BOARD OF EQUITABLE ADJUDICATION [Reported, 49 L. D. 323] JURISDICTION OF BOARD OF EQUITABLE ADJUDICATION DEPARTMENT OF THE INTERIOR, Washington, D. C., October 17, 1922. The COMMISSIONER OF THE GENERAL LAND OFFICE: By the act approved September 20, 1922 (42 Stat. 857), sections 2453 and 2454, Revised Statutes, were repealed, and sections 2450, 2451, and 2456, Revised Statutes, were amended to read as follows: SEC. 2450. That the Commissioner of the General Land Office is authorized to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same. SEC. 2451. That every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants. SEC. 2456. That where patents have been already issued on entries which are approved by the Secretary of the Interior, the Commissioner of the General Land Office, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns. The effect of said act is to eliminate the Attorney General from membership on the Board of Equitable Adjudication. All rules which have heretofore been adopted governing the submission of cases to said board are hereby revoked, and the jurisdiction of the board is defined as covering the following: All classes of entries in connection with which the law has been substantially complied with and legal notice given, but the necessary citizenship status not acquired, sufficient proof not submitted, or full compliance with law not effected within the period authorized by law, or where the final proof testimony, or affidavits of the entryman or claimant were executed before an officer duly authorized to administer oaths but outside the county or land district in which the land is situated, and special cases deemed proper by the Commissioner of the General Land Office for submission to the board, where the error or informality is satisfactorily explained as being the result of ignorance, mistake, or some obstacle over which the party had no control, or any other sufficient reason not indicating bad faith, there being no lawful adverse claim. The form in which claims approved by you as being within the Scope of the foregoing may be submitted to the Secretary of the Interior for approval will be the subject of a conference with you at an early date. E. C. FINNEY, First Assistant Secretary. [Reported, 52 L. D. 207] JURISDICTION OF BOARD OF EQUITABLE ADJUDICATION—SUPPLEMENTAL INSTRUCTIONS DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, September 29, 1927. The COMMISSIONER OF THE GENERAL LAND OFFICE. DEAR MR. COMMISSIONER: You have been informally requested to be advised whether the final proof on the homestead entry serialized as Las Cruces 022062 can be accepted and submitted to the Board of Equitable Adjudication. The entry was made on January 13, 1921, by Robert Lee Loftin for the SE. 14 of sec. 10, T. 3 S., R. 20 W., N. M. M. On August 27, 1925, the widow of entryman filed notice of intention to submit final proof before a United States commissioner at Reserve, N. Mex., on October 14, 1925. Proof of publication was filed, and the notice was duly posted in the local office. The final proof was not submitted until October 28, 1925, and final certificate was withheld at the request of the division inspector, who on August 30, 1927, approved a field report to the effect that the law had been fully complied with and recommending that the final proof be accepted. The only objection to the acceptance of the final proof is the fact that it was not submitted on October 14, 1925, nor within 10 days. thereafter. In an affidavit, corroborated by a physician's certificate, the widow of entryman states that the delay in the submission of the final proof was due to the fact that she was confined to her bed by illness, and that it was impossible for her to make the trip to Reserve at that time. Rule 2 of Rules to be Observed in Passing on Final Proof Papers in Preemption and Commuted Homestead Cases, approved February 21, 1887 (5 L. D. 426), provided: Where final proof or any part thereof is taken after the day advertised, require new advertisement and new proof, in whole or in part, unless on day advertised due notice had been given of postponement to a day certain by the officer taking the proof, and the proof be taken in accordance with said postponement. After section 7 of the act of March 2, 1889 (25 Stat. 855), authorized the submission of final proofs within 10 days following the day advertised, new rules were adopted on July 17, 1889 (9 L. D. 123), rule 2 providing that— When final proof or any part thereof has not been taken on the day adver tised, or within 10 days thereafter under the exception and as required by rule 1, you will direct new advertisement to be made; and if no protest or objection is then filed, the proof theretofore submitted, if in compliance with the law in other respects, may be accepted. The rule 2 adopted on July 17, 1889, was continued in force in the rules adopted May 9, 1906 (34 L. D. 601). The jurisdiction of the Board of Equitable Adjudication was defined on October 17, 1922 (49 L. D. 323), as covering the following: All classes of entries in connection with which the law has been substantially complied with and legal notice given, but the necessary citizenship status not acquired, sufficient proof not submitted, or full compliance with law not effected within the period authorized by law, or where the final proof of testimony or affidavits of the entryman or claimant were executed before an officer duly authorized to administer oaths but outside the county or land district in which the land is situated, and special cases deemed proper by the Commissioner of the General Land Office for submission to the board, where the error or informality is satisfactorily explained as being the result of ignorance, mistake, or some obstacle over which the party had no control, or any other sufficient reason not indicating bad faith, there being no lawful adverse claim. It is the opinion of the Department that the act of March 2, 1889, supra, does not forbid the submission to the Board of Equitable Adjudication of meritorious cases such as the one under consideration. That the law has been fully complied with has been clearly established, and to require the widow of the entryman to go to the expense of publishing a new notice would serve no good purpose. You will, therefore, direct the issuance of final certificate, and upon its receipt the entry should be submitted to the board as a "special case." Very truly yours, 57720-30-21 E. C. FINNEY, First Assistant Secretary. BOUNTY-LAND WARRANTS [Reported, 41 L. D. 34] CIRCULAR No. 1201 REGULATIONS RESPECTING BOUNTY-LAND WARRANTS DEPARTMENT OF THE INTERIOR, May 24, 1912. Registers and Receivers of United States Land Offices: Warrants for bounty land were and are issued by the Commissioner of Pensions for services in wars or battles prior to March 3, 1855, only. Applications for the issuance thereof should be addressed to that official. Pursuant to authority conferred by section 2414, Revised Statutes (Appendix B), and other legislation, the following regulations are prescribed to govern the assignment, location, and use of such All regulations inconsistent herewith are revoked. You must refuse all warrants presented when the assignments thereof do not accord in every essential particular with the rules herein set forth. When the question of title or genuineness is in doubt you must decline to receive the warrant until the holders thereof have submitted the same to the General Land Office for examination and obtained a favorable decision thereon. This office will render an opinion without charge. Bounty-land warrants should always be described by number, act, and acreage, and in all instances of use or attempted use the register and receiver must forthwith notify this office thereof by special letter, setting forth a description of the warrant and of the entry by serial number, date, land, and name of the entryman, and also whether the warrant was accepted or refused. If you accept the warrant, you will indorse on the upper left-hand corner of the face of same, a similar description of the entry in red ink. I. ASSIGNMENTS 1. No assignment of a warrant or power of attorney to sell or locate the same executed prior to the date of the issue thereof can be recognized by this office. (Rev. Stat. sec. 2436.) Assignments must be in writing. Delivery only constitutes no transfer. 2. The assignment and acknowledgment are required to be indorsed as far as practicable upon the warrant. Should it be found necessary to write the entire assignment on a separate paper, which 1 See Circular No. 1151, p. 326. |