24 



3. Should the charges, if not disputed, justify the rejection or cancellation of 

 the entry or claim the local officers will be duly notified thereof and directed 

 to issue notice of such charges in the manner and form hereinafter provided 

 for, which notice must be served upon the entryman and other parties in interest 

 shown to be entitled to notice. 



4. The notice must be written or printed and must state fully the charges as 

 contained in the letter of this Office, the number of the entry or claim, subdivision 

 of land involved, name of entryman or claimant or other known parties in 

 interest. 



5. The notice must also state that the charges will be accepted as true, (a) 

 unless the entryman or claimant files in the local office within thirty days from 

 receipt of notice a written denial of said charges with an application for a 

 hearing, (ft) or if he fails to appear at any hearing that may be ordered in the 

 case. If the entryman or claimant applies for a hearing he may indicate 

 therein the time and place for such hearing, subject to the approval of the 

 local officers, the time to be not less than sixty days from date of his applica- 

 tion therefor. 



6. Notice of the charges may be personally served upon the proper party by 

 the local officers at their office, but if this can not be done they will deliver the 

 notice to the special agent for service under the rules. If the special agent 

 can not secure personal service, notice may be served, upon sufficient showing 

 by the special agent or other qualified person, by publication. The register 

 will require such publication to be made under the rules. 



7. If a hearing is asked for, the local officers will consider the same and 

 confer with the special agent relative thereto and fix the hearing for the date 

 and place stated in the application, if practicable under the rules, due notice 

 of which must be given entryman or claimant. The above notice may be served 

 by registered mail. 



8. The special agent will duly submit, upon the form provided therefor, to 

 the receiver of public moneys, an estimate of the probable expense required on 

 behalf of the Government. The special agent will also serve subpoenas upon 

 the Government witnesses and take such other steps as are necessary to prepare 

 the case for prosecution. 



9. The special agent must appear with his witnesses on the date and at the 

 place fixed for said hearing, unless he has reason 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. 



10. If the entryman or claimant fails to 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 sub- 

 mitting 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 

 Government to assume the burden of proving the special agent's charges. 



12. If the entryman or claimant fails to apply for a hearing or to appear at a 

 hearing applied for, as provided in paragraph 10, or if .a hearing is had, as pro- 

 vided 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 but need not be served upon 

 the special agent, nor will the special agent file any appeal or brief unless 

 directed to do so by this office. 



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

 notices served on claimants or entrymen must likewise be served upon trans- 

 ferees or mortgagees, as provided in Rule 8 of Practice. 



Very respectfully, 



W. A. RICHAKDS, Commissioner. 



Approved: 



E. A. HITCHCOCK, Secretary. 



