Page:United States Statutes at Large Volume 40 Part 2.djvu/308

 PROCLAMATIONS, 1917. 1657 re uired a ent, will be allowed. If such ap lications or state- .D§‘j}¤€§ U ¤PP“°°· miiints coigtliyclnin whole or in part, the right of the respective appli- mn MOL cants will be determined by a public drawing, to be conducted by or under the supervision of the diuperintendent of Openings and Sales of Indian Reservations, at the Minot land office, beginning] at 10 o’clock a. m., on May 3, 1917. The names of the persons w o presented the coniiicting a plications and statements will be written on cards and these car s shall be placed in envelopes upon which there are no distinctive or identifying marks. These envelopes shall be thoroughly and impartially mixed, and, after being mixed, shall be drawn one at a time by some disinterested person. As the envelopes are drawn the cards shall be removed, numbered beginning with number one, and fastened to the ap lications of the proper persons, which shall be the order in which sie a pllications and statements _ _ shall be acted upon and disposed of. If) omestead application or u$`;§[‘°" °“ "”l‘°°" declaratory statement cannot be allowed for any part of the land applied for, it shall be rejected. If it may be allowed for part of, but not for all, the land a plied for, the applicant, or the declarant through his agent, shall he allowed thirt days from receipt of notice within which to notify the Register and liteceiver what disposition to make thereof. Durin such time, he may request that the application or statement be allowed for the land not in condict and rejected as to the land in conflict, or that it be rejected as to all the land applied for; or he may ap ly to have the application or statement amended to include other land which is subject to ent and to inclusion in his application or statement, provided he is llihe prior applicant. If it is determined by the drawm that a declaratory statement shall be acted upon and disposed of liefore a homestead application for the same land, the homestead applicant shall be allowed thirty{days from receipt of notice within whxc to advise the R ter and eceiver whether to allow or to re`ect the application. ellsan applicant, or a declarant or his agent, fails to notify the Register and Receiver within the time allowed what disposition to make of the application or statement, it will be rejected as to all the land applied for. Homestead applications and declaratoig statements which are presented after Apri 30, 1917, will be receive and noted in the order of their filing, and will be acted upon and disposed of in the usual manner after all such applications and statements presented on or before that date have been acted upon and disposed of. _ 4. Disposition of Moneys. Moneys tendered with applications and mg,l;§°'l°‘°" °' statements presented on or before April 30, 1917, excefpt fees for filing declarato statements, will be deposited by the eceiver of the Minot lanlgoflice to his official credit and properly accounted for. The fee for filing a declaratory statement must e paid even though the application is rejected, and such fee will be properly applied when the statement is tiled. When a homestead application is allowed in whole or in part, the sums required as fees, commissions and purchase money will e properly applied, and any sum in excess of the required amount will be returned to the applicant. When a declaratory statement is allowed in whole or in part, the sum which will be required as purchase money if entry is made under the declaratory statement wil be held until entry has been allowed under the statement or the _ time has expired within which entry may be made and any sum in excess of the re uired amount will be returned to the declarant. The moneys held will not be returned until the time has expired within which entry may be made under the statement but will be returned as soon as possible thereafter if entry is not made. Moneys tendered with applications and statements which are rejected in whole, except fees for filing declaratory statements, will be returned. Lf an app `— cant or declarant fails to secure all the land applied for and amends 120S03°—voL 40, 1>·r 2;21