Abandonment.

See Contest; Residence.
Accounts.

Under the provisions of section 8, act of
July 31, 1894, the acceptance of payment on
the settlement of an account by an auditor
precludes a revision of said account........ 609
Special instructions issued by the sur-
veyor-general, with respect to the execu-
tion of a contract for a public survey, be-
come, under the act of October 1, 1890, a
part of such contract if not in conflict with
the manual of surveying instructions, or
the instructions of the General Land Office. 609

Absence, Leave of.

See Residence.

Adverse Claim.

See Mining Claim.

Affidavit.

See Contest.

Alaskan Lands.

Directions given that whenever a survey
of, is desired, due compliance with the de-
partmental regulations of June 3, 1891, in
the matter of written applications and other-
wise, shall be exacted in each instance .... 513
A survey of, as provided for in the act of
March 3, 1891, is special in its character,
and there is no authority therefor except
as preliminary to a purchase, and it there-
fore follows, that before such a survey is
made there should be a prima facie showing
of the right to purchase, and due compli-
ance with the departmental requirements
regulating applications for the survey of
said lands

Where a survey of, with a view to purchase
under section 12 of said act, has been made
without written application therefor, as re-
quired by departmental regulations, and the
amendment of such survey is found neces-
sary, it will not be allowed until due appli-
cation therefor has been made in conformity
with said regulations: and prior to the exe-
cution of such amended survey a deposit of
an amount sufficient to defray the expense
thereof, and all expenses incident thereto,
must be made...

On the survey of, with a view to the pur-
chase thereof under section 12, act of March
3, 1891, articles of personal property should
not be included in the estimated value of
improvements on said land..

232

512

A survey of, is required by the law and
regulations to be in a square form as near as
practicable.

558

The occupancy of land solely for domicil-
iary purposes, by one who is engaged in the
business of fishing, is not an occupation of
the land for the purposes of trade or man-
ufactures within the meaning of said act.. 568
The word trade," as used in section 12 of
the act of March 3, 1891, is employed in its
commercial significance, and Congress, by
its use in defining the character of occu-
pancy which would authorize a purchase of
land, did not intend to include thereby lands
used for farming, cattle grazing, or fox
raising

An entry for purposes of trade and manu-
facture must be limited to the land possessed
and occupied for such purposes alone, when
taken in the form prescribed by the stat
utes, and not include lands used for agricul
tural purposes incidental to the business of
the purchaser..

232

305

A survey with a view to purchase under
section 12, act of March 3, 1891, will not be
approved if it operates as an encroachment
upon lands occupied by native villagers.... 558
Land upon which is located the fresh-wa-
ter supply of a native Alaskan village may
be regarded as land "actually occupied by
such natives, and therefore excluded from
entry for purposes of trade and manufac-
tures under the act of March 3, 1891........ 518
A survey of, with a view to the purchase
thereof as a trading post, should not be
allowed in such form as to deprive native
villagers of free access to the surrounding
country

An entry under the provisions of section
12, act of March 3, 1891, should not be
allowed in such form as to include a trail or
roadway between a native village and a har-
bor landing. long used by the natives to
reach said landing, and necessary for their
free access thereto

The protection accorded to the possessory
rights of Alaskan Indians and other persons
by section 8, act of May 17, 1884, was not in-
tended to apply to cases where the settle.
ment was made at a time when the land em-
braced therein was included within a public
reservation..

517

512

104

568

Sections 2339 and 2340 of the Revised
Statutes are part of the general land laws,
and are not operative in Alaska, except in

Page

305

so far as they relate to mining claims and
the rights incident thereto......

The provisions of the act of March 3, 1891,
contain no authority for the purchase of, to
be used and occupied for railroad purposes. 558
A survey that embraces tide lands with-
in its limits will not be approved, as there
is no authority by which title thereto can
be acquired under the public land laws.... 533
There is no statutory authority for the
acceptance in payment, for lands purchased
for trade and manufacture, of the certificates
issued on account of the deposit made to
secure the survey of said land

305

A transferee of a mining claim, whose in-
terest is acquired during the pendency of
the departmental proceedings involving
the status of said claim, takes no right bet-
ter than that possessed by his grantor..... 122
A contract of sale entered into by timber
culture entryman, to be consummated by
delivery of deed after the submission of
final proof and the issuance of patent, is in
violation of law, and makes cancellation of
the entry necessary; and where after such
alienation the entryman dies, his heirs are
entitled to no greater rights under the entry
than he had at the time of his death....... 378
The sale of land embraced within a coal
land entry prior to the time when final
proof has been filed in the local office, but
after the actual execution thereof, does not
call for the cancellation of the entry in the
absence of bad faith........

.... 413

Page.

......

163

by the prior entry of another, while pend-
ing, serves to protect the rights of the appli-
cant as to the land open to entry........... 139
To enter, embracing in part land not open
to entry, while pending, operates to protect
the right of the applicant as to such portion
of the land as may be subject to appropria-
tion at the date of his application.......
Pending final action on, the land embraced
therein is not only reserved from any other
disposition, but until the application is
allowed a charge of abandonment will not
lie; nor is the applicant in such case re-
quired to reside on the land covered by his
application pending final decision thereon. 219
To enter, suspended on account of defects
therein, with notice of such action to the
applicant, operates to reserve the land from
other disposition until final action thereon. 389
To enter properly rejected by final deci
sion of the Department, under the rulings
then in force, can not be reinstated with a
view to favorable action under a changed
construction of the law

444

In the case of, to make entry, filed sub-
ject to prior adverse applications, the quali
fications of such applicant should not be
determined before an adjudication of the
relative rights of the parties in interest... 553
An applicant for the right to make home-
stead entry of a tract covered by a donation
claim is not entitled, on appeal from the re-
jection of his, to raise a question as to the
citizenship of the donation claimant....
...... 565

The tender of a relinquishment, accom-
panied by, at a time when there is a vacancy
in the office of the register, and when,
under the rulings then in force, such papers
should have been received and held to await
the resumption of business, entitles the
party making such tender to have said
papers treated as though filed, though in
fact they were returned on account of said
vacancy..

Arid Lands.

See Reservoir Lands.

Boundaries.

See States and Territories,

Cancellation.

363

Of a desert land entry without due notice
of such action to the original entryman,
with opportunity given him to show cause
why such action should not be taken, is un-
authorized by law, and an entry so canceled
must be held in law an existing entry...... 499
Certification.

See Patent.

Certificate of Deposit.

Issued on account of deposit to secure
the survey of Alaskan land can not be ac-
cepted in payment therefor

305

Page.

Certiorari.

Page.

Contest.
See Contestant.

A declaration of intention to become a
citizen filed before a clerk of a court in 1868
(prior to the revision of the United States
Statutes) is valid, and qualifies, in the
matter of, the person taking such action, as
a claimant under the settlement laws...... 252
An alien who for the last three years of his
minority resides in this country is qualified,
in the matter of, as a homestead settler,
without previous declaration of intention
to become a citizen...

A presumption as to the continuity of
alieuage, when once shown, may be over-
come, where no record of naturalization is
found, by a presumption of, growing out of
a long continued exercise of the rights and
duties of a citizen; and the son of an alien,
in such case, is entitled to the benefit of
such presumption of citizenship, where no
record of the naturalization of the father
during the minority of the son can be pro-
duced

Coal Land.

The time within which a claim must be
perfected by purchase, where the filing
when first offered is properly rejected on
account of a defective township plat of
survey, and is thereafter allowed on the
correction of said plat, should be computed
from the date when the corrected plat is
filed, and the land opened to disposal..

300

565

107

The possession of a claim by an agent is
the possession of his principal, and all acts
of said agent towards perfecting title will
inure to the benefit of the principal........ 107
Confirmation.

If a contest against a homestead entry
fails, and more than two years have elapsed
since the allowance of the entry, it is con-
firmed under the proviso to section 7, act
of March 3, 1891, though under the body of
said section the entry is not susceptible of. 239

To determine the sufficiency of an affi-
davit of, as the basis for a hearing it is
necessary to consider whether or not, if any
one or more of the charges taken singly, or
all the charges taken together as a whole,
are established, the entry must be canceled. 151
The failure of a contestant to prosecute
his suit, and a resulting order of dismissal
for want of prosecution, will defeat the
right of such contestant to be afterwards
heard on a charge substantially the same as
that presented in the first instance........
An athidavit of, filed during the pendency
of a prior contest, charging fraud and collu-
sion as against the parties to the pending
suit, should be held to await the final dis-
position of said suit...

450

703

Allowed during the pendency of prior
proceedings involving the same land can
not operate to confer any right as against
the successful party in said proceedings... 188
A decision of the Department denying a
motion for rehearing does not preclude the
General Land Office from directing an in-
quiry, in the nature of a new contest be-
tween the parties, to determine questions
arising since the original hearing...

A second, or second hearing on the same
charge is rarely permitted, but the mere
fact that a charge against an entry has
formed the basis of a contest, which failed
for want of suflicient proof, will not, in itself.
preclude the Land Department from further
consideration of the same matter, if the legal
title to the land still remains in the govern
ment, and it is made to clearly appear that
adherence to the former finding, or deci-
sion, will lead to the patenting of public
land in violation of express provisions of
law.

In proceedings by the government to de-
termine whether an application by an Indian
to select certain tracts as an allotment shall
be allowed, a stranger to the record, alleg
ing prior settlement rights, will not be heard
to set up his claim, but must await the dis-
position of the pending action...........

An allegation of failure to comply with
the law does not furnish a basis for cancel-
lation if not made until after the alleged
default has been cured.

In a, brought on a general charge of non-
compliance with law, accompanied by an
offer to pay the expenses of the hearing.
the contestant should be required to pay
all of the costs of the hearing, and on his
failure so to do, the case may thereafter be
treated as between the entryman and the
government

163

49

207

384

210

In a, against the heirs of a homesteader.
on the ground that they have failed to com-
ply with the law, it is essential that the
death of the entryman should be alleged and
proven

A leave of absence granted a homesteader
under the act of March 2, 1889, protects the
entry, as against a charge of abandonment,
for the period of six months after the expi-
ration of said leave

TIMBER CULTURE.

Against an entry, initiated after the pas
sage of the act of March 3, 1893, in which
the charge is non-compliance with law, pre-
sents no cause of action, in the absence of
an allegation of default on the part of the
entryman occurring during the first eight
years of the entry..

Failure to secure the requisite growth of
trees calls for a cancellation of a timber-cul-
ture entry where the absence of good faith
in the matter of planting and cultivation is
apparent.

Contestant.

See Contest.

The preferred right of a successful, can
not be defeated by an adverse settlement
claim acquired subsequently to the initia-
tion of the contest....

The preferred right of entry given to the
successful contestant by the act of May 14,
1880, can not be held to extend to one, who,
under another statutory enactment, is dis-
qualified and prohibited from entering the
land involved

344

268

670

690

31

34

A successful timber-culture, whose suit is
begun prior to the repeal of the timber-cul-
ture law, but not concluded until after said
repeal, is not entitled to make a timber-cul-
ture entry in the exercise of his preferred
right, if no application to enter under said
law was made by him prior to said repeal.. 474
Costs.

See Practice.

Deputy Mineral Surveyor.

See Land Department.

Desert Land.

See Entry.

The provision in the act of June 11, 1896,
that patents for, may issue to the States
when an ample supply of water is actually
secured, without regard to settlement and
cultivation, is not limited to lands on which
liens have been placed under said act, but
is applicable to all lands donated by the act
of August 18, 1894.......

Regulations concerning the making of
proof for desert lands segregated under sec-
tion 4, act of August 18, 1894 (28 Stat..
372-422), as amended by the act of June 11,
1896 (29 Stat.. 434)...

74

434 1

Where by the decision of the. General
Land Office the right to enter a certain tract
is recognized, but no time is fixed in said
decision within which such entry shall be
made, the right so allowed may be lost if
not asserted within a reasonable time.............. 268
Reinstatement of a canceled, will not be
made, where negligence on the part of the
applicant in the assertion of his claim ap-
pears, and an adverse right has intervened. 147
On application for the reinstatement of.
the applicant should not be heard to say
that he did not receive proper notice of the
decision holding his entry for cancellation.
where his failure to be heard on appeal is
in no way due to the alleged insufficiency of
such notice..

Where canceled on account of an adverse
claim, when it should have been held intact
subject to the perfection of said adverse
claim, it may be treated, on application for
reinstatement, as though the latter action
had been taken.....

Canceled with the view to allowing the
entryman to make a second, may be rein-
stated, where on account of poverty he is
unable to make the second, and his good
faith is manifest..

May be amended to embrace an additional
adjacent tract that was at the date of the
original entry included in the existing entry
of another, where such amendment corre
sponds with the original settlement claim,
and no adverse claim exists......

A second, will not be allowed on account
of the worthless character of the land
covered by the first, if such entry was made
without examination of the land...........................

DESERT LAND.

The act of August 4, 1894, dispensing with
annual expenditure on desert entries for
that year applies to entries existing at the
time said act took effect, and does not oper-
ate to revive entries rightfully canceled
prior thereto......

147

213

427

69

23

499

The act of August 4, 1894, relieving desert
entrymen from annual expenditure during
the year of 1894, is applicable to entries
made in said year, and prior to the passage
of said act: and the year so given should
be computed from the date of the entry.... 298
The cancellation of a desert land entry
without due notice of such action to the
original entryman, with opportunity given
him to show cause why such action should
not be taken, is unauthorized by law, and
an entry so canceled prior to the act of

Rights lawfully acquired by homestead,
under proceedings in the land office author-
ized by existing law, may properly be per-
fected, though the law authorizing such
entry is subsequently repealed ............ 330
A homestead enfry must be canceled on
due showing of a prior adverse settlement
right.

A settler who, under the law as it stood
at the time of his settlement, had exhausted
bis homestead right by a prior entry, is not
entitled to make a second or additional.
under the act of March 2, 1889, where prior
to the passage of said act and prior to th✪
initiation of a valid settlement claim, the
land has been sold by a railroad company
as part of its grant, and the right of the
purchaser validated by the act of March 3,
1887...

The right to make a second, under the
act of December 29, 1894, will not be de-
feated by the fact that the entryman sold
the improvements on the land covered by
his first entry, and relinquished his claim
thereto, where it appears that, on account
of a protracted drought, such action was
made necessary to secure the means of sub-
sistence.

The right to make a second, under the act
of December 29, 1894, can not be recognized,
where the first entry was abandoned with-
out any attempt to raise a crop on the lands
embraced therein.....

A homesteader who enters one hundred
and twenty acres, and contests an, embrac-
ing an adjacent forty acre tract, may, in the
event of success. be permitted to so amend
as to include said forty acres, where by such
action he secures the land originally in-
tended to be entered ..

TIMBER CULTURE.

301

504

549

23

663

Is subject to devise by will, and on due
compliance with law the devisee is entitled
to submit final proof and perfect the entry. 690
A successful timber culture contestant
whose suit is begun prior to the repeal of
the timber culture law, but not concluded
until after said repeal, is not entitled to
make a timber culture, in the exercise of
his preferred right, if no application to
enter under said law was made by him prior
to said repeal
Allowed prior to the expiration of the
statutory period of cultivation, may be

474

Page.

equitably confirmed, in the absence of any
adverse claim, where it appears that after
the issuance of final certificate the land was
conveyed to another for value and without
notice of the defect in the final proof, and
subsequent compliance with the law in the
matter of cultivation duly appears......... 547
Failure to secure the requisite growth of
trees calls for cancellation of an entry
where the absence of good faith in the mat-
ter of planting and cultivation is apparent. 690
Equitable Adjudication.

Rule 33 cited and applied to a tiraber-cul-
ture entry where final proof was prema-
turely submitted...................

Equitable action on homestead entries,
where residence is not established within
the prescribed period of six months, is not
necessary, if final proof is made within the
statutory life of the entry, and such proof
shows continuous residence for five years
next preceding the date thereof..
Evidence.

549

687

379