THE USE BOOK. 295 



to believe that no appearance for the defense will be made, in 

 which event no appearance on behalf of the Government will be 

 required. The special agent must, therefore, keep advised as to 

 whether the defendant intends to appear at the hearing. The 

 chief of field division may, when present, conduct the hearing 

 on behalf of the Government. 



10. If the entryman or claimant fails to deny the charges 

 under oath and apply for a hearing, or fails to appear at the 

 hearing ordered, without showing good cause therefor, such 

 failure will be taken as an admission of the truth of the charges 

 contained in the special agent's report and will obviate any 

 necessity for the Government's submitting evidence in support 

 thereof. 



11. Upon the day set for the hearing and the day to which it 

 may be continued the testimony of witnesses for either party 

 may be submitted, and both parties, if present, may examine 

 and cross-examine the witnesses, under the rules, the Govern- 

 ment to assume the burden of proving the special agent's 

 charges. 



12. If the entryman or claimant fails to apply for n hearing 

 or to appear at a hearing applied for, as provided in paragraph 

 10, or if a hearing is had, as provided in paragraph 11, the 

 local officers will render their decision upon the record, giving 

 due notice thereof in the usual manner. 



13. Appeals or briefs must be filed under the rules and served 

 upon the special agent in charge of hearing. The special agent 

 will not file any appeal or brief unless directed to do so by this 

 office, or the chief of field division. 



14. The above proceedings will be governed by the Rules of 

 Practice. All notices served on claimants or entrymen must 

 likewise be served upon transferees or mortgagee, as provided 

 in Rule 8* of Practice. 



15. At the conclusion of the hearing the chief of field division 

 will pay all proper charges for the Government's case, upon 

 proper vouchers when required; and he will at once make return 

 thereon to this office, showing the amount of authorization ex- 

 pended. 



Very respectfully, R. A. BALLINGEB, 



Commissioner. 

 Approved : 



G. W. WOODRUFF, 



Acting Secretary. 



