Page:United States Statutes at Large Volume 40 Part 2.djvu/422

 1756 PRooLAMA·r1oNs, 1918. 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, shaH lie allowed thirty days from rece1pt_ 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 ma a ply to have the application or statement amended to include officr 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 of be ore a homestead application for the same land, the homestead applicant shall be allowed t irty days from receipt of notice within which to advise the Register and Receiver whether to reject his application, or to allow it subject to the declaratory statement. lf an applicant, or a declarant, or his agent, fails to notify the Register or Receiver what disposition to make of the apph— cation or statement, within the time allowed, it will be rejected as to all the land ap lied for. Homestead ap lications and declaratory statements which are presented after April) 20, 1918, will be received 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 stategients jéreiented on or before that date have een acted upon and ispose o . Dispvsmm or mlm- 4. Disposition of Jllomzys. Moneys tendered with applications and °”' statements presented on or before April 20, 1918, excqpt fees for filing declaratory statements, will be deposited by the eceiver of the Glasgow land office, to his official credit and properly accounted for. The fee for filing a declaratory statement must be paid even though the ap lication is rejected, and such fees will be properly applied when the statement is filed. When a homestead application is allowed in whole or in art, the su.ms required as fees, commissions, and purchase money be ppoperly applied, and any sum in excess of the required amount will e returne to the applicant. When a declaratory statement is allowed in whole or in part, the sum which will be required as purchase mone if entry is made under the declaratory statement will be held untillentiy has been allowed under the statement or the time has expired within which ent may be made, and an sum in excess of the required amount wiybe returned to the declarant. The moneys held will not be returned until the time has ex ircd within which entry may be made under the statement but will be returned as soon as possib e thereafter if ent is not made. Moneys tendered with a plications and statements whilcli are receted in whole, except fees igr filing deelarato statements, will be retumed. If an applicant or declarant fails to secure all the land applied for and amends his application or statement to embrace other lands, the moneys theretofore tendered will be applied on account of the required payment under the amended application. If it is not sufficient, the applicant or declarant will be required to a the dedciency, and 1 it is more than sufficient, the excess wiH iis returned. Money returned to applicants or declarants will be returned by the official check of the Receiver. Moneys tendered with applications or statements presented after April 20, 1918, will be deposited by the Receiver in the usual manner. Fvrm <>!¤¤=ri¢¤· 5. Form, of entries. To avoid confusion in the disposition of the applications and to provide equal opportunity, as far as may be, the lands will be arranged into units and all persons, prior to June 1, 1918, must conform their applications to such units. No person will be allowed to embrace in his application the land in more than one unit or to leave unentered any portion thereof.