Final Proof-Continued. XIV. PREËMPTION—Continued. An application for extension of time for payment may be submitted without waiting for expiration of filing. XIV-509 VI-633 Should not be submitted until after the expiration of three months from the filing of the township plat. Satisfactory in all respects, but rejected on account of the suspension of the township plat, may be accepted on the execution of new final affidavit when the order of suspension is revoked. XII-647 In computing the time within which preëmption, should be made the period elapsing between the rejection of the settler's filing and the notice of its final allowance should be deducted. XX-225 A period should be fixed for submitting supplemental proof where the statutory life of the filing has expired. VII-71 Reasonable time for transmission allowed when final affidavit is executed before clerk of court. I-483 Final affidavit not required to bear even date with entry when made before clerk of court. I-482 In making substituted, the preemptor may execute the necessary affidavits outside of the land district in which the land is situated. VI-794 Delay in the execution of the final affidavit and making payment excused where caused by the advice of the local office. X-421 On behalf of minors, sole heirs of a deceased preëmptor, may be submitted by the guardian if by the laws of the State he is charged with the care of the minor's estate. X-551 May be submitted by an administrator for the benefit of the heirs. XV-177 Right of an heir to submit, is not prevented by the fact that such heir may have sold his interest in the land. XIV-468 Heirs may submit, though the preëmptor died without executing the affidavit required in section 2262, Revised Statutes. X-551 On the death of the preëmptor, should be made for the benefit of the heirs of the deceased, and not for one of said heirs claiming as sole legatee. Proof and payment must be made at the same time. VI-823 III-188, 299; V-220, 221 Failure to make payment at time of, will not defeat an entry made under regulations which recognized such a practice. IX-615; XI-66 Tender of payment on submission of, will be presumed to have been made according to the regulations in the absence of any showing to the contrary. XII-492 Proofs accompanied with payment which are not acted upon by both local officers within one week after being received must be reported with reasons for delay. XII-188 Final Proof-Continued. XIV. PREEMPTION-Continued. Where not made before the local office and the delay in payment is explained, additional proof of non-alienation is not required if it appears that the law had been complied with up to the date of proof and the entryman had not then sold or agreed to sell the land. XI-66 After due notice of such intention a filing may be transmuted and proof offered thereon the same day. I-400; III-286; VI-379 On offer to make, the preëmptor must be prepared to defend against all charges and claims, with the right to continuance if necessary. III-141 Difference between proof that is fraudulent or merely defective noted. III-411 Rejection of final proof does not always call for cancellation of filing. III-451 In the absence of an adverse claim, and where a showing of good faith is made, a preëmptor may be allowed to submit new, where the first is found irregular and insufficient, and for said reasons is rejected. XX-570 Further proof may be submitted where that accepted by the local office does not clearly show compliance with law and bad faith does not appear. II-789; III-107, 454; VI-122, 549 New, can not be made by one who has made entry without prerequisite compliance with law. XI-290 After, and hearing had thereon further time to comply with the law not allowed. IV-322 That the family of the preemptor does not live upon the land does not necessarily impeach his good faith. III-213 Submission of, a few days prior to the expiration of the six months' requisite residence does not in itself call for cancellation if good faith is otherwise apparent. X-260 The submission of, a few days prior to the expiration of the requisite six months' residence does not, in the absence of protest, call for new proof where the land is held by a subsequent purchaser without notice. VIII-638 For lands within former indemnity withdrawal may be accepted, though offered within less than six months after revocation of the withdrawal, where the claimant has improved and resided upon the land prior to such revocation. X-454 Not invalidated by intention to mortgage the land, on receipt of final certificate, to secure the purchase money. V-701 Submission of, within the shortest period possible not in itself sufficient to impeach the good faith of the preëmptor. X-119 The degree and condition in life of the entryman may be considered in determining whether he has shown good faith. VIII-645; XVII-200 Final Proof-Continued. XIV. PREEMPTION-Continued. Inferior character of improvements not evidence of bad faith if commensurate with claimant's means. VIII-353, 639 That the improvements are inconsiderable in value does not warrant rejection of, if otherwise satisfactory. IX-1; X-340, 468; XI-172 That shows breaking and use of the land for grazing purposes is sufficient as to cultivation where the land is suitable only for pasturage. XI-585 Proof of grazing accepted in lieu of cultivation on proper showing. IV-502; VII-455 Where proof of grazing is tendered in lieu of cultivation the extent of such use should be shown. VII-455 If land is fit only for grazing, that fact should be shown in explanation of such use of the land in lieu of cultivation. VII-294 Should not be rejected for failure to show cultivation if the inhabitancy and improvements are sufficient. X-337 IX-432 In the matter of cultivation the time of year in which residence was established may be considered where no crop was raised. VII-451 Breaking accepted as proof of cultivation where in other respects due compliance with law is shown and the failure to raise a crop is explained. Proof as to cultivation does not necessarily require a showing that a crop has been raised. Submitted by an entrywoman, and on which entry was allowed, may be held sufficient in the matter of her qualification as the "head of a family" where her response to the only question on such point, in the final-proof blank furnished by the Government, is full and without ambiguity. VII-439 XXI--345 And payment for part of the land covered by a filing is an abandonment of the remainder. I-485; VII-206, 261; XVI-251 (As to proof of non-alienation, see sub-title No. 1.) XV. TIMBER CULTURE. (See circular regulations, I-638; VI-280.) The general circular of March 1, 1884, continues in force the provisions of the circular of 1882. v-234 Publication of notice not insisted upon where the original entry was made prior to September 15, 1887. (Circular of December 3, 1889.) IX-672; X-501 Circular of March 25, 1896, under the act of March 4, 1896, amending the timber-culture law in the matter of. XXII-350 Under the act of March 4, 1896, the personal evidence of the entryman, on the submission of, may be taken before a United States court commissioner, or a clerk of any court of record, anywhere in the United States, and the provisions of said act are applicable where final action has not been taken on the proof. XXII-526 Final Proof-Continued. XV. TIMBER CULTURE-Continued. A timber-culture entry may be equitably confirmed where the entryman fails to submit, within the statutory period and the delay is satisfactorily explained. XXII-59 In the submission of, the personal testimony of the entryman should be taken before some officer authorized to administer oaths in the district in which the land is situated. XXII-74 Commutation under the act of March 3, 1891, should not be made without due publication of notice. XVI-482; XIX-61 Should be adjudicated under the regulations in force when submitted. IX-189 Entry made under act of 1874 may be proved up under act of 1878. I-123 V-233 Proof under any of the acts must be specific. The statutory period within which it must be submitted can not be extended. XIII-339 The act of May 20, 1876, permits an extension of time where the trees are destroyed by grasshoppers or inevitable accident. XXI-315 Submitted after the expiration of the statutory life of the entry, either under the act of 1878 or the commutation clause of section 1, act of March 3, 1891, will receive due consideration. XIII-339 An application to make homestead entry of land covered by a subsisting, under which final proof has not been made within the statutory period, does not confer upon the applicant the status of an adverse claimant entitled to be heard as against subsequent equitable action on the timber-culture entry. XXII-208 Final certificate issued on timber-culture proof prematurely made should not be canceled, but suspended pending further compliance with law. VII-231 The period of cultivation should be computed under the rule in force at the time the entry was made. IX-86 The time consumed in preparing the land and planting the trees is computed as part of the required eight years of cultivation and protection. II-309 At the expiration of the eight years from date of entry one-half of the trees (3,875) must have been growing for five years and the remaining half for four years. II-310, 328; III-260, 329 Premature if submitted prior to eight years' cultivation. VII-231 No authority for the submission of, prior to the expiration of eight years from date of entry. XIII-698; XIV-38 No authority to issue final certificate until after the expiration of eight years from date of original entry, even though the proof may show cultivation for the requisite period. XIII-698 Final Proof-Continued. XV. TIMBER CULTURE-Continued. Under entries made prior to the circular of June 27, 1887, the time allowed for the preparation of the land and planting the trees may be treated as forming part of the requisite eight years of cultivation. IX-86, 284, 624; x-409, 501 Under entries made since the circular of June 27, 1887, the period of cultivation must be computed from the time when the full acreage is planted. IX-86, 284 Showing the period of cultivation required by existing regulations and accepted by the local office should not be rejected under later regulations that call for a longer period of cultivation. IX-189 Departmental instructions of July 16, 1889, with respect to the rule to be observed in computing the period of cultivation, did not affect cases already adjudicated. X-93 It is the duty of the Land Department to see that the trees are of such size as to render their continued growth without further cultivation or protection reasonably certain. Rejected where it showed the trees averaged but 24 inches in diameter and 10 feet in height. II-310 III-299 No standard as to size of trees at time of proof to be adopted. III-329; VIII-191 When the trees are not of a satisfactory growth at the end of eight years, without fault of the entryman, the law allows him five years' additional time. II-300, 328 Submitted since the act of March 3, 1891, must show, as under the act of 1878, 675 living and thrifty trees to each acre. XVI-434 Submitted by an entryman who complies with the law for the requisite period and at the end of such period replants the entire tract may be accepted under the fourth proviso of section 1, act of March 3, 1891, as amended by the act of March 3, 1893. XVI-293 An application to submit, under section 1, act of March 3, 1891, can not be allowed in the presence of a pending contest in which there has been no hearing. XXI-3 Under the act of March 3, 1893, may be accepted without regard to the age and size of the trees on the land if it be shown that the entryman has in good faith planted and cultivated trees thereon. for eight years. XVI-385 XV-162 May be submitted by an executor under a will. the benefit of the heirs. Devisee of deceased entryman may submit. XVI-149 XVI-151 Florida. See Mineral Land; States and Territories; Swamp Land. 5918- -15 |