Chapter 181. To permit change of entry in case of mistake of the description of tracts intended to be entered
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CHAP. 181.— An Act To permit change of entry in case of mistake of the description of tracts intended to be entered. February 24, 1909.[[H. R. 26734](/us/bill/70/hr/26734).][[Public, No. 258.](/us/pl/70/258)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section twenty-threePublic lands.R. S., sec. 2372, p. 434, amended. hundred and seventy-two of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows:
“Sec. 2372. In all cases where an entry, selection, or location hasErroneous entries corrected. been or shall hereafter be made of a tract of land not intended to be 646 entered, the entryman, selector, or locator, or, in case of his death, his legal representatives, or, when the claim is by law transferable, his or their transferees, may. in any case coming within the provisions of this section, file his or their affidavit, with such additional evidence as canEvidence of error to be filed. be procured showing the mistake as to the numbers of the tract intended to be entered and that every reasonable precaution and exertion was used to avoid the error, with the register and receiver of the land district in which such tract of land is situate, who should transmitTransmission of, to General Land Office. the evidence submitted to them, in each case, together with their written opinion both as to the existence of the mistake and the credibility of every person testifying thereto, to the Commissioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made and that every reasonable precaution and exertion has been made to-avoid it, is authorized to change the entry and transferChange of entry, etc. the payment from the tract erroneously entered to that intended to be entered, if the same has not been disposed of and is subject to entry, or, if not subject to entry, then to any other tract liable to such entry, selection, or location; but the oath of the person interested shall in noOath of beneficiary to be corroborated. case be deemed sufficient, in the absence of other corroborating testimony, to authorize such change of entry, nor shall anything herein contained affect the right of third persons.
” Approved, February 24, 1909.