Fourth. To due compliance with all the requirements of the homestead law by the claimant up to the date of submitting proof.

Proof of publication of notice must also be furnished as in ordinary

cases.

4. At the time of submitting proof, as provided in the preceding paragraph, the entryman shall file with you triplicate plats of the survey of the land applied for, duly verified by the oaths of himself and the surveyor. Such plats shall be made on tracing linen and on a scale of 100 feet to 1 inch; they shall be provided with a margin sufficient to contain the oaths of the entryman and the surveyor and the approval of the Secretary of the Interior; they must state the name of the city or town, describe the exterior boundaries thereof according to the lines of public surveys, exhibit the streets, squares, blocks, lots, and alleys, and must specifically set forth the size of the same, with measurements and area of each municipal subdivision; and if the survey was made subsequent to May 2, 1890, the plats must also show that the provisions of the first proviso of the section of the act under consideration have been complied with, viz: the setting apart of "reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than ten nor more than twenty acres."

5. It is of the utmost importance that all plats of town sites should be correct. The size of each lot should be stated, and if the lot is irregular in shape the width at each end should be indicated; the width of each street and alley should be marked, and the dimensions, together with the area of the reservations and parks, indicated.

Whenever an entry is made adjacent to a town already in existence the streets must conform to the streets already established, and this must be stated in the affidavit of the surveyor. The affidavit of the surveyor shall also contain a statement of what tract of land is surveyed as the town site and that the tracts reserved for public purposes contain the requisite amount of land.

The affidavit of the party applying to make the entry shall embrace the statement that the application to enter the described tract of land as the town site of is made under the provisions of the second proviso to section 22 of the act of May 2, 1890, entitled "An act to provide a temporary government for the Territory of Oklahoma," etc., that all streets, alleys, parks, and reservations are dedicated to public use and benefit, and that the plat is correct according to the survey made by the proper surveyor.

6. At the time of submitting proof and filing the triplicate plats the claimant shall tender to the receiver the purchase price of the land applied for, exclusive of the portions reserved for parks, schools, and other public purposes (which are to be patented as a donation to the town when organized as a municipality, for the specific purposes for which they were reserved), payment to be made by draft on New York made payable to the order of the Secretary of the Interior, at the rate of $10 per acre for that portion of the land actually entered.

You will thereupon transmit the proof and triplicate plats to this office for examination and the approval of the Secretary of the Interior, together with the application to make entry and your joint report as to the status of the land applied for, and at the same time you will transmit to the Secretary of the Interior the draft tendered in payment for the land, making references in each letter to the other.

S. Doc. 396, 59-2, pt 3—2

7. When the proof and triplicate plats are received by this office, if found to be regular and in accordance with these regulations, they will be forwarded to the Secretary of the Interior, with recommendation that the plats be approved.

Should the triplicate plats be approved, and receipt of the purchase price of the land be acknowledged by the Secretary, one of said approved plats will be retained in this office and the other two will be returned to you with directions to the register to issue final certificate for the land embraced in said approved plats (exclusive of the lands to be donated and maintained for public purposes as heretofore provided), such certificate to be given the current number of the series of cash entries issued by your office and to be transmitted to this Office by special letter. Receipt of the purchase money having been acknowledged by the Secretary of the Interior, no final receipt will be issued by the receiver. One of the approved plats returned to you will be retained in your office and the other you will deliver to the applicant, to be by him filed and made of record in the office of the recorder of deeds of the county in which the town is situated.

8. Upon the issuance of final certificate you will note on your records the commutation of the applicant's homestead entry, in whole or in part, as the case may be. When patent is ready for delivery the entryman will be required to surrender his duplicate homestead receipt for transmittal to this Office if the entire homestead entry is commuted, or to deliver the same to you to have the commuted town-site entry noted thereon and returned to the entryman if the homestead entry is commuted in part only, before said patent will be delivered.

9. The foregoing regulations will be observed in all cases in which the entry and claimant's application to commute for town-site purposes are free from protest, contest, or other adverse proceedings. But in all cases in which, at the time of submitting proof, or prior thereto, a protest or an affidavit of contest is filed, you will take appropriate action on such protest or contest in accordance with the prevailing practice in ordinary homestead, commutation, or finalproof cases before transmitting the papers to this Office, and should such action be adverse to the application to commute, or favorable thereto, and an appeal be filed by the contestant, you will not require tender of the purchase price of the land sought to be purchased for town-site purposes until you are advised of the final determination of such protest or contest proceedings by this Office or the Department favorable to the application to purchase. When so advised you will require the applicant to make immediate tender of the purchase money, which you will transmit to the Secretary of the Interior and advise this Office thereof as hereinbefore provided.

Protest or contest affidavits filed in your office after the transmittal of the proof and triplicate plats to this Office will not be considered by you, but must be promptly transmitted to this Office for appropriate action. After the approval of the triplicate plats by the Secretary of the Interior no protest or contest relating thereto will be entertained by your office or this Office, but should one be filed with you it will be forwarded to this Office, to be transmitted to the Secretary of the Interior for appropriate action.

10. In all contested cases the contestant will be required to file with you a sworn and corroborated statement of his grounds of action, and that the contest is not initiated for the purpose of harassing the claim

ant and extorting money from him under a compromise, but in good faith to prosecute the same to a final determination, and if the allegations therein contained are considered sufficient to warrant the ordering of a hearing the same will be ordered upon compliance by the contestant, with the condition that he shall deposit with you a sufficient sum to cover the cost thereof.

Notice of your actions or decisions in all matters affecting an entry, or an application to commute for town-site purposes, under the foregoing instructions, and the proof thereof, shall be the same as in ordinary cases; and any person feeling aggrieved by your judgment in such matters may, within thirty days from notice thereof, appeal to this Office. Within the time allowed for filing an appeal, the appellant shall serve a copy of the same on the appellee, who will be allowed ten days from such service within which to file his brief and argument. Appeals from the decisions of this Office lie to the Secretary of the Interior the same as in other matters of like character, such appeal and service thereof to be filed within sixty days from notice of the decision of this Office from which appeal is taken, in accordance with the rules of practice.

Motions for review of the decisions of your office shall be filed and served within the time allowed for appeal, and motions for review of the decisions of this Office and of the Secretary of the Interior shall be filed and served within thirty days from notice thereof.

11. The act under consideration provides that the sums received by the Secretary of the Interior for commuted town-site entries shall be paid over to the proper authorities of the municipalities when organized, to be used by them for school purposes only.

Before the money can be paid over there must be satisfactory evidence that the municipality has been organized as required by the laws of Oklahoma.

In support of an application by the proper municipal officers for payment of the money deposited with the Secretary of the Interior for a particular commuted town-site entry the following evidence shall be furnished:

First. A duly certified copy, under seal, of the order of the board of county commissioners, declaring that the specified territory shall, with the assent of the qualified voters, be an incorporated town, also the notice for a meeting of the electors, as required by paragraph 5 of article 1, chapter 16, of the statutes of Oklahoma.

Second. A like certified copy of the statement of the inspectors filed with the board of county commissioners, also a like certified copy of the order of said board, declaring that the town has been incorporated, as provided by paragraph 9 of said article 1.

Third. A like certified copy of the statement of the inspectors, filed with the county clerk, declaring who were elected to the office of trustees, clerk, marshal, assessor, treasurer, and justice of the peace, as provided by paragraph 16 of said article 1.

Fourth. A like certified copy, by the town clerk, of the proceedings of the board of trustees electing one of their number president, also, a copy of the qualifications to act, by each of the officers mentioned, as provided by paragraph 19 of said article 1.

Fifth. A certified copy, by the town clerk, of the proceedings of the board of trustees, designating some officer of the municipality to make application for and to receive the money to be paid by the Secretary of the Interior.

Sixth. A proper application for the money by said designated officer. Said application shall be addressed to the Secretary of the Interior and may either be filed in your office for transmittal to this Office or forwarded by the municipal authorities direct to this Office. When the same is received by this Office, if the application and accompanying evidence is in accordance with the requirements herein mentioned, it will be transmitted to the Secretary of the Interior, and when approved by him the money will be paid over to the designated officer to be used by the municipality for school purposes only as required.

12. When the towns herein provided for are organized as municipal ities, applications, accompanied by proof of municipal organization similar to that provided in the preceding paragraph, shall be made for patents for the reservations which the act under consideration provides shall be made for parks, schools, and other public purposes, and which are to be donated to the municipalities when duly organized as

such.

The application for patent shall be made by the mayor or other proper municipal authority; shall be addressed to the Secretary of the Interior, and shall particularly describe the reservations to be patented according to the approved plats of said town site. Said application shall be filed in your office, and if you find the accompanying evidence of municipal organization and authority to make application to be in accordance with these regulations, the register will issue certificate thereon, as follows:

No. .]

Land Office at

(Date)

......

19..

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.

You will give to certificates of this character a separate series of numbers, giving to each certificate its consecutive number in the series, and when issued you will transmit the same to this office, together with the application for patent and accompanying evidence, by special letter.

When such certificate is examined and approved by this office, patent will issue in accordance therewith.

The regulations of July 18, 1890 (11 L. D., 68), and subsequent modifications thereof, inconsistent herewith, are hereby revoked.

Very respectfully,

Approved:

HOKE SMITH, Secretary.

S. W. LAMOREUX, Commissioner.

PREPARATION AND TRANSMISSION OF MONTHLY AND
QUARTERLY ACCOUNTS AND RETURNS.

CIRCULAR.]

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., June 8, 1900.

To registers and receivers of United States land offices and disbursing agents.

GENTLEMEN: Your particular attention is directed to the following

statutes:

Section 456, Revised Statutes (as amended by act of July 31, 1894, 28 Stat., 162), “All returns relative to the public lands shall be made to the Commissioner of the General Land Office."

Section 2234, Revised Statutes (as amended by the act of January 27, 1898, 30 Stat., 234), "There shall be appointed by the President, by and with the advice and consent of the Senate, a register of the land office and a receiver of public moneys for each land district established by law, who shall have charge of and attend to the sale of public and Indian lands within their respective districts, as provided by law and official regulations, and receivers shall be accountable under their official bonds for the proceeds of such sales, and for all fees, commissions, or other moneys received by them under any provision of law or official regulation."

Under the act of July 31, 1894, supra, all accounts relating to the public lands must be transmitted to the Commissioner of the General Land Office, where such accounts will be examined, approved, or disapproved, and transmitted to the Auditor for the Interior Department to be settled. Such accounts, if monthly, must be mailed or otherwise sent from the local office within ten days after the end of the month to which they relate, and if quarterly or other accounts, within twenty days after the period to which they relate.

That uniformity may be observed in the manner of making up the monthly and quarterly returns required from United States district land offices it is directed that in future when preparing returns that may become due from your respective offices you will be governed by the following rules:

SEC. 1. In filling up the register's certificates of purchase and receiver's receipts for ordinary cash entries, homestead affidavits, and the final certificates, the Christian name of the purchaser or entryman, as the case may be, should be written out in full in every instance, special care being taken with respect to the correct orthography of the name, as well as in the discrimination between male and female names where they nearly resemble each other in sound or spelling, and the name of the county and State in which the party resides should invariably be inserted in the respective documents, as