applicant (using Form 4-525) that he must, within 30 days from the date of notice, deposit with the register the amount fixed by such reappraisement for the sale of the land, or thereafter, and without notice, forfeit all rights under his application.

COST OF MAKING REAPPRAISEMENT

20. The officer or employee of the United States making the reappraisement shall be paid from the amount deposited with the register by the applicant therefor, the salary, per diem, and other expenses to which he would have been entitled from the Government, in the case of an original appraisement, for his services for the time he was engaged in making and returning the reappraisement. The register will, out of the money deposited by the applicant, pay such compensation including reasonable expenses for subsistence, transportation, and necessary assistants; and the officer will deduct from his expense account with the Government the amount which he has received from the register for such services. The register will return to the applicant the amount, if any, remaining on deposit with him after paying the expenses of said reappraisement.

FINAL PROOF

21. After the appraisement or reappraisement and deposit of purchase money and fee have been made the register will fix a time and place for the offering of final proof1 and name the officer before whom it shall be offered and post a notice (Form 4-348e) thereof in the land office and deliver a copy of the notice (Form 4-348f) to the applicant, to be by him and at his expense published in the newspaper of accredited standing and general circulation published nearest the land applied for. This notice must be continuously published in the paper for 60 days prior to the date named therein as the day upon which final proof must be offered.

TIME, PLACE, AND METHOD OF MAKING FINAL PROOF

22. Final proof (using Form 4--370a) should be made at the time and place metioned in the notice, and, as a part thereof, evidence of publication, as required by the previous paragraph, should also be filed. If final proof is not made on that day or within 10 days thereafter, the applicant may lose his right to complete entry of the land. Upon satisfactory showing, however, explaining the cause of his failure to make the proof as above required, and in the absence of adverse claim, the Commissioner of the General Land Office may authorize him to readvertise and complete entry under his previous application.

23. If an applicant dies after the filing of an allowable application hereunder, his heirs will be permitted to make proof and payment, but patent will issue to the heirs of the applicant.

Similar action will be taken by the General Land Office on applications for land in those States having no local land office,

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FINAL ENTRY

24. After an appraisement or reappraisement has been approved, the payments made, and satisfactory proof submitted in any case as required by these regulations, the register will, if no protest or contest is pending, allow a final entry.

GENERAL PROVISIONS

CONTESTS AND PROTESTS

25. Protest may be filed at any time before an entry is allowed, and contest may be filed at any time before patent issues, by any person who will furnish the register with a corroborated affidavit alleg ing facts sufficient to cause the cancellation of the entry, and will pay the cost of contest.

FALSE SWEARINGFORFEITURE

26. If an applicant swear falsely in his application or sworn statement, he will be liable to indictment and punishment for perjury; and if he be guilty of false swearing or attempted fraud in connection with his efforts to obtain title, his application and entry will be disallowed and all moneys paid by him will be forfeited to the Government, and his rights under the timber and stone acts will be exhausted.

EFFECT OF APPLICATION TO PURCHASE

27. The filing of an application hereunder, for land subject thereto, and to the completion of which the Government interposes no obstacle, exhausts the right of the applicant under the act.

28. After an application has been presented hereunder no other person will be permitted to file on the land embraced therein under any public-land law until such application shall have been finally disposed of adverse to the applicant.

29. Lands appraised or reappraised hereunder, but not sold, may, upon the final disallowance of the application, be entered by any qualified person, under the provisions of the timber and stone laws, at its appraised or reappraised value, if subject thereto.

30. Lands applied for but not appraised and not entered under these regulations may, when the rights of the applicant are finally terminated, be disposed of as though such application had not been filed.

31. Any lands which have not been reappraised may be reappraised upon the request of an applicant therefor under these regulations who complies with the requirements of section 17 hereof.

32. An applicant securing a reappraisement under these regulations shall acquire thereby no right or privilege except that of purchasing the lands at their reappraised value, if he is qualified, and if the lands are subject to sale under his application; and he must otherwise comply with these regulations, but shall not, in any event, be entitled to the return of any money deposited by him and expended in such reappraisement.

33. The Commissioner of the General Land Office may at any time direct the reappraisement of any tract or tracts of public lands, when, in his opinion, the conditions warrant such action.

34. Unsatisfied military bounty land warrants under any act of Congress and unsatisfied indemnity certificates of location under the act of Congress approved June 2, 1858, properly assigned to the applicant, shall be receivable as cash in payment or part payment for lands purchased hereunder at the rate of $1.25 per acre.

35. The forms mentioned herein shall be a part of these regulations.

ENTRY OF STONE LANDS

36. The foregoing regulations apply to entries of lands chiefly valuable for stone, and the forms herein prescribed can be modified in such manner as may be necessary to the making of entries of stone lands.

FORMER REGULATIONS REVOKED

37. All former regulations, decisions, and practices in conflict with these regulations are hereby revoked.

Very respectfully,

Approved.

(Acts omitted.)

WILLIAM SPRY, Commissioner.

E. C. FINNEY,

First Assistant Secretary.

SEGREGATION BY TOWN-SITE SETTLEMENT

1. Public lands settled upon and occupied as a town site are thereby segregated from entry under the agricultural land laws, and may be entered under sections 2387 to 2389, subject to the restrictions contained in sections 2386 and 2391 to 2393, inclusive, United States Revised Statutes.

BY WHOM ENTRY MAY BE MADE

2. If the town is incorporated the entry must be made by_the corporate authorities or by the mayor or other principal officer authorized so to do by resolution or ordinance of the town board or city council. If the town is not incorporated, the entry must be made by the judge of the county court upon petition addressed to him therefor, signed by such number of actual occupants of lots therein as may be required by the laws of the State or Territory in which the town is situated. Private individuals, organizations, or corporations are not authorized to make such entries.

TRUST

3. The entry must be made in trust (1) as to the occupied lots, for the several use and benefit of the occupants thereof according to their respective interests, and (2) as to the unoccupied lots, for the use and benefit of the municipality, the public, or the occupants collectively as a community. Such entries can not be made for the benefit of one individual, or organization, or corporation, but only for the benefit of the actual inhabitants and occupants of an established town. Prospective town sites can not be so entered.

EXECUTION OF TRUST

4. The execution of the trust as to the disposal of the lots and the proceeds of sales is to be conducted under regulations prescribed by the State or Territorial laws. Acts of trustees not in accordance with such regulations are void.

AREA THAT MAY BE ENTERED

5. The amount of land that may be entered under this act is proportionate to the number of inhabitants. One hundred and less than 200 inhabitants may enter not to exceed 320 acres; 200 and less than 1,000 inhabitants may enter not to exceed 640 acres; and where the inhabitants number 1,000 and over, an amount not to exceed 1,280 acres may be entered; and for each additional 1,000 inhabitants, not to exceed 5,000 in all, a further amount of 320 acres may be allowed. When the number of inhabitants of a town is less than 100 the town site shall be restricted to the land actually occupied for town purposes, by legal subdivisions.

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