NOTICE, Continued.

PAGE.

259, 262

Written, of intended absence should be signed by party and filed
with Register and Receiver under grasshopper act,
After a party shall have filed, of intended absence, his rights can-
not be contested prior to expiration of legal term of absence,
under grasshopper act,
Written or printed, to be signed by grasshopper homestead ab-
sentee, &c., and kept posted for three weeks on claim and in Court
House, in case final proof is not made at local office,

A D. S. on file in the proper office is, to the world, of the location,
and extent of a pre-emption claim, and no subsequent amend-
ment, except for error or mistake can defeat a right initiated
prior to such amendment,

259-62

260

322

To be given school agents, in certain cases, that prior to a certain
day, recommendations for school selections will be received,
Must be given by California State authorities to Register, of selec-
tions made,

Circular of February 10, 1870, giving, to settlers on lands reserved
for railroad purposes,

403

438

450

Register and Receiver to give, to certain private land claimants who
have not applied for surveys of claims,

Such, to be considered the date of selection where the lands have
been surveyed,

450

452-53

At least thirty days, to be given certain parties in case of trial for
contested swamp selections,

472

How the notice of such hearing shall be given,

473

Act of June 14, 1860, rests upon constructive statutory, and should
be strictly construed against claimants,

559

Of contest, in case of coal entries, what to consist of,

668-669

To be furnished settlers on Cherokee strip, Kansas,.

706

To be given in case of lost or stolen Revolutionary Bounty Land
Scrip, when certified copies issue,

747

0.

"OFFERED" LANDS.

When subject to purchase at public sale,

Pre-emptions admitted upon,

Where tract is, settler must file declaratory statement, &c.,
Proceedings where tract has been surveyed and not offered at pub-
lic sale,

Cancellation of an entry made of, does not of itself restore the
land to private entry,

Odd sections never having been, are not subject to private entry,.
D. S. must be filed on, within 30 days after settlement,
Treatment of pre emption claims on, circular of December 30, 1870,

OHIO.

Virginia Military District in,

OPENING AND IMPROVING.

Of a coal mine; how considered in reference to preference right
of purchase,

OREGON.

Notwithstanding returns of surveyor-general, had right to show by
evidence the character of the land at time her rights accrued,
Swamp grant was made to, by act of March 12, 1860,
OREGON DONATION CLAIM.

Heirs of party who occupied, for one year as required by act of
July 17, 1854, may purchase at $1.25 per acre,

749

A wife who had been divorced before the four years of cultivation
expired was not entitled, and a wife who had been married after
December 1, 1850, was not entitled,

751

An entry as an, prima facie regular and valid, cannot be set aside
on the allegation of fraud by strangers in interest,

751

OREGON DONATION CLAIM, Continued.

The act of February 14, 1853, does not limit, entries under it to
surveyed land,

Of Roman Catholic Missions, how treated,

ORIGINAL APPLICANTS.

Under soldiers' and sailors' homestead law must furnish certified
copies of certificate of discharge or satisfactory evidence on that
point,

ORIGINAL CLAIMANTS.

265

Under soldiers and sailors' homestead provisions may make imme-
diate entry or file declaration, &c.,

264

May at any time within six months after filing declaration make
.entry,

264

Provision in case, file declarations through agents,

To be bound by selections made by agents,

264

264

Failure on part of, or agents to make entry of tracts within six
months to be regarded as abandonment, &c.,

264

ORIGINAL HOMESTEADS.

Additional tracts must be contiguous to, under soldiers' and sailors'
homestead provisions,.

265

Provisions in case party applying for additional land has not made
final proof on,

Affidavit in, must be made before county clerk in case applicant is
prevented from attending land office,

267

276

Of less than 160 acres, prior to June 8, 1872, a test of applicant's
right to make additional entry,

279

An additional tract is practically an integral part of an,
Where, is not perfected one patent may include both,

279

279

282

If less than 160 acres and made prior to act of June 8, 1872, entitles
soldier to enter enough more to make up 160 acres,

ORIGINAL ENTRY.

Requirements of, party who desires additional entry under cir-
cular of June 17, 1875, under act of March 3, 1875, for relief of set-
tlers within railroad limits,

Instructions and rulings under Resolution of April 10, 1869,
Powers of treaty of July 21, 1867, over, .

OTTAWA AND CHIPPEWA LANDS.

Restoration to market of, in Michigan,

OVERFLOWED LANDS. (See Swamp-Lands.)

OWNER.

406

271

.

271

271

Actual, proceedings of in case Ag. Col. Scrip to which he is entitled
has failed to reach him,

491

Of lost Ag. Col. Scrip to file declaration under oath in regard to
loss,

491

P.

PACIFIC RAILROADS.

Special provisos relating to, as to surveying, selecting and convey-
ing lands,

339-40

Mineral lands, except coal and iron, excepted from grants to,
Forms for certificate of payment of cost of surveys, &c.,

Rights of, to their grants attached when the road was run on the
face of the earth, and adopted by the Companies, .
Pre-emption claim 'under 3d sec. act July 1, 1862, rejected because
land had not been formally restored to market,

366

417

PATENT.
What constitutes basis of, for homestead,

One to issue for original and additional ́ tracts entered by party
claiming under soldiers' and sailors homestead provisions-pro-
vided both tracts are situated in same land district,
Homestead not subject to debt prior to issuance of,

A party, after cultivating, &c., timber under timber culture law for
eight years, may upon satisfactory proof receive,
Provision in case of death of original owner,
Heirs and legal representatives to receive,

PAGE.

183

187

188

190, 650
190

For forty acres may issue to heirs and legal representatives of de-
ceased settler who has complied with the timber culture laws for
three years,

190

190, 650

Failure to comply with provisions of timber culture laws after not
less than one year from date of entry, and prior to the issue of,
therefor will subject the land to contest,

To issue at any time after three years to homestead party who has
for two years cultivated one acre of timber to each 16 of his
homestead

To be issued to a married woman deserted by her husband and
making homestead entry, notwithstanding her husband's return,
Five years' residence is sufficient to entitle a homesteader to,
For homestead claim should issue to widow upon death of hus-
band

When to issue to heirs of deceased homestead settler or devisee,.
To homesteads where complete, may subject them to taxation,
Should issue to insane homestead claimant through guardian, &c.,,
One, may issue for both the original and an additional homestead
tract, where original has not been perfected,

A written contract for sale of growing trees to be cut and removed
when vendor obtained, invalidates a pre-emption claim
Rule in force at date of issue of, will be followed, though a different
rule be adopted after such issue

190

190

282
239

245
246
247

253

279

312

399

Before issue of, the rule in force at date of hearing will be applied
though at commencement of proceedings a different rule was in
force,

399

491

Proceedings to prevent fraudulent issue of, for ag. col. scrip,
For private land claims issues to the confirmee or his legal repre-
sentatives which term includes heirs, devisees and assignees,
Is presumed to be regularly issued when found duly recorded in
patent records, but such presumption may be overcome by proof,
The record of a, may be made to conform to the facts
Should issue for public lands to the pueblo authorities entitled
thereto if survey has been properly approved,
Where, was issued, (but recalled) on an approved survey afterwards
set aside and a new survey ordered upon which a second patent
was issued but not delivered, the first patent upon a review of the
question appearing to have been issued upon a proper survey,
will be delivered and the second one cancelled,

494

532
532

547

550

A private land claimant who failed to present his claim to the Board
of Commissioners for California is not entitled to a
The act of June 21, 1860, does not require the issuance of a, and is
equivalent to one,

563

605

Should be issued in case of all private land claims which have
been confirmed by Congress and surveyed and plats filed in the
General Land-Office,

Cannot issue on a plat' materially differing from the field notes of
survey and the Commissioner cannot change the sworn returns
of a deputy surveyor,

To issue to homestead settler who, after complying with certain
conditions, cultivates one acre of timber for each 16 acres of his
homestead, &c., .

For timber culture claim to issue to settler, his heirs or legal repre-
sentatives, upon proper proof being made within three years
after expiration of time required to perfect entry, .

PATENT, Continued.

For quarter-section to issue to party who cultivates and protects
certain amount of timber for a term of years,
When to issue to "the heirs" under timber culture law,
For coal land, to issue when proceedings are found regular,
After issue of, for town site the General Land Office has nothing to
do with disposal of town lots,

For townsites in mining regions exclude all mining claims,'
Clause to be inserted in, for mining claim, excluding town proper-
ty rights,

Issued on location of Military Bounty Land Warrant will be de-
livered at the General Land Office or at the local office,
Where, has issued on a Military Bounty Land Warrant regular on
its face but located on a forged endorsement without protest
from the rightful owner the Interior Department can afford no
redress,

Regulations relative to delivered and undelivered patents,.
Cannot issue for locations of private land scrip,

When issued may be set aside by a court of competent jurisdiction
on ground of fraud,

PAYMENT. (See Final Proof.)

For minimum lands,

In cash purchases when to be made,

PAGE.

647

654

For double minimum lands,

179

180

In locating with warrants to be made,

180

For pre-emption claims how made by agricultural college scrip,
For homesteads, how made by agricultural college scrip,
When to be made, in cases of settlement on unsurveyed lands,
Of certain remaining commissions must be made by homestead
settler to ensure patent,

181

181

181

183

For lands at private entry must be made in cash not by check,
A deposit for survey of township should be received in part, for
the land under the homestead law,

214

230

Upon, of certain fees by timber-culture claimant he will be allowed
to make entry,

Provision in case Agricultural College Scrip is presented in, of a
pre-emption claim of $2.50 land,

Homestead entry should stand when prior pre-emptor fails to make
proof and, within one year.

321

486

647

670-71

And final proof, how regulated under coal-land act,

PERSON.

Any, entitled at proper time to prove up, may commute homestead
entry,

At the land-office, not a necessary incident to the statute, and may
be modified whenever found to work great hardship, &c.,
PLACER CLAIMS.

Patents may be issued for, although previous patents covering the
land have been issued for town-sites,

698

PLAINTIFF.

Has right to contest a homestead entry for abandonment, &c., subse-
quent to date of former trials, .

251

PLAT.

Register and receiver to carefully examine, and tract books before
permitting entry to be made under timber-culture laws and ascer-
tain if it is admissible,

Certificates and affidavits to, of surveys and locations of railroads,

191

344-46

Time of filing, of definite location is evidence of time a railroad
was located,

366

Lands embraced in certain entries made after, of general route
had been filed but before definite location and withdrawal had
been made passed to the Northern Pacific Road,

377

PLAT, Continued.

The right of the Northern Pacific attaches where line is definitely
located and, thereof filed in the General Land-Office,

Township, must be filed in local land office before pre-emption fil-
ings can be received,

Pre-emption flings cannot be received until after the township,
has been filed in the local office,

Approval by the Surveyor-General of survey of a private claim
may be by publication as well as endorsing on the,

Act of 1860 required that four weeks should elapse between the
first insertion of the published notice and removal of, from Sur-
veyor-General's Office,

Connected, to be obtained from Surveyor-General, in certain cases
of rejected private-land claims,

The successor to the Surveyor-General who approved survey of
private-land claim cannot change the,

Where a, is referred to in a written document, it has the same
power to explain though not to vary as though copied at length
in the instrument,

A patent cannot issue on a, materially differing from the field notes
of survey, nor can the Commissioner change the sworn returns of
a deputy surveyor to make them correspond,
Official township, showing timber on a tract must be accepted, as
determining its character,

PAGE

381

420

420

548

551

451

559

564

611

658

Township; declaratory statement in coal land purchases must be
filed within sixty days from filing of,

670

PORTERFIELD WARRANT.

Can be located on any lands surveyed or unsurveyed, offered or
unoffered, not otherwise legally appropriated,
Can be located on land withdrawn,

Until offered at public sale, land is not subject to location with,
(special case,)

216

803

805

Form of,

POSSESSION.

. 805

Sale of land, accompanied by delivery of, is prohibited by the pre-
emption laws,

A priority of, and improvements to govern award of coal lands in
certain cases of conflict,

668

By agent considered as, by principal in coal cases,

A State Governor authorized to sell A. C. S. Scrip cannot execute
a, to enable the Secretary of State to sell it,

795

PRE-EMPTION CLAIM. (See Filings.)

Title to public lands may be acquired, .

179

Land may be taken at $1.25 per acre by compliance with certain
requirements,

181

Admissible to the extent of one quarter section, or 160 acres,

Admitted under sections 2257 to 2288 Revised Statutes of U. S., . 181
Upon " offered" and "unoffered" lands,

. 181

Upon unsurveyed lands in certain cases.

181

Restricted to heads of families, widows, or single men, &c., qualifica-
tions,

181

Excludes Indians except such as have become citizens,

181

Proceedings in cases where tract has been surveyed and not offered
at public sale; when proof and payment are to be made,
Proceedings where settlements are made on unsurveyed lands,
Rights of, along line of railroads protected, where settlement ex-
isted prior to withdrawal,

Two or more, upon unsurveyed land found upon survey to be on
the same legal subdivision, may make joint entry of such tract,