Chapter 105. To amend section 2294, United States Revised Statutes, relating to homesteads
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CHAP. 105.— An Act To amend section 2294, United States Revised Statutes, relating to homesteads. February 23, 1923.[[S. 3103](/us/bill/67/s/3103).][[Public, No. 436](/us/pl/67/436).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That section 2294, Public lands.Homestead entries, etc.Vol. 32, p. 63; Vol. 33, p. 59.[R. S., sec. 2294, p. 421, amended](/us/rs/s2294/p421).Revised Statutes of the United States, as amended by the Act of March 11, 1902 (Thirty-second Statutes, page 63), and the Act of March 4, 1904 (Thirty-third Statutes, page 59), be amended to read as follows:
" “Sec. 2294. That hereafter all proofs, affidavits, and oaths of any Additional court officers before whom oaths, etc., may be made.kind whatsoever required to be made by applicants and entrymen 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 1282court of record in the county, parish, or land district in which the *Provisos*.Affidavits outside of land district, etc.lands are situated: *Provided*, That in cases where because of geographic or topographic conditions there is a qualified officer nearer or more accessible to the land involved, but outside the county and land district, affidavits, proofs, and oaths may be taken before such Proof of taking before nearest, etc. officer to be shown.officer: *Provided further*, That in case the affidavits, proofs, and oaths hereinbefore mentioned be taken outside of the county or land district 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 such affidavits, proofs, and oaths; 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 Force and effect of affidavits.proof notice is printed.
The 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 Penalty for false swearing.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 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, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before Fees for entries.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, 25 cents. “For each deposition of claimant or witness, when not prepared by the officer, 25 cents. “For each deposition of claimant or witness prepared by the officer, $1. Penalty for excessive fees. “Any officer demanding or receiving a greater sum for such service shall be guilty of misdemeanor and upon conviction shall be punished for each offense by a fine not exceeding $100.
” " Approved, February 23, 1923.