The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-09-18
Preference Right.

A preference right to entry, at the
appraised price, Of not exceeding two
lots, is accorded an actual resident,
TO secure which entry the claimant
must file in the district land office.
in time to make proof and secure
entry thereof prior to the date of pub
lie salr. an application therefor,
showing that at the date the apprais-
ess commenced their work upon the
land the claimant was an actual resi-
dent upon one of the lots applied for.
and the owner of substantial and
permanent improve ments thereon, and
also the owner at said date of SUBJ
stanttai and permanent improvements
upon the other lot. Ii two are applied
for, and that such residence and inn
proyements have been maintained
thereon to date of filing the appli-
cation. \ notice of intention to make
proof must be filed and the notice for
publication must be issued, published
and posted at the applicants expense,
as In ordinary cases, and in manner
and form and for the time provided in
the act approved March ,, 1879 GO
stat. 4721.
The proof may be made before the
register and receiver or .any officer
duly authorized by law, and must
show, by record ar documentary evil
denec where such evidence is usually
required. and where not so required
by the testimony of witnesses: q, due
publication Of the registers notice.
ca the applicants possession of and
actual residence upon one Of the lots
applied for. and his or her ownership
Of substantial and permanent improve
ments thereon at the date the ap-
praisers commenced their work upon
the land; ca mis- or her possession and
ownership of substantial and perma-
neat improvements upon the other lot
ut the date the appraisers commence
their work upon the land. If two lots
are applied for; Cd the maintenance
of such residence. possession and Inn
prosements to date of filing the appii-
cation: and t5) applicants age and.
II a minor or married woman,
whether he or she lives separate and
apart from his or her parents and
husband. The proof must embrace
the testimony of the applicant and of
at least two of his advertised wit
nesses. The appraised purchase price
of each lot must be paid to the re-
ceiser at the time of submitting proof.
except as hereinafter provided. and If
the preaf Is found sufficient entry
will be issued thereon.
Forfeiture.
All preference right of entry Of inn
proved or occupied lots, unentered on
the day fixed for the public sale. win
be forfeited. unless a contest he pend
ing thereon as hereinafter provided.
and such lots will be offered Al pub
Tic entry in their regular order with
the other unimproyed and unoccupied
lots. When notified OF the date fixed
for the public sale the register aud
receiver viii refuse To receive or con-
slider any such application for entry
where due publication could not be
had and proof made thereon prior to
the date 50 fixed for the public sale.
Entry of public land under other laws.
or in other tnwnsites. or ownership of
more than 40 acres. will not dis
qualify an applicant No entry can be
made of an improved lot on which the
claimant does not reside. unless his
or her residence lot is included in the
same or previous entry.
Hearings will BE- allowed and con-