OCR Text |
Show fttfary of Interior Approves K xeff Rules Simplify- II' ing Practice. Ky IMPORTANT CHANGES M R-MODES OP PROCEDURE iljer Authority Granted Reg-Kers Reg-Kers and Receivers, Irre-lEpeclive Irre-lEpeclive of Commissioner. K,v to Tin Tribune. JKsHlKGTOS', Dec. 19. The secre-the secre-the Interior has approved new Si cf jtactlce" governing: cases before E'ilted Slates local land offices, the HL land office and the department jHfciinterior. The purposes of the re-to re-to simplify practice, to avoid K!tc;.ury delays, and to reduce the B of successive appeals, In the in-ET in-ET of the litigant. At present the Et of appenls gives an advantage ; MjtKUCitant of wealth over one who H-fcin- rules materially change those .Ktes'y'in force In respect to a num-Ejfwttcrs. num-Ejfwttcrs. some of tho most import-Ht! import-Ht! which are as follows: the former rules a contest E:' an entry or claim of record to Initiated by any person, mu ho desired to acquire title to tho mE involved or not. while under the SrrclH contests arc confined to- por-;H. por-;H. ,b0 seek to acqulru . title to or jEt in interest in the land involved, cround of contest must be based jWWtl'ns not disclosed by the records sH&lind department. gB. investigate Contests. Httc!tjt by any other jurson than one (Bs? to acquire title to the land, or CBlms an Interest in tho land, will HMtoitl&cted by agents of the depart-tflfat. depart-tflfat. Through these means unnecessary, t'JI as speculative and vexatious, will bo avoided. jEuitr authority is granted registers ttctlvers of local land offices IKcout the country, in that they are to allow an application to Ktatlnanv cave without referring tho Eto the commissioner of the gen-jKl gen-jKl ijsd office, as they have heretofore SEc friulrt-d to do in certain classes of Ei. thus saving time incident to for-!B&;, for-!B&;, consideration, and return of pn-jKwore pn-jKwore proceeding upon the contest. Btu" rules provide that a copy of fPT affidavit of contest must be lm-JHtrfd. lm-JHtrfd. forwarded to the commissioner JBdt jtooial laud nfflcc. thus prevent -complication Incident to action in ktsc cf the pending proceeding. HpRi jiy registered mail Is considered jHeul service, and upon failure of . the fBeitt, or defendant, to answer, tho SnUons of the contest will be taken jwtes (or review of decisions of tho k&ioncr of (lie general land office (iiMisbed, and motions for review and Hw of the decisions of the secre-nt! secre-nt! tho Interior are likewise abol- Bchearing on Petition. tlMjfi'-iJ of the latter. irovIslon Is made gjt t petition for rehearing, which must be served on tho adverse parties and filed In tho general land office, or In tho appropriate local land offico for transmittal trans-mittal through tho genoral land office, within thirty days after service of notice of tho decision. A further material change is made In that only thirty days are hereafter to be allowed within which an appeal may bo taken from the decision of tho commissioner commis-sioner of the general land offico to the secretary of the interior. Under the old rules parties were allowed sixty days In which to appeal to the department from a decision of tho general land office". By these changes the period of litigation litiga-tion is made shorter, and the work of the department materially reduced. The new rules contain other important changes and will become effective February Feb-ruary 1, 1911. In the meantime, the general gen-eral land office hns been Instructed to promulgate the rules In such a manner as to give as much publicity thereto as possible. |