PRE-EMPTION CLAIM, Continued.

In case of death of, title may be perfected in name of "the heirs"
by administrator, &c.,

Act of Dec. 28, 1874, applies only to actual, not to those who
simply file D. S. without settlement, .

When a married woman is entitled to, in her own name,

Is not necessarily forfeited by a, mortgage which when released is
no bar to the completion thereof,

PAGE

182

262

286

313, 14

To initiate a valid, on land covered by a homestead entry, some
act of settlement must be done after cancellation of the home-
stead.

A purchaser in good faith and for a valuable consideration of a
cash entry is not a trespasser but legally in possession,
Land covered by a homestead is subject to a, initiated prior there-
to, and filing should be received within the legal period, .
Lands within a town-site or incorporated city, or used for com-
merce and trade are not subject to,

316

319

319

Proof, how prepared for transinission to the G. L. O.,
Application of A. C. S. to,

Agricultural college scrip may be received in payment for,
How, can be commuted when located on unsurveyed land,
Treatment of under circular of Dec. 30, 1870,

On offered, unoffered, surveyed and unsurveyed lands,
Cannot embrace more than quarter-section or approximate 160

acres

May be paid for in part,

May be forfeited by sale of land or timber growing thereon,
Claim is not forfeited by sale unless made voluntarily and while
the party is in his right mind,.

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

A substitution of one tract for another is virtually a new state
selection and cannot effect a valid, meanwhile accruing,

A state selection on land held in reservation by an unadjusted
Mexican grant is null and void, and is not a bar to a, subsequently
initiated,

A, of record is prima facie evidence of a valid right,

306

309

311

312

313

322

324

330

405, 389

Land embraced in a, claim fraudulent in its inception or abandoned
at date a railroad grant took effect passes to the road if an odd
section, &c.,

Proceedings to contest, claims within railroad limits,.

A foreigner, by his D. S cannot as a pre-emptor except land from
enuring to a railroad grant.

Neglect to file within legal time does not forfeit, provided
verse claim attached,

389

405,389

405

no ad-

A public officer may reside where the law requires without losing
his,

A railroad is not an adverse claim to a, acquired before definite lo-
cation of road,

409

409

412

Under the third section of the act of July 1, 1862, within U. P. R. R.
limits rejected because the land had not been formally restored
to market,
Definition of a,

Abandoned before definite location of a railroad passes to the road, 416
Unsurveyed lands in California were not subject to a, between ex-
piration of act March 1, 1854, and passage of act of May 30, 1862, 420
Not open to school selections,

439

Lands to which valid, have attached are not confirmed to Cal. by
act of July 23, 1866,

450

Provision in case agricultural college scrip is presented in payment

of, of $2 50 land,.

486

Timber culture entry will be cancelled when in conflict with a

valid,

654

PRE-EMPTION CLAIM, Continued.

Coal lands are excluded as mines from a, under act of 1841,
On land selected as a town for speculative purposes should be re-
jected,

Not allowed where party made settlement for trade and not agricul-
ture,.

Settlements made on lands selected for a town site are not subject
to,.

And homestead settlements are not allowed by Osage Indian
treaty,

Military bounty-land warrants may be used in payment of, even
when they embrace unoffered land,
PRE-EMPTION CLAIMANT. (See Pre-emptor.)
Form of affidavit required of, .

Evidence must show that, was a citizen or had declared his inten-
tion to become such,

Who at time of filing D. S. owned 320 acres land, but did not Own
it at time of making final proof, cannot acquire a pre-emption
right,

Pendency of contest between, does not exclude pre-emption filing
and settlement,

May, under sec. 5, act March 3, 1843, file after three months, if no
adverse right has intervened, .

PAGE.

661

696

683

686

700-2

731

194-5

287

288

292

292

Who gives notice of claim on unsurveyed land may enter the land
when surveyed with the part of his claim in another township, 295
Need not file D. S. until his claim is so surveyed that he can describe
it, .

Whose D. S. is rejected by the local officers should not suffer by
their neglect,

May make joint entry under act March 3, 1873,

In Minnesota, instructions under act of June 3, 1874,

296

299

301

311

Who entered upon reserved land cannot contest a homestead
made on day of restoration to market,

Is disqualified who contracts in writing to sell growing trees, which
are to be cut and removed when patent is obtained,
Cannot initiate a homestead claim at the same time he claims as a
pre-emption,

At any time within lifetime of, filing may commute to homestead
and the right will reiate back to settlement,

318

On land afterwards raised to double minimum, can on commuta-
tion only embrace half the original claim,
Where a, was present at the local office one certain day, but
through no fault of his he was prevented from making entry un-
til next day, if necessary to the validity of his claim, his entry
will take effect from prior day,

And homestead claimants to be protected in case California selects
minimum lands, claimed by them,

Should make affidavit prior to date of first state application,

Bona fide right of not to be interfered with in extending lines of pub-
lic survey over certain private land claims, .

PRE-EMPTION DECLARATORY STATEMENT. (See Declaratory State-

ment.)

To be filed where tract is offered land, .

Second filing of, prohibited in certain cases,

Second legal filing allowed when first filing is illegal,

PRE-EMPTION ENTRY.

Land embraced in a cash, cancelled because it embraced more than
160 acres and not included in subsequent entry does not inure to
a railroad,

And homestead entry, all sections odd and even are subject to, un-
der act of June 5, 1872, .

Modification of rule that a stranger in interest cannot attack a,

PRE-EMPTION LAWS.

Of Sept. 4, 1841,

Of June 2, 1862,

208

Lands covered by unexpired homestead filings may be filed upon

under,

272

PRE-EMPTOR.

Entitled to make entry, &c.,

182

226

226

A qualified party may settle as a, on unsurveyed land,
When land is surveyed and declaratory statement filed, may com-
mute to homestead entry,

If a single woman marry after filing D. S. she abandons her right

as a,

Who settled prior to railroad withdrawal may enter his land at
minimum price before adverse right of another settler has inter-
vened,
Land claimed and improved by, cannot be selected by a California
University agent, he having been instructed not to make such a
selection,.

Homestead entry should stand when prior, fails to make proof and
payment within legal period,

A State selection of land already withdrawn by an unadjusted con-
firmed grant does not act as a withdrawal because it was already
withdrawn. On release of reservation a, is recognized,
Where in a contest it is shown that the, went into and continued
in possession as tenant of a wood company the land will pass
under an opposing State selections,

287

295

321

321

325

328

Claimant under a State selection of unsurveyed land as indemnity
for loss of school land is required to prove up within time al-
lowed,

467

Must make settlement prior to survey in the field to give valid
right to school sections,

483

Is allowed to use Agricultural College Scrip without limit to quan-
tity located in any one township or State in payment of claims, 486
PRE-EMPTION PROOF.

How to be made,

Of actual residence and cultivation to be made within one
from making declaratory statement,

Manner of making, and payment for unsurveyed tracts entered,
PRE-EMPTION RIGHT.

When selections on unsurveyed lands give,

181

year

181

181

450

PREFERENCE RIGHT.

Coal lands may be disposed of, by granting a, of purchase,
PRESENTATION.

Of Railroad, certificate of, to map of location and completed road
under railroad grant,

Of a town site company is not authorized to file in behalf of inhabi-
tants,

PRICE. (See Payment.)

Of coal land per acre,

Maximum, to be paid on coal lands in vicinity of completed rail-
roads,

PRIVATE ENTRY.

Title to public lands, how acquired at,
What lands are liable to disposal at,

By cash purchases at, how made,

By locations with warrants at, how made,
By locating with agricultural college scrip,

346, 345

696

667-68

668

179

179

180

180

180

PRIVATE ENTRY, Continued.

Form of declaratory statement in cases where land claimed is not
subject to,

Form of declaratory statement in cases where the land claimed is
subject to,

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

PAGE.

194

194

212

213

214

Odd sections never having been offered, are not subject to,
Lands withdrawn for a railroad and not restored, are not subject to, 213
Payment for lands at, must be made in cash and not by check,
Of land once reserved cannot be allowed until land is offered at
public sale,

216

Lands covered by unexpired homestead filings when in market
are subject to,

272

After notice of restoration to, and before date of restoration, no
settlement act subsequent to such notice can give a preference
right,

S. H. B. scrip is locatable on unoccupied land subject to,
Agricultural College Scrip may be located upon lands subject to, at
$1.25 per acre,

Not more than three sections in one township can be entered at,
by location of Agricultural College Scrip,
Coal lands may be sold at,

307

373

486

486

667

Disposition of coal land at, is subject to any valid prior adverse right, 670
Military Bounty Land Warrants may be located on any vacant

land subject to,

731

Land covered by an erroneous entry on the books of the local land
office is not subject to; now it may be made subject to,
PRIVATE GRANT.

803

Land embraced in an unadjusted, is "reserved" within the mean-
ing of the term,

421

Land within an unadjusted, afterwards excluded from the pat-
ented claim pass to a railroad located pending such adjustment, 430
PRIVATE LAND CLAIMS.

No school selection to be made in a township falling wholly
within a,
School selections may be made in townships covered wholly or in
part by,

In ascertaining full amount of school land the, will be considered
with the area of public lands,

439

450

451

451

Purchased from Mexican Grantees, which have been rejected, &c.,
may be purchased from United States on certain conditions,
Spanish and Mexican, to be surveyed upon application being made
to Surveyor General within proper time,

Certain, derived from Spanish or Mexican authorities were finally
confirmed by passage of act of July 23, 1866,

Patents for, issue to the confirmee or his legal representatives
which term includes heirs, devisees and assignees,

Instructions under act of June 22, 1860, dated October 25, 1860,
relative to Southern,

Instructions under act of June 10, 1872, dated July 18, 1872,
Certificates of location can only be issued for the part of confirmed
and located, as is in conflict with a prior confirmation,
The location of, must be by a U. S. surveyor,
Proof in surveys of, in California

452

452

494

523

525

527

527

528

529

Quantity of land of, within exterior boundaries must be located in
compact form or in two compact parcels to give what was in-
tended in the grant,

529

532

Specific boundaries of California, designated in the final decree
must be followed,

Final decree confirming, is conclusive both as to title and extent,
Decree confirming, in a State where common law prevails must be
construed by the ordinary rules of common law applicable
thereto,

PRIVATE LAND CLAIMS, Continued.

Juridical possession of, in California is a segregation from the pub-
lic lands and is equivalent to a judicial determination of the
boundaries,
Natural objects govern courses and distances in Spanish Grants in
California,

Survey of, is final when made prior and approved subsequent to
the act of June 14, 1860, and published in accordance therewith,
Date of approval of survey of, may be taken as date of survey,
The surveyor-general may approve a survey of, by published no-
tice to that effect,
Publication of survey of, under act of 1860 must be in Los Angeles
and some other place, though L. A. be nearest the land, .
Case where two patents were issued for a,

Only the clearest and most positive evidence can set aside the

record in.

Publication of survey of, under act of 1860 should commence in sec-
ond paper before expiration of notice in first paper,

The successor to surveyor-general who approved the survey of, can-
not change the plat; he can only publish it,.

A claimant who failed to present his claim to the Board is not en-
titled to a patent,

Cases of Ranchos Sausal Redondo and Niguel where the decree of
court and decision of the Board differ as the quantity confirmed,
The secretary has the right to affirm or rescind the order for a new
survey of, made by his predecessor,

PAGE.

532

532

547

548

548

548

550

559

559

563

564

565

The conveyances may be examined by the General Land-Office
to see who shall select the land awarded under a,
The older grant and confirmation of two equitable, should take
the land in conflict,

567

567

Sales under, are to be treated as selections where grant is for quan-
tity within larger limits,

568

568

When first selection under, may be abandoned,

Survey of, in California made under act of March 3, 1851, and ap-
proved by the surveyor-general prior to act of June 14, 1860,
could not be legally published under said act but under act of
July 1, 1864,

Location of, where boundaries are described in the final decree in
case it contains more or less than the quantity confirmed,
Surveyor-general of New Mexico has power to examine, in the
Gadsden purchase,

577

577

601

606

sur-

607

The Beaubien decision does not apply to an application for a sur-
vey of, where there had been a survey in 1860 which was not
acted upon until after repealing act of 1871,

Patents should be issued for all, confirmed by Congress and
veyed and plats filed in the General Land-Office,
Patent cannot issue for, on a plat materially differing from the field
notes and the commissioner cannot change the sworn returns of
a deputy surveyor to make them conform,

Until title is actually vested in a claimant Congress has full power
over, derived from the Mexican government,
Are excluded from operation of town site laws,

PRIVATE LAND SCRIP. (See Certificates of Location.)

May be located in the name of the assignee, but such location can-
not be patented-How title is evidenced,
Instructions as to issue and location of,

611

612

. 680

When to be made by pre-emption settlers on unsurveyed land,
Proper, must be made before register and receiver to insure the
basis for patent for homestead,

Final, when and how to be made by homestead party,