Chapter 182. To amend section twenty-two hundred and ninety-four of the Revised Statutes of the United States
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CHAP. 182.— An Act To amend section twenty-two hundred and ninety-four of the Revised Statutes of the United States. March 11, 1902.[[Public, No. 39](/us/pl/57/39).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That section twenty-two hundred Public lands. R. S., sec. 2294, p. 421, amended.and ninety-four of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:
" “Sec. 2294. That, hereafter all affidavits, proofs, and oaths of any Judicial officers before whom affidavits, etc., may be made.kind whatsoever required to be made by applicants and entrymen under 64the homestead, preemption, timber-culture, desert-land, and timber and stone Acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States com-missioner or commissioner of the court exercising federal jurisdiction in the territory or before the judge or clerk of any court of record in Proviso.
Affidavits taken out of county.the land district in which the lands are situated: *Provided,* That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken out of the county in which the lands is located the applicant must show by affidavit, satisfactory to the Commissioner of the General Land Office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located; but such showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is published in which the final proof notice is printed.
The proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them with the Penalty for false swearing.fees and commissions allowed and required by law. That if any witness making such proof, or any applicant making such affidavit or oath, shall knowingly, willfully, or corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths be shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as Fees for entries, etc.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 receiver, 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. Penalty for excessive fees. “Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a tine not exceeding one hundred dollars.
” " Approved, March 11, 1902.