Chapter 394. To amend the Act of Congress of March eleventh, nineteen hundred and two, relating to homesteads
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CHAP. 394.— An Act To amend the Act of Congress of March eleventh, nineteen hundred and two, relating to homesteads. March 4, 1904. [[H. R. 8435](/us/bill/58/hr/8435).] [[Public, No. 37](/us/pl/58/37).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands. Vol. 32, p. 63, amended. That an Act entitled “An Act to amend section twenty-two hundred and ninety-four of the Revised Statutes of the United States,” approved March eleventh,*Post*, p. 64. nineteen hundred and two, be, and the same is hereby, amended to read as follows:
" “That section twenty-two hundred and ninety-four of the Revised[R. S. sec. 2294, p. 421](/us/rs/s2294/p421), amended. Statutes of the United States be, and the same is hereby, amended so as to read as follows: " “Sec. 2294. That hereafter all proofs, affidavits, and oaths of anyJudicial officers before whom affidavits, etc., may be made. kind whatsoever required to be made by applicants and entry men under the 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 commissioner or commissioner of the court exercising Federal jurisdiction in the Territory or before the judge or clerk of any court of record in the county, parish, or land district in which the landsCounty and parish added. are situated: *Provided,* That in ease the affidavits, proofs, and oaths*Proviso*.Affidavits taken out of county. herein before mentioned be taken out of the comity in which the land 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 news-paper is published in which the final proof notice is printed.
TheForce and effect of affidavits. proof, affidavit, and oath, when so made and duly subscribed, or which may have heretofore been 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 fees and commissions allowed and required by law. That if any witness making such proof, or anyPenalty for false swearing. applicant making such affidavit or oath, shall knowingly, willfully, or 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 penalties as if lie bad sworn falsely before the register.
That the fees for entries and for final proofs, whenFees for entries, etc. 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. “‘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 line not exceeding one hundred dollars.’” " " Approved, March 4, 1904.