Chapter 355. to amend section twenty-two hundred and ninety-four of the Revised Statutes of the United States, and for other purposes
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CHAP. 355.— An Act to amend section twenty-two hundred and ninety-four of the Revised Statutes of the United States, and for other purposes.May 26, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Public lands.Homesteads, to.[R. S., sec. 2294. p. 421, amended](/us/rs/t/s2294/p421). That section twenty-two hundred and ninety-four of the Revised Statutes be, and the same is hereby, amended so that it will read as follows:
" Sec. 2294. In any case in which the applicant for the benefit of theWhen applicants may make affidavit before commissioner of United States circuit court or clerk of court. homestead, preemption, timber culture, or desert land law is prevented. by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office, he or she may make the affidavit required by law before any commissioner of the United States circuit court or the clerk of a court of record for the county in which the land is situated, and transmit the same, with the fee and commissions to the register and receiver.
“That the proof of settlement, residence, occupation, cultivation,Proof of residence.[R. S., sec. 2291, p. 420, amended](/us/rs/t/s2291/p420). irrigation, or reclamation, the affidavit of non-alienation, the oath of allegiance, and all other affidavits required to be made under the homestead, preemption, timber culture, and desert land laws, may be made before any commissioner of the United States circuit court,Before United States commissioner, judge, or clerk of court, etc. or before the judge or clerk of any court of record of the county or parish in which the lands are situated; and the proof, affidavit, and oath, when so made and duly subscribed, shall nave the same force and effect as if made before the register and receiver, when transmitted to them, with the fee and commissions allowed and required by law.
That if any witness making such proof, Penalty for false swearing.or any applicant making such affidavit or oath, shall knowingly, willfully, and corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalty as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiverFees for entries, etc. thus made. shall be as follows:
“For each affidavit, twenty-five cents. “For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents, “For each deposition of claimant or witness prepared by the officer one dollar. “Any officer demanding or receiving a greater sum for such servicePenalty for excessive fees. shall be guilty of a misdemeanor, and, upon conviction, shall be punished for each offense by a fine not exceeding one hundred dollars.” " Approved, May 26, 1890.