Page:United States Statutes at Large Volume 39 Part 2.djvu/527

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


1722 PROCLAMATIONS, 1915. be accompanied by a fee of $5, if the area is 80 acres or less, or $10, ifmore than 80 acres, and commissions at the rate of $.02g for each acre applied for; and each declaratory statement must be accompanie y a fee of $2. 3. Disposition of Applications. ,,?.,"1,*§'?‘m°” °' “”u‘ All homestead applications and declaratory statements received by the proper Register and Receiver on or after May 3, 1915, and on or before May 17, 1915, will be treated as filed simultaneously, and where there is no conflict such applications and statements, if in proper form and accompanied b the required payment, will be allowed on May 19, 1915. If sucli a plications or statements conilict in whole or in art, the right of tli)e respective applicants will be determined bytpuglic drawings, to be conducted by or under the Dm supervision o e Superiuten ent of Openings and Sales of Indian `"°°' Reservations. A drawing will be conducted for lands in North Dakota at the United States land office for the district in which the lands are situated, at 10 o’clock, a. m., on May 19, 1915, and for lands in Sou Dakota at the United States land office for the district in which the lands are situated, beginning at 10 o’clock a. m., on May 21, 1915. The names of the persons who presented the conflicting appllications and statements will be written on cards and these cards s all beiplaced in envelo es upon which there are no distinctive or idenf ying marks. 'llhese envelopes shall be thoroughly and impartially mixed, and, after mixed, shall be drawn one at a time by some dismterested person. As the envelopes are drawn the cards shall be removed, numbered beginning with number one, and fastened to the applications of the proper persons, _ _ which shall be the order in which the ap lications and statements &;§§_*’°“ °” “pp1’°°' shall be acted upon and disposed of. I homestead application or declaratory statement cannot be allowed for anyl part of the land applied for, it shall be rejected. lf it may be a owed for part of, . but not for all, the land ap lied for, the aipplicant, or the declarant through his agent, shall be aglowed thirty ays from receipt of notice within which to notify the Register and Receiver what disposition to make thereof. During such time, he may request that the application or statement be allowed for the land not in conflict and rejected as to the land in conflict, or that it be rejected as to all the land applied for; or he may apply to have the application or statement amended to include other land which is subject to entry and to inclusion in his application or statement, provided he is the prior applicant. If it is determined by the drawing that a declaratory statement shall be acted upon and disposed o before a homestead application for the same and, the homestead applicant shall be owed thirty da s from receipt of notice within which to advise ’ the Regpxter and Receiver whet er to allow or to reject the ap lication: an applicant or a declarant or his agent, fails to notifiy the Reister and eceiver within the time allowed what disposition to ma e of the application or statement, it will be rejected as to all the land ap lied for. Homestead a. lications and declaratory statements which are presented after my 17, 1915, will be received and noted in the order of their Bling, and will be acted upon and disposed of in the usual manner after all such applications and statements ppesented on or before that date have been acted upon and disposed o . m”’°°°°° °' ’“‘”" 4. Mona s. Mone s tendered with a lications and m statements preseiiitled on di before May 17, 1915, excegii) fees for filing · declaratory statements, will be deposited by the eceiver of the proper land office to his official credit and properly accounted for.