Page:United States Statutes at Large Volume 39 Part 2.djvu/575

 1754 PROCLAMATIONS, 1915. for portions of units or fractional units the fractions remaining may be embraced in a single entry if it conforms to the requirements of said act of February 19, 1909. Persons owning and occupying less than 320 acres acquired under the provisions of? the homestead laws or having unperfected homestead entries for less than 320 acres within the area affected by this Proclamation have an ecplial right with otlae;1 applicants to secure the additional area to w `ch they are entit. R°"*‘“"°“‘““‘S· 3. Applications to enter may be executed before the Register and Receiver of the United States land ofllce for the district in which the lands are situated at Dodge City, Kansas, or before a United States Commissioner, or a judge or a clerk of a court of record in the county in which the land is situated, or before any such officer outside the county and in the land district who is nearest or most accessible to the land. .The agent’s ailidavit to each declaratory statement filed by agent must be swom to by the agent before one of such officers on or after November 1, 1915, but the lpower of attomey appointing the agent may be sworn to bg the dec arant on or after t e date hereof before any officer in the nited States having a seal and authority to administer oaths. *After a plications have been so swom to, the must be presented to the Register and Receiver at Dodge City, gansas, accompanied by the required fees and commissions. Applicants may present the applications in person, by mail, or otherwise. No person shall be permitted to present more than one application in his own behalf. _ of $5 if the area applied for is less than 81 acres, or $10 if 81 acres or more, and commissions at the rate of $0.02-} for each acre applied for outside the limits of the railroad grant, or $0.05 for each acre applied for within such limits, and each declaratory statement must be _ _ _ _ accompanied by a fee of $2. _ _ ,,{,,‘§§‘fS“‘°“ °' ‘”L" 5. All applications to make homestead or additional homestead entry and declaratory statements rece1ved by the_ Register and Receiver of the United States land office at Dodge City on or_after November 1, 1915, and on or before November_ 26, 1915,_w1ll be treated as Bled simultaneously, and where there is no conflict such applications and statements, if in proper form and accompanied by t e required payment, will be allowed on December _1, 1915. In m*{_*;,¤¤*°°*¤¢ *PP“°•· case of conflicting applications and only one of the applicants alleges ` settlement initiated rior to the reservation and smce maintained, his application shall be allowed and_ the others rejected. If two or more conflicting applications are received, each containing allegations of such prior settlement, a hearing shall be ordered to determine the riority of right and it shall be restncted to those alleging such right. nnwmgs. €Vhere there are applications or statements conflicting in whole orin part, in which no one of the several applicants claims such prior settlement, the rights of the respective applicants will be determmed by a public drawing to be conducted by the Register and Receiver at the United States land office at Dodge City, Kansas, beginning at ten o’clock a. rn. on December 1, 1915. The names of thweri-pe1sons_who presented the conflicting applications and statements be written on cards and these cards s all be placed in envelopes upon which there are no distinctive or identifying marks. hese_ envelopes shall he thoroughly and impartially muted, and, after be1ng mixed, shall be drawn one at a time bv some disinterested person. the envelopes are drawn the cards shall be removed, num ered beginning with number one, and fastened to the aylaphcationspf the proper m;*i°¤ °¤ °PPu°°’ persons, which shall be the ordr in which the applications and state- ` ments shall be acted upon and dispgsed of. If homestead application or declaratory statement can not allowed for any part o the land
 * ’•·¤- 4. Each application to make entry must be accompamed by a fee