ 1t may b
found necessary TO refer all proof
made before other officers to a specia
agent for investigation and repor'
before patent can issue, while IL tn,
proofs are made before the register
or receiver there IL less likelihood o.
this being done, and there is les
probability Of the proofs being incor
rectly taken. BY making proof be
fore the register or receiver the en-
tryman will also save the fees whicl
they are repuisd to pay other officers
as they will be required under the Law
to pay the register and receiver thu
same amount Of fses in each case, re
gardless of the fact that the proof ma.
have been taken before some other Of
feer.
Entrymen are cautioned against I'm
providently aud improperly eommut
ing their entries, and IRE warned tina
any false statement made In eithe
their communication or final proof ma.
result in their indictment and punish
ment for the crime Of perjury.
Judges, and clerks are not entitled
|, TO receive d greater sum than 25 cent
for each oath administered by them
|, except that they are entitled to 70
ceive OIL for administering the oatI
to each entryman and each final proc
witness to final proof testimony
which has been reduced to writing b.
. them.
Congress has passed recently a
, Act enlarging the Homestead Entr,
. from 100 TO $50 acres, but the lan'
cannot DO committed on Five yea
. residence Is required thereon.
Department Of the Interior, Genera