Scrip-Continued. Issued to the Chippewa mixed bloods under the seventh clause of section 2, treaty of September 30, 1854, is personal and not assignable, and a valid transfer thereof can not be effected through a double power of attorney. XIV-576 The subsequent ratification of acts performed under double power of attorney executed to effect a transfer of Chippewa will not operate to give validity to a location and sale thereunder. XIV-576 The right to select eighty acres of land accorded to the mixed bloods of the Chippewas of Lake Superior by the seventh clause of article 2 of the treaty of September 30, 1854, is not dependent upon actual residence, at the date of said treaty, among or contiguous to said Chippewas; nor do the provisions of said treaty prohibit the sale, prior to patent, of land located by power of attorney under such right of selection. XIX-64 The seventh clause of article 2 of the treaty of September 30, 1854, did not authorize the issuance of, to the Chippewa half-breeds, and the location thereof on unsurveyed land would not operate to defeat a railroad grant. XVIII-290 The confirmatory act of June 8, 1872, does not ratify or confirm an unauthorized location of, as against a prior appropriation of the land under a railroad grant. XVIII-290 Chippewa half-breed, issued under the provisions of article 7 of the treaty of April 12, 1864, in the possession of a half-breed not qualified to receive the same under the terms of said treaty, confers no title upon the possessor or his transferee. XXI-565 Authorized by article 7, treaty of April 12, 1864, was intended to take the form of property, subject to sale and transfer, and confers upon the holder thereof title and the right of location. XXI-565 Application for the reinstatement of certain canceled Chippewa locations in the Mille Lac Reservation refused on the ground that the matter was res judicata. III-196 Location of Gerard, limited to "public lands." IX-114 Two pieces for one hundred and sixty acres each may issue in lieu of one for three hundred and twenty acres. I-303 Sioux half-breed, may be reissued in smaller denomination at any time prior to location. V-695 No authority in the Department to accept the relinquishment of, issued under the act of July 17, 1854, adjudge the ownership thereof, and issue new scrip of lesser denomination in its place. Sioux half-breed, is not subject to transfer. VI-648 VIII-207 Sioux half-breed, intended as an evidence of a personal right in the half-breed to locate and receive patent for the number of acres named therein, and can not be used to secure title to lands except for the benefit of the half-breed. XII-138 Scrip Continued. Sioux half-breed, issued under the act of July 17, 1854, is not transferable, and the beneficiary is estopped from denying the validity of a location made under a duplicate issue, as such location could only be made for his benefit. XII-105 Transfer of Sioux half-breed, effected through double powers of attorney will not be recognized. VIII-207; XXI-111 A location of Sioux half-breed, by one acting in his own interest and not for the half-breed is a violation of the statute under which the scrip issued. XII-138; XIII-673; XXI-111 The right to locate Sioux half-breed, on unsurveyed land can only be exercised where the half-breed has made improvements on the land, and such improvements must be for the benefit of the halfbreed. XII-138; XVIII-368; XXI-306 If the location of Sioux half-breed, is illegal, a deed of ratification executed by the beneficiary will not give it validity or prevent inquiry as to whether the improvements were placed on the land for the benefit of the half-breed. XII-157 Issued to the Sioux half-breed requires in location on unsurveyed land a showing of improvements made for his benefit. VIII-207 Improvements made for the benefit of one claiming the right of location under a power of attorney are not within the intent of the law. Sioux half-breed, not locatable upon "occupied" land. III-557 Sioux half-breed, may not be located on land withdrawn for a railroad (Northern Pacific) while an Indian reservation and afterwards released. VIII-207 II-520 The location of Sioux half-breed, on unsurveyed land is permissible, but until the government survey is filed the scrip location remains unadjusted. XX-530 XX-530 The right acquired by the location of Sioux half-breed, on tide lands is not sufficient to defeat the title of the State, by virtue of its inherent sovereignty, on its admission to the Union, over land within its limits below ordinary high-water mark. The Department has authority to issue duplicate Sioux half-breed, in lieu of scrip lost or destroyed. XXII-40 The act of July 17, 1854, authorized the issuance of, to the Sioux half-breeds in payment for their interest in the reservation purchased by the government, on due relinquishment of such interest; and where it appears that such scrip was procured on a forged power of attorney and relinquishment of like character, and was afterwards located and the entry carried to patent, all without the knowledge or consent of the rightful claimant, the right of said half-breed to receive new or copy scrip should be recognized, and his relinquishment secured. XXII-42 Land within the corporate limits of the city of Chicago is not vacant public land, and as such subject to location with McKee scrip. 5918- -42 XII-389 Scrip Continued. I-497 Porterfield, may be located upon offered or unoffered land and upon land within the incorporated limits of a town. Porterfield, can not be located upon land actually settled upon, used, and occupied for town-site purposes. XVI-397 No merely de facto appropriation will defeat a Porterfield location. I-497 Porterfield, may be located upon any surveyed land of the United States not mineral and not legally appropriated. I-497 Temporary order of Commissioner reserving land from appropriation defeats a Porterfield location. Porterfield, not locatable upon land dedicated by statute to municipal uses. III-217 X-375 Porterfield, is not locatable upon double minimum land. XXI-331 Valentine, may not be located on a tract in Chicago formed by accretion after survey on the lake shore of the section. II-338 Valentine, not locatable within the corporate limits of a city or town site.' V-382 Land embraced within a reservation for town-site purposes is not subject to location with Valentine. XII-281 Right to locate Valentine scrip on lake front in Chicago res judicata. V-382 Valentine, not locatable upon unsurveyed lands within the Territories lying below high-water mark and above low-water mark. X-365 Lands occupied and within the corporate limits of a city not subject to Valentine location. III-200 Valentine, may be located on lots made by union of small tracts in adjoining quarter sections. II-460 Valentine, may not be located on land covered by a preëmption claim. II-594 Valentine, may not be located on lands valuable mainly for pine timber within the reservation in Michigan for the Ottawa and Chippewa Indians. II-190 The owner of Valentine, who has located the same upon unsurveyed land may withdraw the same or change the location at any time prior to survey and before the adjustment of such location. XV-170 A location of Valentine, on unsurveyed land when adjusted after survey is equivalent to a purchase if the land is subject to such disposition, and the owner of the scrip can not thereafter change the location and use the scrip again. XV-255 A special swamp indemnity certificate, issued to the State of Florida. under the act of June 9, 1880, is not locatable upon lands within the corporate limits of a city. XVII-355 A special swamp indemnity certificate (Palatka scrip), locatable upon "vacant and unappropriated public lands," may be located Scrip-Continued. upon lands of such character lying within the corporate limits of a city, if in fact such land is not claimed by said city, and can not be under the public land laws. XIX-77 The general provisions of the act of March 2, 1889, restricting the sale of public lands at private entry to the State of Missouri, did not contemplate the nullification of the special right conferred by the act of March 2, 1855, upon States to locate swamp indemnity certificates on lands that were at the date of said act subject to entry at $1.25 per acre. Secretary of the Interior. See Land Department. XXII-657 Selection. See Railroad Grant; School Land; States and Territories; Swamp Land. Seminole Lands. See Oklahoma Lands; Town Site. Circular of April 1, 1889, directing the manner of disposition under the act of March 2, 1889. Proclamation of the President opening to entry. VIII-336 VIII-341 Settlement. See Filing; Indian Lands; Oklahoma Lands; Rail road Lands; Residence. I. GENERALLY. II. HOMESTEAD. III. OSAGE LAND. IV. PREEMPTION. I. GENERALLY. Date of, is question of mixed law and fact. I-445 Actual date of settlement may be shown on contest or in final proof, though it be earlier than alleged in the application. I-444; III-103, 380 Priority of, confers no right where it is not made for the purposes contemplated by law. . XII-654 Priority of, is protected only under legal assertion of right. IV-387 Rights claimed under, should be asserted within the statutory period to be effective as against the intervening entry of another. XV-397; XVI-266, 270; XVII-345; XX-550; XXI-542 A claimant will not be heard to assert a, where by his own laches he has allowed the rights of others to intervene, and by his own. acts recognized such intervening rights. XXI-138 A party who settles on land covered by the entry of another, under an agreement with the prior entryman that such entry shall be relinquished for his benefit, acquires no right as a settler as against the intervening entry of another, made on the relinquishment of the prior entry, if he fails to secure the release of said land through contest or in the manner agreed upon. XXII-490 Settlement-Continued. I. GENERALLY-Continued. The failure of a settler to assert his right within the statutory period, and consequent loss of priority as against an intervening entry, does not preclude the assertion of his right as against a subsequent entryman, where said settler remains on the land and the intervening entry is canceled. XIX-421 During the period in which the local office is closed time does not run against a settler in the matter of asserting his claim. XVIII-543 The right to be heard on an allegation that claim of, is not asserted within the statutory period can only be accorded the "next settler," and will not be recognized when set up by a State claiming under a selection. A legal claim of settlement does not amount to a grant. XV-93 III-318 I-30, 450, 451; VIII-502 Not followed by residence confers no right under any of the settlement laws. IV-339 Acts of, to be received as such must be followed within a reasonable time by the establishment of residence. IV-339; XVIII-543 Rests on acts performed in person by the party claiming the benefit thereof. VIII-623; XI-175; XIII-142 Mere personal presence on public land, without the performance of acts connecting the claimant with the land, is not a, within the meaning of the law. XXII-642 Act of, complete from the instant the settler goes upon the land with the intention of making it his home and performs some act indicative of such intent. III-294; X-582; XII-415 XII-415; XXII-310 Act of, is sufficient if it tends to disclose a design to appropriate the land in accordance with the law. Effected by one who goes upon public land with the intention of making it his home and does some act in execution of that intention sufficient to give notice thereof to the public. II-628; VIII-176; X-25 Consists in substantial improvement, permanent in character, with intent to appropriate the land. III-162, 295; XX-452 III-380 Must be made in person upon unappropriated land. "Picking" a small patch of ground and erecting a cross are not acts of. III-162 Priority of, accorded to one who first reaches the land and puts up a "stake" thereon, with the announcement of his claim, where such act is duly followed by the establishment of residence. XVII-162 Setting stakes to mark the foundation of a house will not be considered an act of, where the stakes are so small as to be scarcely visible, and hence do not serve as notice of a claim. XX-452 |