Enterprise news-record. [volume] (Enterprise, Wallowa County, Or.) 1910-1911, 1911-01-21
HOMESEEKER HELPED
BY new RULING
PRACTICE CODE is
CHANGED BY BALLINGER
Reduces Cost of Private
Contests and Eliminates Spectators
-Collusion Impossible-New Sys-
tenn for Serving Notices-Other
Changes of Interest.

4
practice in the United States land Of |
flee effective Feb. 1, 1911, have been
made, according to advices received
at the local land office. says the La |
Grande Observer. The new code
has been prepared with view of re-
ducing the work connected with the
handling of contests in the local Of
fices and reducing the costs to per-
sons desiring to contest abandoned
entries in order to secure the land for
the purpose of establishing a home
thereon. BY means of an oath, more
effective manner of reaching those
filing collusive contests is provided.
The professional locator who often
files many contests in order to sell
his preference right to enter the lands
after he has successfully contested
the entries is entirely eliminated. A
brief statement of the important
changes in the rules has been prepar-
| ed by Receiver Colon r. Eberhard,
of the local office. 1t follows:
Contestants Must be Qualified.
The first important change is that
making it a prerequisite to the filing
| OF private contest that the person
instituting the proceeding be quail
fled to enter the land and this fact he
must set forth in his affidavit of con-
test. together with statement of the
character of filing he intends to place
on the land, If successful. A contest
ant must also swear that the proceed
ing he asks to institute is not collus-
i've. Otherwise, the requirements at
the time of filing the affidavit of con-
test are practically the same as at
Ipresent. Equally important is the
change in the form of the notice or
Summons issued to the defendant.
Heretofore this notice informed the
defendant that at a certain time ali |
place hearing for the purpose CT
taking testimony in the contest
against his entry would be had. And
. regardless of whether any appearance
was made by or on behalf Of the de-
fendant, the testimony of at least two
witnesses was required to be taken
for the consideration Of the land Of
flee; while under the new practice,
the notice will state that unless the
adverse party appears and answers
the allegations of said contest with
in thirty days after service of notice
test will be taken as confessed" I'm
der present practice, usually one Of
\ ficer of a local land office alone is.
= sues the notice; under the new prac'
? tice, both are required to sign the
= notice.
New Manner of Service.
Heretofore it has been the usua
mode to serve the defendant with the
notice Of contest by delivery Of th'
"a same to him in person, if he could b'
found in the state in which the lant
lies; otherwise by publication in {
newspaper. The new rules provid,
that the notice may be either handed
to the defendant in person by an!
lperson over 18 years of age, sent t,
:, him by registered mail or published
in a newspaper within the county IL
which the land is located, and whel
the latter method is used copies o
: the notice must also be sent the de
. fendant by registered mail to tn
postoffice nearest the land. the ad
dress of record in the land office an,
lat the present address of the defend
ant, If known. When service is no
made by publication, a copy Of tn
SO accompany the notice of contest
!. (which in this respect is similar to tn
o. practice of serving copy of com
D. plant with the summons in an actio
II at law under the Oregon code. 1t
l. also provided that no contest pro
lceeding shall abate because of an
defect in the manner of service wher
in any case 1t is shown that cop
fof the notice actually came into tn
rt hands of the defendant. In case tn
defendant makes and files his swor
J. denial Of the charges, 1t is provide
81 "that the register and receiver wi
H. forthwith fix time and place for tax
= ing testimony and notify all partie
l. thereof not less than 20 days in ad
ls vance of the hearing"
s. Trial Procedure Unchanged.
le There is no material change in tn
3 procedure at the trials, except tn
W power to summarily stop irrevaler
N examinations by attorneys is broad
r ened and authority to exclude witness
les not testifying is expressly give
local officers. though such power ha
Is been exercised here for many year
. fwhen occasion arose.
wi Costs Taxed Equitably.
le The most important change is
1.-THE manner Of taxing costs in all case
except private contests where pref
ference right is to be exercised. In tn
N latter event, the contestant will con
Y. tinue to pay all costs, though It wi
N be borne in mind that the new Pre-
- cedure will In all those cases wher
D. no appearance Is made by the dc
lie fendant eliminates any fees for takin
l. testimony or necessity for the en-
10 ployment Of an attorney. except
re prepare his original papers. In a
y other cases each party must pay tn
ID cost OF taking the direct examinatio
OF his own witnesses and the eros
examination on his behalf OF othe
witnesses. The cost OF noting notion
10 lobjections. and exceptions must b
IT paid by the party on whose behal
le 1.-THE same are made. In this respect |
l. particular win the burdens of extend
Il led. ard in many cases useless, eros
,f Examinations be transferred from tn
II party offering the witness to the par
y ity making the long examination.
"A OuIv In minor reanerfa aro fha ott,