The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1921-10-28

In a former tax the .uethga OF Ms
t tphg eentest; vas r. es92aiHeac and ~.
ing q contest notice; viii be treated.
As these talks are written for the lay
| man rather than the profession. NO at
e e@p from MN in fe esa r asssees sa
various methods Of serving notice WIFI
Dc taken up. -
In order to fully protect the rights
OK; an entryman who may he tempor-
rnent has Incorporated in the Rules Ct
Practice some very strict requirements
az tn the service of a contest notice
no a Is sndieyma ynfs ss the
rules laid down, the contest will he
dismissed. 1t is almost impossible Ter
the average person to put Though a
and few ever try. it, blu even when an
attorney Is retained it is sometimes
necessary for the contestant to serve
the contest nOice in one Of he tmeth-
DDS provided.
When the contest affidavit and APP
plication to contest is filed there should
ais" be prepared and filed with it pro.
per notices to the contestee, and il
the. land office will Sign the contest
notices and return to the contestant
COR his attorney and the next step is
In all cases where it is possible to- do
Notwithstanding acoyoft y he shrss
80, the notice upon the contested. In
al al eases ass; where 1t is possible to DO 50.
either by handing a copy Of the notice
and copy of the contest affidavit to
the contestee. or by sending copies of
centestee by Registered mail and get
ting his receipt therefor II the no.
ticc is served by handing copy to
does it. so long as it is a person over
eighteen years of age, but the person
who hands the copies to the contestee
must go before q notary public or
oaths and make an affidavit that he
served the notice by handing a copy
OF e. IT, together tfssi with copy Of the con
made. and this affidavit must be fled
in the land office to show that proper
service was made.
II the notice was served by. regis
Tered mail the person who mailed the
letter must make adfifavit that such
registered letter addressed to-. the
contestee contained true copies Of the
Wit. and must produce the red receipt
card. properly signed by the cont estee,
as evidence that the notice was duly
served |; e ,,, in this manner: It is necessary
Ct the envelope Deliver only to the
addressed" or similar Instructions, as
otherwise the letter might be deliver
card would. not show that it was re-
celve.l by the contestee, and til service
would be faulty.
In cases where the contestee mas left
the country and cannot be found, it is
necessary to file with the register and
rec rsceiver an affidavit and application
This affidavit must set forth that dill
lsent inquiry has been made Of the
postmaster at the record address of
the contestee, and the postmaster at
the post office nearest the land. and
office address. and of persons living
near the land. and that his present
are unknown. a notice
for publication must also be prepared
ana submitted with the affidavit, and
published in some newspaper published
n the same county in which the land
IS situated. for four consecutive is
sues, and proper affidavit of such pub |,
!lcatlon filed. In such cases it Is also !,
ne contest affidavit by anu ree Este Cd
nail addressed to the contestee at his |
.ecord address, his last known adj !
lress' and the post office nearest the !
anu; and to post copy of the notice
On me land. and proof of posting and |
mailing must be filed.
1t VII be seen that the service Of !. !
contest notice is quite complicated and
I must be done exactly right or the |
or want OF service. The Rules sSse Of
Practlce limit the time for serving !
ioi is im ana II frequently happens that
n the time. limit. 1t is then neces-
'ary to apply to the register for what !
called an ''alias notice" which
mounts to an extension of time for !
- sunG the notice and making proof !