NATIONAL FOKEST MANUAL LAWS. 



23 



make the affidavit required by law before the officer commanding in 

 the branch of the service in which the party is engaged, which affidavit 

 shall be as binding in law, and with like penalties, as if taken before 

 the register or receiver; and upon such affidavit being filed with the 

 register by the wife or other representative of the party, the same shall 

 become effective from the date of such filing, provided the application 

 and affidavit are accompanied by the fee and commissions as required 

 by law. 



SEC. 2294. That hereafter all proofs, affidavits, and oaths of any Affidavits and 

 kind whatsoever required to be made by applicants and entrymen whom taken. 01 

 under the homestead, preemption, timber-culture, d3sert-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 lands are 

 situated: Provided, That in case the affidavits, proofs, and oaths 

 hereinbefore mentioned be taken out of the county in which the land 

 is located the applicant must show by affidavit, satisfactory to the Com- 

 missioner 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 pub- 

 lished in which the final 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 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 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. 



"Any officer demanding or receiving a greater sum for such service 

 shall be guilty of a misdemeanor, and upon conviction shall be pun- 

 ished for each offense by a fine not exceeding one hundred dollars." 

 (As amended Mar. 4, 1904, 33 Stat., 59.) 



False swearing. 



Fees. 



SEC. 2296. No lands acquired under the provisions of this chapter 

 shall in any event become liable to the satisfaction of any debt con- 

 tracted prior to the issuing of the patent therefor. 



SEC. 2297. If, at any time after the filing of the affidavit, as required 

 in section twenty-two hundred and ninety, and before the expiration 

 of the five years mentioned in section twenty-two hundred and ninety- 

 one, it is proved, after due notice to the settler, to the satisfaction of 

 the register of the land office, that the person having filed such affidavit TT 

 has actually changed his residence, or abandoned the land for more 

 than six months at any time, then and in that event the land so entered 

 shall revert to the Government: Provided, That where there may be 

 climatic reasons the Commissioner of the Gener?! Land Office may, 

 in his discretion, allow the settler twelve months from the date of 

 filing in which to commence his residence on said land under such 

 rules and regulations as he may prescribe. (As amended Mar. 3, 1881, 

 21 Stat., 511.) 



SEC. 2298. No person shall be permitted to acquire title to more 

 than one quarter section under the provisions of this chapter. 



SEC. 2301. Nothing in this chapter shall be so construed as to pre- 

 vent any person who shall hereafter avail himself of the benefits of 



Homesteads 



to 



Commutation. 



