UNIVERSITY OF CALIFORNIA LOS ANGELES LAW LIBRARY RULES OF PRACTICE IX CASES BEFORE THE nited States District Land Offices, THE GENEPAL LAND OFFICE, AND THE DEPARTMENT OF THE INTERIOR. APPROVED AUGUST 13, 1885. TO TAKE EFFECT SEPTEMBER 1, 1885. 6108 R p [ REPRINT. ] LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES WASHINGTON: GOVERNMENT PRINTING OFFICE. 18 8 7. s mi \\ RULES OF PRACTICE, REVISED. Department of the Interior, General Land Office, Washington, D. C, June 24, 1885. Sir : I have the honor to submit herewith, for your consideration and approval, a revised draft of the rules of practice in cases before the dis- trict land offices, the General Land Office, and Department of the In- terior, embracing such modifications and additions as deemed by me subservient of the good of the practice and public service. Very respectfully, WM. A. J. SPAEKS, Commissioner. Hon. L. Q. C. Lamar, Secretary of the Interior. Department of the Interior, Washington, August 13, 1885. Sir : I have considered the revised draft of rules of practice in land cases submitted by your letter of June 24, 1885, and have, with slight modifications, adopted the same for promulgation, to take effect 1st proximo. The final official draft is herewith inclosed for the files of your office. Very respectfully, L. Q. C. LAMAE, Secretary. The Commissioner of the General Land Office. Department of the Interior, Washington, D. C, August 13, 1885. The following rules of practice for the government of proceedings in this Department and subordinate offices in land cases are hereby pre- scribed, to take effect September 1, 1885. Proceedings under former rules of practice will not bo prejudiced by anything herein contained. L. Q. 0. LAMAE, Secretary. RULES OF PRACTICE. i. PEOCEEDINGS BEFORE EEGISTEES AND EECEIVEES. 1. — Initiation of contests. Eule 1. — Contest may be initiated by an adverse party or other person against a party to any entry, filing, or other claim under laws of Congress relating to the public lands, for any sufficient cause affect- ing tbe legality or validity of the claim. Eule 2. — In every case of application for a hearing an affidavit must be filed by the contestant with the register and receiver, fully setting forth the facts which constitute the grounds of contest. Eule 3. — Where an entry has been allowed and remains of record the affidavit of the contestant must be accompanied by the affidavits of one or more witnesses in support of the allegations made. 2. — Hearings in contested cases. Eule 4. — Eegisters and receivers may order hearings in all cases wherein entry has not been perfected and no certificate has been issued as a basis for patent. Eule 5. — In case of an entry or location on which final certificate has been issued the hearing will be ordered only by direction of the Commissioner of the General Land Office. Eule 6. — Applications for hearings under Eule 5 must be transmitted by the register and receiver, with special report and recommendation, to the Commissioner for his determination and instructions. 3. — Notice of contest. Eule 7. — At least thirty days' notice shall be given of all hearings before the register and receiver unless by written consent an earlier day shall be agreed upon. Eule 8. — The notice of contest and hearing must conform to the fol- lowing requirements: . 1. It must be writtin or printed. 2. It must be signed by the register and receiver, or by one of them. 5 6 3. It must state the time and place of hearing. 4. It must describe the laud iuvolved. 5. It must state the register aud receiver's number of the entry and the land office where, aud the date when, made, and the name of the party making the same. G. It must give the name of the contestant, and briefly state the grounds and purpose of the contest. 7. It may contain any other information pertinent to the contest. 4. — Service of notice. Rule 9. — Personal service shall be made in all cases when possible if the party to be served is resident in the State or Territory in which the laud is situated, and shall consist in the delivery of a copy of the notice to each person to be served. Rule 10.— ^Personal service may be executed by auy officer or person. Rule 11. — Notice may be given by publication alone only when it is shown by affidavit of the contestant, and by such other evidence as the register aud receiver may require, that due diligence has been used and that personal service cannot be made. The party will be required to state what effort has been made to get personal service. Rule 12. — When it is found that the prescribed service cannot be had, either personal or by publication, in time for the hearing provided for in the notice, the notice may be returned prior to the time fixed for the hearing, and a new notice issued fixing another time of hearing, for the proper service thereof, an affidavit being filed by the contestant showing due diligence and inability to serve the notice in time. 5. — Notice by publication. Rule 13. — Notice by publication shall be made by advertising the notice at least once a week for four successive weeks in some newspaper published in the county wherein the land in contest lies; and if no newspaper be published in such county, tben in the newspaper published in the county nearest to such land. The first insertion shall be at least thirty days prior to the day fixed for the hearing. Rule 14. — Where notice is giveu by publication, a copy of the notice shall be mailed by registered letter to the last known address of each person to be notified thirty days before date of hearing, and a like copy shall be posted in the register's office during the period of publication, and also in a conspicuous place on the land, for at least two weeks prior to the day set for hearing. 6. — Proof of service of notice. Rule 15. — Proof of personal service shall be the written acknowledg- ment of the person served or the affidavit of the person who served the notice attached thereto, stating the time, place, aud manner of service. Eule 16. — When service is by publication, the proof of service shall be a copy of the advertisement, with the affidavit of the publisher or foreman attached thereto, showing that the same was successively in- serted the requisite number of times, and the date thereof. 7. — Notice of interlocutory proceedings. Eule 17. — Notice of interlocutory motions, proceedings, orders, and decisions shall be in writing, and may be served personally or by regis- tered letter through the mail to the last known address of the party. Eule 18. — Proof of service by mail shall be the affidavit of the person who mailed the notice, attached to the post-office receipt for the regis- tered letter. 8. — Rehearings. Eule 19. — Orders for rehearing must be brought to the notice of the parties in the same i Eule 20. — A pos- register and receiver may De auoweu on cne uay ux tna.1 uu auwuuu oi the absence of material witnesses, when the party asking for the con- tinuance makes an affidavit before the register and receiver showing — 1. That one or more of the witnesses in his behalf is absent without his procurement or consent ; 2. The name and residence of each witness ; 3. The facts to which they would testify if present ; 4. The materiality of the evidence ; 5. The exercise of proper diligence to procure the attendance of the absent witnesses ; and 6. That affiant believes said witnesses can be had at the time to which it is sought to have the trial postponed; 7. Where hearings are ordered by the Commissioner of the General Land Office in cases to which the United States is a party, continu- ances will be granted in accordance with the usual practice in United States cases in the courts, without requiring an affidavit on the part of the Government. Eule 21. — One continuance only shall be allowed to either party on account of absent witnesses, unless the party applying for a further continuance shall at the same time apply for an order to take the depo- sitions of the alleged absent witnesses. Eule 22. — No continuance shall be granted wnen the opposite party shall admit that the witnesses would, if present, testify to the statement set out in the application for continuance. 8 10. — Depositions on interrogatories. Eule 23. — Testimony may be taken by deposition in the following cases : 1. Where the witness is unable, from age, infirmity, or sickness, or shall refuse, to attend the hearing at the local land office. 2. Where the witness resides more than fifty miles from the place of trial, computing distance by the usually traveled route. 3. Where the witness resides out of or is about to leave the State or Territory, or is absent therefrom. 4. Where from any cause it is apprehended that the witness may be unable or will refuse to attend, in which case the deposition will be used only in event that the personal attendance of the witness cannot be obtained. Eule 24. — The party desiring to take a deposition under Eule 23 must comply with the following regulations : 1. He must make affidavit before the register or receiver, setting forth one or more of the above-named causes for taking such deposition, and that the witness is material. 2. He must *£ ^im the register and receiver the interrogatories to be p.*. "~.~aed to the witness. 3. He must state the name and residence of the witness. 4. He must serve a copy of the interrogatories on the opposing party or his attorney. Eule 25. — The opposing party will be allowed ten days in which to file cross-interrogatories. Eule 26. — After the expiration of the ten days allowed for filing cross- interrogatories a commission to take the deposition shall be issued by the register and receiver, which commission shall be accompanied by a copy of all the interrogatories filed. Eule 27. — The register and receiver may designate any officer au- thorized to administer oaths within the county or district where the witness resides to take such deposition. Eule 28. — It is the duty of the officer before whom the deposition is taken to cause the interrogatories appended to the commission to be written out and the answers thereto to be inserted immediately under- neath the respective questions, and the whole, when completed, is to be read over to the witness, and must be by him subscribed and sworn to in the usual manner before the witness is discharged. Eule 29. — The officer must attach his certificate to the deposition, stating that the same was subscribed and sworn to by the deponent at the time and place therein mentioned. Eule 30. — The deposition and certificate, together with the commis- sion and interrogatories, must then be sealed up, the title of the cause indorsed on the envelope, and the whole returned by mail or express to the register and receiver. Eule 3L. — "Upon receipt of the package at the local laud office, the date when the same is opened must be indorsed on the envelope and body of the deposition by the local land officers. Eule 32. — If the officer designated to take the deposition has no offi- cial seal, a proper certificate of his official character, under seal, must accompany his return. Eule 33. — The parties in any case may stipulate in writing to take depositions before any qualified officer, and in any manner. Eule 34. — All stipulations by parties or counsel must be in writing, and be filed with the register and receiver. 11. — Oral testimony before other officers than registers and receivers. Eule 35. — In the discretion of registers and receivers testimony may be taken near the land in controversy before a United States com- missioner or other officer authorized to administer oaths, at a time and place to be fixed by them and stated in the notice of hearing. 2. Officers taking testimony under the foregoing rule will be governed by the rules applicable to trials before registers and receivers. (See Eules 36 to 42, inclusive.) 3. Testimony so taken must be certified to, sealed up, and transmitted by mail or express to the register and receiver, and the receipt thereof at the local office noted on the papers, in the same manner as provided in case of depositions by Eules 29 to 32, inclusive. 4. On the day set for hearing at the local office the register and re- ceiver will examine the testimony taken by the officer designated, and render a decision thereon in the same manner as if the testimony had been taken before themselves. (See Eules 50 to 53, inclusive.) 5. No charge for examining testimony in such cases will be made by the register and receiver. C. Officers designated to take testimony under this rule will be allowed to charge such fees as are properly authorized by the tariff of fees ex- isting in the local courts of their respective districts, to be taxed in the same or equivalent manner as costs are taxed by registers and receivers under Eules 54 to 58, inclusive. 7. When an officer designated to take testimony under this rule, or when an officer designated to take depositions under Eule 27, cannot act on the day fixed for taking the testimony or deposition, the testi- mony or deposition, as the case may be, will be deemed properly taken before any other qualified officer, at the same place and time, who may be authorized by the officer originally designated, or by agreement of parties, to act in the place of the officer first named. 12.— Trials. Eule 3G. — Upon the trial of a cause the register ami receiver may in any case, a. id should in all cases when necessary, personally direct the examination of the witnesses, in order to draw from them all the facts 10 within their knowledge requisite to a correct conclusion by the officers upon any point connected with the case. Rule 37. — The register and receiver will be careful to reach, if pos- sible, the exact condition and status of the land involved by any contest, and will ascertain all the facts having any bearing upon the rights of parties in interest. Eule 38. — In pre-emption cases they will particularly ascertain the nature, extent, and value of alleged impro'M^ntK; by whom made? and when; the true date of the sett lenient WBPersons claiming; the steps taken to mark and secure the claim, and tP^ exact status of the land at that date as shown upon the records of their office. J Rule 39. — In like manner, under the homestead and other laws, the conditions affecting the inception of tjie alleged right, as well as the subsequent acts of the respective ^feinpnts, must be fully and specific- ally examined. ^H* Rule 40. — Due opportunity willik»alJowed opposing claimants to confront and cross-examine the witnesses'introduced by either party. Eule 41. — No testimony will be excluded from the record by the register and receiver on the ground of any objection thereto; but when objection is made to testimony offered, the exceptions will be noted, and the testimony, with the exceptions, will come up with the case for the consideration of the Commissioner. Officers taking testimony will, how- ever, summarily put a stop to obviously irrelevant questioning. Eule 42. — Upon the day originally set for hearing, and upon any day to which the trial may be continued, the testimony of all the witnesses present shall be taken and reduced to writing. When testimony is taken in short-hand, the stenographer's notes must be written out, and the written testimony then aud there subscribed by the witness and attested by the officer before whom the same is taken. 13. — Appeals. Eule 43. — Appeals from the final action or decisions of registers and receivers lie in every case to the Commissioner of the General Land Office. (Eevised Statutes, sections 453, 2478.) Eule 44. — After hearing in a contested case has been had and closed, the register and receiver will, in writing, notify the parties in interest of the conclusions to which they have arrived, and that thirty days are allowed for an appeal from their decision to the Commissioner, the no- tice to be served personally or by registered letter through the mail to their last known address. Eule 45. — The appeal must be in writing or in print, and should set forth in brief and clear terms the specific points of exception to the ruling appealed from. Eule 40. — Notice of appeal and copy of specification of errors shall be served on appellee within the time allowed for appeal, and appellee shall be allowed ten days for reply before transmittal of the record to the General Land Office. 11 Rule 47. — No appeal from the action or decisions of the register and receiver will be received at the General Land Office unless forwarded through the local officers. i^Rule 48. — In case of a failure to appeal from the decision of the local officers, their decision will be considered final as to the facts in the case and will be disturbed by the Commissioner only as follows: 1. Where fraud or gross irregularity is suggested on the face of the papers. 2. Where the decision is contrary to existing laws or regulations. 3. In event of disagreeing decisions by the local officers. 4. Where it is not shown that the party against whom the decision was rendered was duly notified of the decision and of his right of appeal. Rule 49. — In any of the foregoing cases the Commissioner will reverse or modify the decision of the local officers or remand the case, at his dis- cretion. Rule 50. — All documents once received by the local officers must be kept on file with the cases, and the date of filing must be noted thereon ; and no papers will be allowed under any circumstances to be removed from the files or taken from the custody of the register and receiver, but access to the same, under proper rules, so as not to interfere with necessary public business, will be permitted to the parties in interest, or their attorneys, under the supervision of those officers. 14. — Reports and opinions. Rule 51. — Upon the termination of a contest the register and receiver will render a joint report and opinion in the case, making full and specific reference to the postings and annotations upon their records. Rule 52. — The register and receiver will promptly forward their re- port, together with the testimony and all the papers in the case, to the Commissioner of the General Land Office, with a brief letter of trans- mittal, describing the case by its title, the nature of the contest, and the,* tract involved. N Rule 53. — The local officers will thereafter take no further actioiw affecting the disposal of the land in contest until instructed by the Commissioner. 15. — Taxation of costs. Rule 51. — Parties contesting pre-emption, homestead, or timber-cult- ure entries and claiming preference rights of eutry under the second section of the act of May 14, 1880 (21 Stat., 140), must pay the costs of contest. Rule 55. — In other contested cases each party must pay the costs of taking testimony upon his own direct and cross examination. Rule 56. — The accumulation of excessive costs under Rule 54 will not be permitted ; but where the officer taking testimony shall rule that a course of examination is irrelevant, and checks the same under Rule 41, 12 lie may, nevertheless, in his discretion, allow the same to proceed at the sole cost of the party making such examination. Rule 57. — Where parties contesting pre-emption, homestead, or tim- ber-culture entries establish their right of entry under the pre-emption or homestead laws of the laud in contest by virtue of actual settle- ment and improvement, without reference to the act of May 14, 1880, the cost of contest will be adjudged under Rule 55. Rule 58. — Registers and receivers will apportion the costs of contest in accordance with the foregoing rules, and may require the party liable thereto to give security in advance of trial, by deposit or otherwise, in a reasonable sum or sums, for paymeut of the costs of transcribing the testimony. Rule 59. — The costs of contest chargeable by registers and receivers are the legal fees for reducing testimony to writing. No other contest fees or costs will be allowed to or charged by those officers directly or indirectly. Rule 00. — Contestants must give their own notices and pay the ex- penses thereof. Rule 01. — Upon the termination of a trial, any excess m the sum de- posited as security for the costs of transcribing the testimony will be returned to the proper party. Rule 02. — When hearings are ordered by the Commissioner or by the Secretary of the Interior, upon the discovery of reasons for suspen- sion in the usual course of examination of entries, the preliminary costs will be provided from the contingent fund for the expenses of local laud offices. Rule 03. — The preliminary costs provided for by the preceding sec- tion will be collected by the register and receiver when the parties are brought before them in obedience to the order of hearing. Rule 04. — The register and receiver will then require proper pro- vision to be made for such further notification as may become necessary in the usual progress of the case to final decision. Rule G5. — The register and receiver will append to their report in each case a statement of costs and the amount actually paid by each ot the contestants, and also a statement of the amount deposited to secure the payment of the costs, how said sum was apportioned, and the amouut returned, if any, and to whom. 10. — Appeals from decisions rejecting applications to enter public lands. Rule 00. — For the purpose of enabling appeals to be taken from the rulings or action of the local officers relative to applications to file upon, enter, or locate the public lands the following rules will be observed: 1. The register and receiver will indorse upon every rejected applica- tion the date when presented and their reasons for rejecting it. 2. They will promptly advise the party in interest of their action and of his right of appeal to the Commissioner. 13 3. They will note upon their records a memorandum of the transac- tion. Eule 67. — The party aggrieved will be allowed thirty days from re- ceipt of notice in which to file his appeal in the local land office. Where the notice is seut by mail, five days additional will be allowed for the transmission of notice and five for the return of the appeal. Rule 6S. — The register and receiver will promptly forward the appeal to the General Land Office, together with a full report upon the case. Eule G9. — This report should recite all the facts and the proceedings had, and must embrace the following particulars : 1. A statement of the application and rejection, with the reasons for the rejection. 2. A description of the tract involved and a statement of its status, as shown by the records of the local land office. 3. References to all entries, filings, annotations, memoranda, and cor- respondence shown by the record relating to said tract and to the proceedings had. Eule 70. — Eules 43 to 48, inclusive, and Eule 93 are applicable to all appeals from the decisions of registers and receivers. II. / / PEOCEEDINGS BEFOEE SUEVEYOES-GENEEAL. Eule 71. — The proceedings in hearings and contests before surveyors- general shall, as to notices, depositions, and other matters, be governed as nearly as may be by the rules prescribed for proceedings before regis- ters and receivers, unless otherwise provided by law. III. PEOCEEDLNGS BEFOEE THE COMMISSIONEE OF THE GEN- EEAL LAND OFFICE AND SECEETAEY OF THE IN- TEEIOE. 1. — Examination and argument. Eule 72. — When a contest has been closed before the local land officers and their report forwarded to the General Land Office, no ad- ditional evidence will be admitted in the case, unless offered under stip- ulation of the parties to the record, except where such evidence is presented as the basis of a motion for a new trial or in support of a mineral application or protest; but this rule will not prevent the Com- missioner, in the exercise of his discretion, from ordering further investi- gation when necessary. Eule 73. — After the Commissioner shall have received a record of testimony in a contested case, thirty days will be allowed to expire 14 before any action thereon is taken, unless, in the judgment of the Com- missioner, public policy or private necessity shall demand summary action, in which case he will proceed at his discretion, first notifying the attorneys of record of his proposed action. RULE 74. — When a case is pending on appeal from the decision of the register and receiver or surveyor- general, and argument is not filed before the smite is reached in its order for examination, the argument will be considered closed, and thereafter no further arguments or mo- tions of any kind will be entertained except upon written stipulation duly hied or good cause shown to the Commissioner. Rule 75. — If before decision by the Commissioner either party should desire to discuss a case orally, reasonable opportunity therefor will be given in the discretion of the Commissioner, but only at a time to be fixed by him upou notice to the opposing counsel, stating time and specific points upon which discussion is desired; and, except as herein provided, no oral hearings or suggestions will be allowed. 2. — Rehearing and review. Eule 76. — Motions for rehearing before registers and receivers, or for review or reconsideration of the decisions of the Commissioner or Secretary, will be allowed, in accordance with legal principles applicable to motions for new trials at law, after due notice to the opposing party. Rule 77. — Motions for rehearing and review, except as provided in Rule 114, must be filed in the office wherein the decision to be affected by such rehearing or review was made or in the local land office, for transmittal to the General Land Office; and, except when based upon newly-discovered evidence, must be filed within thirty days from notice of such decision. Rule 78. — Motions for rehearing and review must be accompanied by au affidavit of the party, or his attorney, that the motion is made in good faith, and not for the purpose of delay. Rule 79. — The time between the filing of a motion for rehearing or review and the notice of the decision upon such motion shall be excluded in computing the time allowed for appeal. Rule 80. — Xo officer shall entertain a motion in a case after an appeal from his decision has been taken. 3. — Appeals from the Commissioner to the Secretary. Rule 81. — An appeal may be taken from the decision of the Com- missioner of the G-eueral Land Office to the Secretary of the Interior upon any question relating to the disposal of the public lands and to private land claims, except in case of interlocutory orders and decisions and orders for hearing or other matter resting in the discretion of the Commissioner. Decisions and orders forming the above exception will be noted in the record, and will be considered by the Secretary on review in case an appeal upon the merits be finally allowed. 15 Eule 82. — When tbe Commissioner considers an appeal defective, he will notify the party of the defect, and if not amended within fifteen days from the date of tbe service of such notice the appeal may be dis- missed by the Secretary of the Interior and the case closed. Eule 83. — In proceedings before the Commissioner, in which he shall formally decide that a party has no right of appeal to the Secretary, the party against whom such decision is rendered may apply to the Secre- tary for an order directing the Commissioner to certify said proceedings to the Secretary and to suspend further action until the Secretary shall pass upon the same. Eule 84. — Applications to the Secretary under the precediug rule shall be made in writing, under oath, and shall fully and specifically set forth the grounds upon which the application is made. Eule 85. — When tbe Commissioner shall formally decide against the right of an appeal, he shall suspend action on the case at issue for twenty days from service of notice of his decision, to enable the party against whom the decision is rendered to apply to the Secretary for an order, in accordance with Eules 83 and 84. Eule 86. — Notice of an appeal from the Commissioner's decision must be filed in the General Land Office and served on the appellee or his counsel within sixty days from the date of the service of notice of such decision. Eule 87. — When notice of the decision is given through the mails by the register and receiver or surveyor-general, five days additional will be allowed by those officers for the transmission of the letter and five days for the return of the appeal through the same channel before reporting to the General Land Office. Eule 88. — Within the time allowed for giving notice of appeal the appellant shall also file in the General Land Office a specification of errors, which specification shall clearly and concisely designate the errors of which he complaius. Eule 89. — He may also, within the same time, file a written argu- ment, with citation of authorities, in support of his appeal. Eule 90. — A failure to file a specification of errors within the time required will be treated as a waiver of the right of appeal, and the case will be considered closed. Eule 91 . — The appellee shall be allowed thirty days from the expira- tion of i he sixty days allowed for appeal in which to file his argument. Eule 92. — The appellant shall be allowed thirty days from service of argument of appellee in which to file argument strictly in reply, and no other or further arguments or motions of any kind shall be filed without permission of the Commissioner or Seoretary and notice to the opposite party. Eule 93. — A copy of the notice of appeal, specification of errors, and all arguments of either party, shall be served on the opposite party within the time allowed for tiling the same. 16 Rule 94. — Such service shall be made personally or by registered letter. Rule 95. — Proof of personal service shall be the written acknowl- edgment of the party served or the affidavit of the person making the service attached to the papers served, and stating time, place, and man- ner of service. Rule 90. — Proof of service by registered letter shall be the affidavit of the person mailing the letter attached to a copy of the post-office receipt. Rule 97. — Fifteen days, exclusive of the day of mailing, will be al- lowed for the transmission of notices and papers by mail, except in case of notice to resident attorneys, when one day will be allowed. Rule 98. — Notice of interlocutory motions and proceedings before the Commissioner and Secretary shall be served personally or by reg- istered letter, and service proved as provided in Rules 94 and 95. Rule 99. — No motion affecting the merits of the case or the regular order of proceedings will be entertained except on due proof of service of notice. Rule 100. — Ex parte cases and cases in which the adverse party does not appear will be governed by the foregoing rules as to notices of decisions, lime for appeal, and filing of exceptions and arguments, as far as applicable. In such cases, however, the right to file additional evidence at any stage of the proceedings to cure defects in the proof or record will be allowed. Rule 101. — No person hereafter appearing as a party or attorney in any case shall be entitled to a notice of the proceedings who does not at the time of his appearance file in the office in which the case is pend- ing a statement in writing, giving his name and post-office address and the name of the party whom he represents ; nor shall any person who has heretofore appeared in a case be entitled to a notice unless within fifteen days after being requested to file such statement he shall comply with said requirement. Rule 102. — No person not a party to the record shall intervene in a case without first disclosing on oath the nature of his interest. Rule 103. — When the Commissioner makes an order or decision af- fecting the merits of a case or the regular order of proceedings therein he will cause notice to be given to each party in interest whose address is known. 4. — Attorneys. Rule 104. — In all cases, contested or ex parte, where the parties in interest are represented by attorneys, such attorneys will be recognized as fully controlling the cases of their respective clients. Rule 105. — All notices will be served upon tbe attorneys of record. Rule 106. — Notice to one attorney in a case shall constitute notice to all counsel appearing for the party represented by him, and notice to the attorney will be deemed notice to the party in interest. 17 Rule 107. — All attorneys practicing before the General Land Office and Department of the Interior must first file the oath of office pre- scribed by section 3478 United States Eevised Statutes. Rule 108. — In the examination of any case, whether contested or ex parte, and for the preparation of arguments, the attorneys employed, when in good standing in the Department, will be allowed full oppor- tunity to consult the record of the case and to examine the abstracts, plats, field notes, and tract-books, and the correspondence of the Gen- eral Land Office or of the Department relative thereto, and to make verbal inquiries of the various chiefs of divisions at their respective desks in respect to the papers or status of said case ; but such personal inquiries will be made of no other clerk in the division except in the presence or with the consent of the head thereof, and will be restricted to the hours between 11 a. m. and 2 p. m. Rule 109. — Any attorney detected in any abuse of the above privi- leges or of gross misconduct, upon satisfactory proof thereof, after due notice and hearing, shall be prohibited from further practicing before the Department. Rule 110. — Should either party desire to discuss a case orally before the Secretary opportunity will be afforded at the discretion of the De- partment, but only at a time specified by the Secretary or fixed by stip- ulation of the parties, with the consent of the Secretary, and in the absence of such stipulation or written notice to opposing counsel, with like consent, specifying the time when argument will be heard. Rule 111. — The examination of cases on appeal to the Commissioner or Secretary will be facilitated by filing in printed form such arguments as it is desired to have considered. 5. — Decisions. Rule 112. — Decisions of the Commissioner not appealed from within • the period prescribed become final, and the case will be regularly closed. Rule 113. — The decision of the Secretary, so far as respects the action of the Executive, is final. Rule 111. — Motions for review before the Secretary of the Interior and applications under Rules 83 and 84 shall be filed with the Commis- sioner of the Land Office, who will thereupon suspend action under the decision sought to be reviewed and forward to the Secretary such mo- tion or application. None of the foregoing rules shall be construed to deprive the Secre- tary of the Interior of the exercise of the directory and supervisory powers conferred upon him by law. L. Q. C. LAMAR, Secretary. 6108 R P 2 A M E N 1) M E N T S Department of the Interior, General Land Office, Washington, D. C. October 26, 1885. Registers and Receivers, United States Land Offices. Gentlemen : Paile 70 of Rules of Practice, approved August 13, 1885, is hereby amended to read as follows : " Rule 70. Rules 43 and 48, inclusive, and Rule 93 are not applicable to appeals from decisions rejecting applications to enter public lands." WM. A. J. SPARKS, Commissioner. Approved October 2G, 1885 : H. L. Muldrotf, Acting Secretary. Department of the Interior, General Land Office, Washington, J). C, December 8, 1885. Rule 81 of Rules of Practice, approved August 13, 1885, is hereby amended so as to read as follows: "No appeal shall be had from the action of the Commissioner of the General Land Office affirming the decision of the local officers in any case where the party or parties adversely affected thereby shall have failed, after due notice, to appeal from such decision of said local offi- cers. " Subject to this provision an appeal may be taken from the decision of the Commissioner of the General Land Office to the Secretary of the Interior upon any question relating to the disposal of the public lands and to private land claims, except in case of interlocutory orders and decisions and orders for hearing or other matter resting in the discre- 18 19 tdon of the Commissioner. Decisions and orders forming the above ex- ception will be noted in the record, and will be considered by the Sec- retary on review in case an appeal npon the merits be finally allowed." WM. A. J. SPARKS, Commissioner. Approved December 8, 1885 : H. L. Muldeow, Acting Secretary. Department of the Interior, General Land Office, Washington, D. C, January 11, 18S6. Rule 10S of Rules of Practice, approved August 13, 1885, is hereby amended so as to read as follows : "In the examination of any case, whether contested or ex parte, the attorneys employed in said case, when in good standing in the Depart- ment, for the preparation of arguments, will be allowed full opportunity to consult the records of the case, the abstracts, field-notes, and tract- books, and the correspondence of the General Land Office or of the De- partment not deemed privileged and confidential; and whenever, in the judgment of the Commissioner, it would not jeopardize any public or official interest, may make verbal inquiries of chiefs of divisions at their respective desks in respect to the papers or status of said case ; but such inquiries will not be made to said chiefs or other clerks of division ex- cept upon consent of the Commissioner, Assistant Commissioner, or chief clerk, and will be restricted to hours between 11 a. m. and 2 p. in." Approved January 11, 1886 : L. Q. C. Lamar. Secretary. WM. A. J. SPARKS, Commissioner. Department of the Interior, General Land Office, Washington, D. C, March 27, 1886. Rule 114 of practice is amended to read as follows : " Motions for a review of decisions of the Secretary should be filed with the Secretary, who may, in his discretion, .suspend action on the decision sought to be reviewed until such motion shall be decided." WM. A. J. SPARKS, Commissioner. Approved : L. Q. C. Lamar. Secretary-. 10950—2500 © IfiXa LAW LIBRx-. Ut DUU I HtMN KttilUiVHL. LiDrtttm rnoiLi i i AA 000 222 993 8