The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-26

40. Duty of officers before WHOM
proofs are made.-On receipt of TIL
notice mentioned in the preceding
paragraph, the register will issue ;
notice naming the time, place, an(
officer before whom the proof is tc
be made and cause the same to be
published once a week for five con.
secutive weeks in newspaper of es-
tablished character and genral cir
culation published nearest the land
and also post copy of the notice in
conspicuous place in his office.
On the day named in the notice
fhe entryman must appear before
the officer designated to take proof
with at least two of the witnesses
named in the notice; but if for
any reason the entryman and his
witnesses are unable to appear on
the date named, the officer should
continue the case from day to day
until the expiration of ten days, and
the proof may be taken on any day
within that time when the entryman
and his witnesses appear, but they
should if 1t Is at all possible to do
so, appear on the day mentioned In
the notice. Entrymen are advised
that they should, whenever it is pos
sible to do SO, offer their proofs be-
fore the register and receiver, as it
may be found necessary to refer ali
proofs made before other officers to
a special agent for investigation and
report before patent can issue, while,
if the proofs are made before the
register or receiver, there is less
likelihood of this being done, and
there is less probability of the proofs
being incorrectly taken. BY making
proof before the register or receiver
the entrymen will also save the fees
which they are required to pay 9th
er officers, as they will be required
mnder the law to pay the register
and the receiver the same amount of
fees in each case, regardless of the
fact that the proof may have been
taken under some other officer.
Entrymen are cautioned against
improvidently and improperly COM
muting their entries, and are warned
that any false statement made ia
either their communication of final
proof may result in their indictment
and punishment for the crime Of per-
jury.
43. Fees and COMMISSIONS
When hOmesteader applies to
make entry he must pay in cash to
the receiver fee of IS if his entry
IS for so acres or less, or $40 if he
enters more than 80 acres. And in
addition to this fee he must pay,
both at the time he makes entry and
final proof, commission of 81 for
each 40-acre tract entered outside
of the limits of railroad grant and
50 for each 40-acre tract entered
within such limits. Fees under the
enlarged homestead act are the same
as above, but the commissions are
based upon the area of the land en-
braced in the entry see par. 4S.) On|
all final proofs made before either
the register or receiver, or before
any other officer authorized to take
proofs, the register and receiver are
entitled to receive 5 cents for each
400 words reduced to writing, and
no proof can be accepted or approx
ed until all fees have been paid.
In all cases where lands are en-
tered under the homestead laws in
Arizona, California, Colorado, Idaho.
Montana, Nevada, New Mexico, Ore
gon, Utah, Washington, and Wyom-
ing the commission due to the regis
ter and receiver on entries and fine
proofs, and the testimony fees under
final proofs, are SO per cent more
than those above specified, but the
entry fee of SIS or $40, as the case
may be, remains the same in all the
States.
United States commissioners,
United States court commissioners,
judges, and clerks are not entitled
to receive a greater sum than 25
cents for each oath administered by
them, except that they are entitled
to receive 81 for administering the
oath to each entryman and each final
proof witness to final proof testi-
which has been reduced to
writing by them.
IA. The alienation of all or any
part of the land embraced in a
prior to making proof,
except for the public purposes men
9ioned in section 1888. Revised Stat
utes fsee Appendix No. -. will pre-
vent the entrymnn from making sat
fsfactory proof, since he is required
to swear that he has not alienated
any part Of the land except for the