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one in the office of the Commissioner of the General Land Office, and one retained for his own use. The designation of an owner on such plats shall be temporary until final decision of record in relation thereto, and shall in no case be taken or held as in any sense or to any degree a conclusion or judgment by the trustee as to the true ownership in any contested case coming before him.
28. As soon as said plats are completed, the trustee will then cause to be posted in three conspicuous places in the town, a notice to the effect that such survey and platting have been completed, and notifying all persons concerned or interested in such town site, that on a designated day he will proceed to set off to the persons entitled to the same, according to their respective interests, the lots, blocks, or grounds to which each occupant thereof shall be entitled under the provisions of said act. Such notices shall be posted at least fifteen days prior to the day set apart by the trustee for making such division and allotment. Proof of such notification shall be evidenced by the affidavit of the trustee, accompanied by a copy of such notice.
29. After such notice shall have been duly given, the trustee will proceed on the designated day, except in contest cases, which shall be disposed of in the manner hereinafter provided, to set apart to the persons entitled to receive the same, the lots, blocks, and grounds to which each person, company, or association of persons shall be entitled, according to their respective interests, including in the portion or portions set apart to each person, corporation, or association of persons the improvements belonging thereto, and in so doing he will observe and follow as strictly as the platting of the town site will permit the rights of all parties to the property claimed by them as shown and defined by the records of the clerk of the District Court of Alaska, who is ex officio recorder of deeds and mortgages and other contracts relating to real estate in said Territory.
30. After setting apart such lots, blocks, or parcels, and upon a valuation of the same as hereinbefore provided for, the trustee will proceed to determine and assess upon such lots and blocks according to their value, such rate and sum as will be necessary to pay all expenses incident to the town-site entry. In those cases in which there appears more than one claimant for any lot or block, the trustee will require each claimant to pay the assessment, and upon the final determination of the contest as hereinbefore provided for, the unsuccessful claimant or claimants will be reimbursed in a sum equal to the assessment paid by them, such reimbursements to be properly accounted for by the trustee. In making the assessments the trustee will take into consideration:
First. The reimbursement of the parties who deposited the money to pay the costs of surveying and platting the outboundaries of the town site and who advanced such money as was necessary in addition to pay the purchase price of the land.
Second. The money expended in advertising and making proof and entry of the town site.
Third. The compensation of himself as trustee.
Fourth. The expenses incident to making the conveyances. Fifth. All necessary traveling expenses and
. all other legitimate expenses incident to the expeditious execution of his trust.
More than one assessment may be made, if necessary, to effect the purposes of said act of Congress and these instructions. Upon receipt of the assessments the trustee will issue deeds for the uncontested lots, blank forms of convey. ance being furnished by this office for that purpose.
31. His work having been completed to this point, the trustee will then, and not before, in cases where he finds two or more inhabitants claiming the same lot, block, or parcel of land, proceed to hear and determine the controversy, fixing a time and place for the hearing of the respective claims of the interested parties, giving each ten days' notice thereof, and a fair opportunity to present their interests in accordance with the principles of law and equity applicable to the case, observing as far as practicable the rules prescribed for contests before registers and receivers of the local offices; he will administer oaths to the witnesses, observe the rules of evidence as near as may be in making his investigations, and at the close of the case, or as soon thereafter as his duties will permit, render a decision in writing. If the notice herein provided for cannot be personally served upon the party therein named within three days from its date, such service may be made by a printed notice published for ten days in a newspaper in the town in which the lot to be affected thereby is situated; or, if there is none published in such town, then said notice may be printed in any newspaper published in the Territory. Copies of such notice should also be posted upon the lot in controversy and in at least three other conspicuous places in the town wherein said lot is situated. The proof of such publication and posting of notices to be filed with the record, may be made as provided in these rules and regulations in other cases. The proceedings in these contests should be abbreviated in time and words or the work may not be completed within the limits of any reasonable period of time or expense.
Before proceeding to dispose of the contested cases the trustee will require each claimant to deposit with him each morning a sum sufficient to cover and pay all costs and expenses on such proceedings for that day. At the close of the contest, on appeal or otherwise, the sum deposited by the successful party shall be returned to him, but that deposited by the losing party shall be retained and accounted for by said trustee.
32. Any person feeling aggrieved by the decision of the trustee may, within ten days after notice thereof, appeal to the Commissioner of the General Land Office, under the rules (except as to time) as provided for appeals from the opinions of registers and receivers, and if either party is dissatisfied with the conclusions of said commissioner in the case, he may still further prosecute an appeal within ten days from notice thereof to the Secretary of the Interior, upon like terms and conditions and under the same rules that appeals are now regulated by and taken in adversary proceedings from the Commissioner to the Secretary, except as modified by the time within which the appeal is to be taken. All costs in such proceedings will be governed by the rules now applicable to contests before the local land offices.
33. The trustee shall receive and pay out all money provided for in these instructions, subject to the supervision of this office, and he shall keep a correct record of his proceedings and an accurate account of all money received and disbursed by him, taking and filing proper vouchers therefor, in the manner hereinafter provided; and before entering upon duty he shall, in addition to taking the official oath, also enter into a bond to the United States in the penal sum of five thousand dollars ($5,000), for the faithful discharge of his duties, both as now prescribed and furnished by the Department of the Interior.
34. All lots remaining unoccupied and unclaimed when the trustee shall have made his allotments and assessments will be sold at public outcry, for cash, to the highest bidder. The proceeds of such sales, together with any balance remaining in the hands of the trustee to the credit of the town-site occupants, to be expended, under the direction of the Secretary of the Interior, for the benefit of the town.