day of 189-, heretofore assigned. And I further certify that the said certificate, at the time of making the foregoing assignment, was attached to said assignment, and was presented by and in the possession of him, the said Subsequent assignments may follow Form No. 3 above. No. FINAL CERTIFICATE FOR RESERVATION IN OKLAHOMA TOWN SITES (COMMUTED HOMESTEAD). [See page 57.] 18-. It is hereby certified that, pursuant to the provisions of section 22 of the act of May 2, 1890 (26 Stat., 81), and the regulations thereunder of the town of " in County, Oklahoma, has made application for patent for in the town site of - Oklahoma, reserved for public purposes in accordance with the approved plats of said town site, said application being accompanied by satisfactory proof of the organization of said municipality, and of his authority to make application for patent for said reservations. Now, therefore, be it known that on presentation of this certificate to the Commissioner of the General Land Office the said shall be entitled to a patent for the tract of land above described in trust for the municipality of Oklahoma, said land to be maintained for the public purposes, as provided in the act herein referred to. Register. LAND OFFICE AT Sworn to and subscribed before me this [4-072.] AFFIDAVIT TO BE FILED BEFORE CONTEST. U. S. LAND OFFICE, 189-. 18-, and this the Personally appeared before me, of the land office, County, State of who upon his oath says: That he is well acquainted with the tract of land embraced in the homestead entry of No.-, made · and knows the present condition of the same; also that the said said contestant is ready to prove at such time and place as may be named by the register and receiver for a hearing in said case; and he therefore asks to be allowed to prove said allegations, and that said homestead entry, No.-, may be declared canceled and forfeited to the United States-he, the said contestant, paying the expenses of such hearing. Sworn to and subscribed this day and year above written before [4-345.] (Date) day of CONTEST NOTICE. (Endorse.) and who, being duly sworn, Also appeared at the same time and place depose and say: That they are acquainted with the tract described in the within affidavit of and know from personal observation that the statements therein " made are true. of 2 189-. A sufficient contest affidavit having been filed in this office by testant, against made —, 18—, for township -, range, by contestee, in which it is alleged that: said parties are hereby notified to appear, respond, and offer evidence touch entry No. section " con ing said allegation at 10 o'clock a. m. on 18-, set forth facts The said contestant having, in a proper affidavit, filed which show that, after due diligence, personal service of this notice can not be made, it is hereby ordered and directed that such notice be given by due and proper publication.2 Subscribed and sworn to before me this STATE OF PROOF OF PERSONAL SERVICE. # County of County of 88: 2 being first duly sworn, on his oath says that he served the within notice by delivering a true copy thereof to each of the within-named contestees at the following-named times and places, to wit: 9 18-, before m. on Form Sworn and subscribed to before me this [SEAL.] Form 3. day of [Under act of May 14, 1898-Alaska, page 113.] FORMS FOR DUE PROOFS AND VERIFICATION OF MAPS OF RIGHT OF WAY FOR RAILROADS, TRAMWAYS, WAGON ROADS, ETC. Form 1. I, -, secretary (or president) of the company, do hereby certify that the organization of said company has been completed; that the company is fully authorized to proceed with construction according to the existing laws of the State (or Territory) of ; and that the copy of the articles of association (or incorporation) of the company filed in the Department of the Interior is a true and correct copy of the same. In witness whereof I have hereunto set my name and the corporate seal of the company. [SEAL OF COMPANY.] (Sign.) 18-. day of of the Register. 88: com being duly sworn, says that he is the president of the pany, and that the following is a true list of the officers of the said company, with the full name and official designation of each, to wit: (Here insert the full name and official designation of each officer.) [SEAL OF COMPANY.] Company. President of Company. 189-. Notary Public. STATE OF 88: County of -, being duly sworn, says he is the chief engineer of (or is the person employed to make the survey by) the company; that the survey of the said If the testimony is to be taken before the register and receiver, and not under rule 35, the words in ( ) parenthesis should be erased. 2 If personal service can be obtained, the register should erase the last paragraph before signing this notice. company's line of (railroad, tramway, or wagon road) described as follows: (here describe the line of route as required by paragraph 14), a length of miles, was made by him (or under his direction) as chief engineer of (or as surveyor employed by) the company and under its authority, commencing on the day of 189-, and ending on the - day of 189-; that the survey of said land is accurately represented on this map and by the accompanying field notes; and that this proposed right of way does not lie within 4 rods of the shore of any navigable waters, except as shown on this map. (In the case of a tramway or wagon road, add the following: The said line of road does not lie upon nor cross any road or trail in common use for public travel except as shown on this map.) day of Sworn and subscribed to before me this [SEAL.] 1, that Attest: [SEAL OF COMPANY.] STATE OF Form 4. do hereby certify that I am president of the " company; who subscribed the accompanying affidavit, is the chief engineer of (or was employed to make the survey by) the said company; that the survey of the said (railroad, tramway, or wagon road), as accurately represented on this map and by the accompanying field notes, was made under authority of the company; that the company is duly authorized by its articles of incorporation to construct the said (railroad, tramway, or wagon road) upon the location shown upon this map; that the said survey as represented on this map and by said field notes was adopted by resolution of its board of directors on the day of 189-, as the definite location of the said (railroad, tramway, or wagon road) described as follows: (describe as in Form 3); that this proposed right of way does not lie within 4 rods of the shore of any navigable waters, except as shown on this map; and that this map has been prepared to be filed in order to obtain the benefits of sections 2 to 9, inclusive, of the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes."1 I further certify that the said (railroad or tramway) is to be used as a common carrier of freight and passengers. President of the Form 5. Sworn and subscribed to before me this [SEAL.] 189-. day of 9 County of 88: com -, being duly sworn, says that he is the chief engineer of (or was employed to construct the railroad, tramway, or wagon road of) the pany; that said (railroad, tramway, or wagon road) has been constructed under his supervision, as follows: (describe as in paragraph 14) a total length of miles; that construction was commenced on the day of 189-, and completed on the 189-; that the constructed (railroad, tramway, or wagon road) conforms to the map and field notes which received the approval of the Secretary of the Interior on the day of day of " 189-. , Notary Public. 189-. Company. 2 Secretary. Notary Public. Form 6. I, do hereby certify that I am the president of the 2 company; that the (railroad, tramway, or wagon road) described as follows: (describe as in Form 5) was actually constructed as set forth in the accompanying affidavit of chief engineer (or the person employed by the company in the premises); that the location of the constructed (railroad, tramway, or wagon road) con The last sentence to be omitted from applications for wagon-road right of way. " forms to the map and field notes approved by the Secretary of the Interior on the day of 189-; and that the company has in all things complied with the requirements of sections 2 to 9, inclusive, of the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes." President of the Company. Attest: [SEAL OF COMPANY.] STATE OF County of I, that Form 7. 88: " ――――――――――― 9 being duly sworn, says he is the chief engineer of (or is the person employed to make the survey by) the company; that the survey of the tract described as follows: (here describe as required by paragraph 14) an area of acres, and no more, was made by him (or under his direction) as chief engineer of the company (or as surveyor employed by the company), and under its authority, commencing on the day of 189-, and ending on the day of 189-; that the survey of the said tract is accurately represented on this plat and by the accompanying field notes; (that the company has occupied no other grounds for similar purposes upon public lands within the section of [5 or 10] miles, from the mile to the mile, for which this selection is made); that in his belief, the said grounds are actually and to their entire extent required by the company for the necessary uses contemplated by the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes;" that the said tract does not lie within 4 rods of the shore of any navigable waters except as shown on this map, and that to the best of my knowledge and belief there is no settlement or other claim along the shore of any navigable waters upou land within 80 rods of any point of this tract except as shown on this map. Subscribed and sworn to before me this [SEAL.] ATTEST: [SEAL OF COMPANY.] Secretary. Form 8. do hereby certify that I am president of the company; " ――――――――――――――― 2 who subscribed the accompanying affidavit, is the chief engineer of (or was employed to make the survey by) the said company; that the survey of the tract described as follows: (here describe as in Form 7) an area of - acres, and no more, was made by him as chief engineer of (or as surveyor employed to make the survey by) the said company; that the said survey, as accurately represented on this map and by the accompanying field notes, was made under authority of the company; that the said survey, as represented on this map and by said field notes, was adopted by resolution of its board on the day of 189-, as the definite location of said tract for (station, terminal, or junction grounds); (that the company has occupied no other grounds for similar purposes upon public lands within the section of [5 or 10] miles, from the mile to the mile, for which this selection is made); that, in his belief, the said grounds are actually and to their entire extent required by the company for the necessary uses contemplated by the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes;" that the said tract does not lie within 4 rods of the shore of any navigable waters except as shown on this map, and that, to the best of my knowledge and belief, there is no settlement or other claim along the shore of any navigable waters upon land within 80 rods of any point of this tract except as shown on this map. Company. President of the Notary Public. Secretary. This clause is to be omitted in applications for terminal or junction grounds. INDEX. [Full-face numerals indicate pages on which copies of laws, or parts of laws, may A. Page. Abandoned military reservations, disposal of 80-82, 188, 235, 238 92 Contest for, against homesteader granted leave of absence Of claim after removal of timber, construed. 35 be found.] 92 Absentee Shawnee lands, Oklahoma 5, 41, 88-89, 226 Acts of Congress: March 3, 1857, sec. 5-Perjury in land cases, and punishment for. June 22, 1874-Relief of settlers on railroad lands February 27, 1877-Board of equitable adjudication 95 Entry of public lands in States having no land offices. 39-44, 164 Homestead proof; amending section 2291, Rev. Stat. 36, 85, 140–141, 165 Timber and stone lands. Service of contest notices by publication.. June 14, 1878- Cutting of timber on mineral lands in certain States and Terri- tories 110, 112-113 Conversion of preemption filing into homestead entry 162, 169 8 135 16, 167 8, 169 Amending section 2403, R. S., relative to deposits for surveys... 102, 170 171, 183 Publication of notice of intention to make proof.. July 1, 1879- Additional rights of homestead settlers within railroad limits in Relief of settlers on lands subject to grasshopper incursions. 31-34, 172, 183 May 14, 1880-Relinquishments, preference right of contestants, and because of crop failures in 1879 or 1880.. 176-177 June 8, 1880-Perfection of claims, where settlers become insane.. 15,177,264 June 15, 1880-Condoning timber trespass, attempted sale of home- 305. 4, 6, 26-27, 178-179 -20 178 |