The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-06-12
AMENDED LAND LAWS

laws governing the execution of deed,
conveying real estate IN the state IN
winch the aud II situated, which deed
must Ice recorded IN the proper county
once aud accompanied by "a certificate
from the recording officer, or a salts
factory abstract showing the title Ia
be clear aud free from i%ncumbTAnce.
.. The lmda,it of the applicant
must Ice @corfouoiatcd 10y at least two
witnesses who have been well arduniut.
cd with him Tor a sufficient length Ut
Time To enable them 10 testify M to the
character aud reputation of the appli.
cant for truth and yeracity. Also. at
least one witness must make affidavit.
showing that he has personal knnwl.
edge .. the facts concerning the allep.
cd mistake, what opportunity he had
Tor learning the facts, and setting out
iuliy all pertinent knowledge be has
relative thereto. The witness who ties
tiiying as to the truth aud vefnrity of
the applicant.
q. The AFFIDAVIT Of the applicant
must be executed before the register or
receiver of the land Office where the
Application D. made or before o United
'tatcs commissioner or commissioner of
the court exercising federal iuri,dic.
ton ~ the territory or before the Judge
or clerk of any court OF record in the
county, parish, or land district in which
the lands are situated, a. required hv
the act of March T.. 1904 l33 Stat. SOL
he cortubuIatiug affidavit may he
made before any officer authorized TO
administer oniis and using a seal.
When au application To amend
Is MED ~ your Office, YOU will make
proper rotations on Your tecorl. and
forward to 'hc General Land Ont,r
VIA your m"uN returns, with your
'"commcudaiiui written M the place
Indicated ~ 2 = form, and thereafter
YOU viii make mo- disposition Of the
land applied for until instructed los the
General Land Oncc.
: when am application to amend
H. received lu the General Land Office.
together with proper report aud recon
Wehdhilon from the register aud re
reiNer, a. Will he considered. and. If
found satisfactory, the amendment will
10" allowed and proper correction made
On the records, OF which YOU will Ice
July advised, 10 the end thatihe neces
-aty corrections may bee made on the
records Of your Office aud the applicant
properly notified Where an APPLETON
., denied, an appeal may he taken to
The Department.
r. Where amendments are allowed
II claims upon which final proof has
been submitted and publication or pos,
ing Of notices u required, %repuhlica.
Of notice applicable To the class
entry for which application 10 amend
IL made viii be required: and if the
land sought 10y way of amendment j.
he land originally intended to Ice en-.
tered, the witnesses who testified when
'hr ina proof was made on the 81.
nnepu, entry must maze affidavit show.
that the land described IN the an.
lIlrH'lul for amendment h the same
and 10 which they intended 10 refer
90 Their testimony, formerly given. II,
the same wliucssc, can NOT
'r secured. or II the land sought hy
way of amendment is not the land
originally intended to ue entered. new
rrU"i must bee made.
lH. The act In terms provides for
amendment iu all cases whore an entry.
selection, pr location ha, been shall
hereafter bee made of a tract of land
Intended 20 Ice entered, aud there
iorc, perhaps, If strictly construed, pro
'ldes 'pr amendment only in ca,c where
here tHs been a mistaKe in descriptiou
ir numbers of the land originally In
.erdct Go bc entered. However, under
.ne suieI' IsOfy authority ~ the See
rotary ui the Interior, the Department
NNI ALLOW amendments Of entries mudr
under Avs which require settlement.
ui'iNHilun, or improvement ut the lard
uttered 90 cases where, through no
.aAli pi The eutryman, the land il
.uunu 20 Doe 50 unsuitable for the pur
nose iuI which II was entered as To
mar" The completion of the entry i'm
'ra"tlranlo # not impossible. IL such
asses ~ least one legal subdivision, AZ
dominating 80 acres IN area. of the
and embraced in the original entry
.hHll De retained, aud the Tracts in
iuded ny way Of amendment must he
contiguous thereto. Furthermore, In
.urh cases aud rs an assurance of
good faith, the application TO amend
must b" fled within one year from date
no" original entry Applications for
."'h amendments may be made under
h' rules given above, aud on the
prescribed form in 30 far ~ the same
alpIIahie. 4 supplemental affidavit
mould also he furnished, II nece' AIRY. |
% show the facts.
u. Where entries, selections, or 10
aii"ns are improperly allowed by the
aud department, as where the land,
are not subject 10 such e%atries, selec
,ons, ~ locations, udments will
rot Doe allowed because such claims.
ENG invalid, should be Cancelled, and
cancellation thereof u new entry.
election, or location may he allowed
rs though the former had never been
made.
The circular Of February 20, 1905
30 j. y, ESQ, and the other circular
'r instructions concerning amendments
Incompatible herewith are hereby re
Very respectfully,
FRED BENNETT, Commissioner
approved April 22, 1909.