32 LAWS APPLICABLE TO THE NATIONAL EOEESTS. 



after prescribed, suspend action on the final proof for 60 days from 

 date thereof, or, upon the request of the forest supervisor, where 

 climatic or other conditions require, for such time, not to exceed 6 

 months, as will enable him to make an examination of the claim, 

 unless in the meantime they shall receive notice of no protest as here- 

 inafter provided. In each case, however, where the register and 

 receiver, upon examination of the final proof at any time after its 

 submission, find it to be incurably defective, the same will be rejected 

 and the Forest Service so advised, notwithstanding the time within 

 which a protest may be filed hereunder has not expired. 



3. The forest supervisor, upon receipt of the statement mentioned 

 in paragraph 1, or the notice mentioned in paragraph 2, will at once 

 make investigation of the claim and will submit to the district 

 forester a report thereon, unless immediate investigation is impos- 

 sible because of climatic or other conditions, when an extension of 

 time will be requested as provided in paragraphs 1 and 2 hereof, 

 and the investigation will be made and the report submitted as soon 

 as possible within the period of extension. The district forester will 

 promptly consider the report and if of opinion that no protest should 

 be filed, will so advise the register and receiver. If the district for- 

 ester is of opinion that a protest should be made, he will transmit 

 the papers to the district assistant to the Solicitor, who will prepare 

 for his signature a protest, not under oath or corroborated, in which 

 shall be plainly and briefly stated the grounds upon which the protest 

 is based. The protest shall be filed in triplicate with the register 

 and receiver of the proper local land office. 



4. Upon receipt of the protest, the register and receiver shall imme- 

 diately forward a copy thereof to the Commissioner of the General 

 Land Office, in accordance with rule 4 of the Rules of Practice, and 

 in every case i mm ediately issue the notice required by rule 5 thereof, 

 accompanied by a copy of the protest, stating that unless the adverse 

 party appears and answers the allegations of said notice within 30 

 days after service thereof, the allegations of the protest shall be taken 

 as confessed. Upon the filing of the answer, the register and receiver 

 shall set a date for a hearing, after consultation with the district 

 assistant to the Solicitor, and notify parties as provided in the Rules 

 of Practice. Upon failure of the claimant to appear at the hearing 

 the allegations of the protest will be taken as confessed. Hearings 

 shall be conducted in accordance with the Rules of Practice. In other 

 than mineral cases action upon the application and upon the final 

 proof, which may be offered in the usual manner, shall be suspended 

 pending the final determination of the protest, except as provided in 

 paragraph 2 hereof for the disposition of incurably defective proof. 

 In mineral applications for patent the proof should be considered on 

 its merits, and if found regular, certificate issued, but the claimant 

 should be advised in such case that patent will be witheld by the 

 General Land Office pending determination of the protest. 



5. If no protest be filed within the time limit as provided in para- 

 graphs 1 and 2 hereof, the register and receiver shall take appropriate 

 action upon the application or the final proof. But in no case, in the 

 absence of the filing of a protest or a no-protest notice as hereinabove 

 provided, shall patent issue until the Commissioner of the General 

 Land Office is notified by. or ascertain from, the Forester that the 

 claim will not be protested as provided in paragraph 6 hereof. 



