NATIONAL FOREST MANUAL LAWS. 19 





7. If a hearing is asked for, the local officers will consider the same . Dates for hear- 

 and confer with the chief of field division relative thereto and fix a date ing- 



for the hearing, due notice of which must be given entryman or claim- 

 ant. The above notice may be served by registered mail. By ordi- 

 nary mail a like notice will be sent the* chief of Field Division, and 

 when the land is in a national forest the proper forest field officer will 

 be also notified. 



8. The chief of Field Division will duly submit, upon the form pro- Estimate of ex- 

 vided therefor, to this office, an estimate of the probable expense P 61186 - 

 required on behalf of the Government. He will also cause to be served 



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 Appearance at 

 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 appear- 

 ance on behalf of the Government will be required. The special agent 

 must, therefore, keep advised as to whether the defendant intends to 

 appearat 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 Default by 

 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, and the register and receiver will forthwith for- 

 ward the case with recommendation thereon to the General Land Office 

 and notify the parties by registered mail of the action taken. 



11. Upon the day set for the hearing and the day to which it may be . Conductor hear- 

 continued the testimony of the witnesses for either party may be sub- mg- 



mitted, 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 a hearing is had, as provided in paragraph 11, the local officers Decision of lo- 

 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 Appeals and 

 the special agent in charge of hearing, and when land is in a National 



Forest upon the proper district assistant to the Solicitor of the Depart- Service on So- 

 ment of Agriculture. 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. Practice. 

 All notices served on claimants or entrymen must likewise be served 



upon transferees or mortgagees. 



Very respectfully, FRED DENNETT, 



Commissioner. 

 Approved : 



R. A. BALLINGER, Secretary. 



FINAL PROOF NOTICES, ETC. COPIES TO FOREST OFFICERS. 



By instructions of December 31, 1910 (39 L. D., 436), in all cases of 

 applications to make final proof, final entry, or to purchase lands under 

 any public-land law, the registers and receivers are directed to furnish 

 the proper forest officers with copies thereof in triplicate when the 

 lands affected are in the National Fore.- 



FILING OF TOWNSHIP PLATS NOTICES TO FOREST OFFICERS. 



Instructions of January 9, 1911 (39 L. D., 446), to registers and 

 receivers: 



"In all cases where you hereafter receive plats of the surveys of any 

 townships wholly or in part within National Forests, with instructions 

 to file them in your office, you will at once mail to the supervisors of the 

 National Forests within which such townships are located a copy of the 

 notice of such filing required by the instructions of October 21, 1885 

 (4 L. D., 202), for their instruction and guidance. " 



