PROOF, Continued.

Of settlement and cultivation for certain period required before
homestead party can purchase his claim,

To consist of the affidavit of party, corroborated by testimony of
two credible witnesses, .

In making final, it is not required that homestead party applying to
enter additional farm should prove actual residence on the
tract,

PAGE.

185

.

185

185

per-

185

If such proof be not made the party must show that he has
fected his right to his original farm, &c.,
Upon proper, being made, homestead party under soldiers' and
sailors' homestead provisions may make immediate entry of the
tract desired,

Provision in case party has not made, on his original homestead
entry when he applies to make additional entry under soldiers'
and sailors' homestead law,

Parties applying to make additional entries under soldiers and sail-
ors' homestead provisions, not having made proof on original
homestead are required to pay final commissions on both,
Required of parties claiming under soldiers' and sailors' homestead
provisions, in addition to prescribed affidavit,

Upon proper, that settler under timber culture laws has not done
the breaking and planting within the required time, his entry
will be cancelled,

Upon due, by two credible witnesses that homestead settler has cul-
tivated one acre of timber for each sixteen acres of his homestead
for the term of two years he may at certain time receive patent
for homestead,

186

186

187

187

190

190

191

Homestead parties claiming patents under 4th section of timber
culture act must offer, according to Form No. 24,
Upon satisfactory, that the register or receiver, or any other officer,
has charged or received fees, or other rewards, not authorized by
law, he shall be removed from office,
Form of, required under homestead laws and timber culture act of
March 13, 1874,

193

201-2

Of reclamation of all the section of land for which declaration was
filed; what to consist of under act providing for sale of desert
land in Lassen county, Cal.,

217

or reloca-

217

217

Party making satisfactory, to be allowed to make entry
tion of land reclaimed at $1.25 per acre,
Such, to be forwarded to General Land Office,

That claimant has alienated a part of his tract is inadmissible
under charge of abandonment, under 5th section homestead act, 258
Provision in case it is not practicable for grasshopper sufferers to
make, of settlement and cultivation and posting of notices by
same witnesses, .

Touching residence and cultivation, when to be applied to second
entries under soldiers' and sailors' homestead provisions,
Of death or marriage of mother must be furnished by minor orphan
children claiming benefits of soldiers' and sailors' homestead
act,

Of parties whose entries have been cancelled under soldiers' and
sailors' homestead act, if found satisfactory will entitle them to
patents,

261

264

265

265

In case first tract has been disposed of, will apply to second claim, 265
What to consist of, in case of settlers who made entries under
prior acts to entitle them to benefits of soldiers' and sailors'
homestead act,

275

Of settlement and improvement relates entirely to original home-
stead tract, &c.,

279

Of abandonment and entry to be made by Indians, what to

Of military or naval service, what to consist of in cases of addi-
tional homestead entries,

279

consist

284

of,

PROOF, Continued.

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

Upon satisfactory, &c., being made before register and receiver
the purchasers of lands from Mexican grantees, whose claims
have been rejected, &c., will be allowed to purchase from the
U. S.,

PAGE.

321

451

In cases of joint entry under act of 1866, must be made individually, 452
Regulations in regard to, required for swamp indemnity under act
March 2, 1855,

In settlement claims in Louisiana,

Required under act of June 10, 1872, under circular of July 18, 1872,

of private land claims, .

479

Required under instructions of August 26, 1872, for certificates of
location for Louisiana private land claims,

514

517

525

528

532

647

706

709

In surveys of California private land claims,

May be adduced to show improper issuance of patent,

Timber-culture claimant to receive patent for quarter section upon

proper, of cultivation, &c.,

And payment; when to be made by settlers on Cherokee Strip,
Of bona fide settlers on certain Indian lands in Michigan,

Pre-emption, how prepared for transmission to the General Land-
Office, by local officers, .

PUBLICATION.

Where survey of California private claim was made prior and
approved subsequent to the act of June 14, 1860, and, was made
thereunder, the survey is final, no objections having made in the
District Court,

Of notice of approval by the Surveyor-General of California, of a
survey made under act of 1869, must be in Los Angeles and some
other place, though Los Angeles be nearest the land,
Of notice of approval of survey is as effective as endorsing appro-
val on the plat,

The place of, of a newspaper, printed in San Francisco, but dated
and distributed in Santa Barbara, is in Santa Barbara,
By the Surveyor-General that a certain survey had been approved
was a sufficient approval under act of 1860, though the plat bore
an approval subsequent to said publication, .

550

550

Act of 1860 required that four weeks should elapse between first
insertion of published notice and removal of plat, &c.,
Under act of 1860 should commence in second paper before expira-
tion in first paper,

The successor of the Surveyor-General who approved the survey
cannot change the plat; his duty is to make, thereof,
Of notice, when certified copies of lost or stoten Revolutionary
bounty-land scrip are wanted.

559

746

Only by regular, can land covered by an erroneous entry on the
books of the local office become subject to private entry, .

803

PUBLIC GRANTS.

Are bestowed only by special legislation,

473

PUBLIC OFFICER.

May, during his term of office, reside at the county seat without
losing his legal residence, and retain his pre-emption claim,
A, can bind his government by only official acts within the scope of
his authority,

412

590

PUBLIC SALE.

Title to public lands, how acquired at,

179

In pre-emption cases, where land has not been" offered" at, when
declaratory statement must be filed, &c.,

By purchase at, where "offered" at public auction, either pursuant
to proclamation by President or in accordance with directions
given by Gen. Land Office,

Land reserved is not subject to disposal, and no private entry can
be allowed until the same is offered at,

216

PUBLIC SURVEY.

When the lines of, would prove injurious to improvements, the
Com'r Gen. Land Office may recognize existing lines of subdivis-
ion under act of July 23, 1866,

Contested swamp selections should be described in conformity with
system of,

PUBLISHED NOTICE.

PAGE.

451

473

Required by circulars of Feb. 10, 1870, and March 22, 1870, under
acts of March 27, 1854, and June 2, 1862,

289-90

PUEBLO.

Patents for, lands should issue to the corporations or other bodies
entitled thereto, if survey has been properly approved,
PURCHASER.

547

Of homestead, sold for benefit of infant heirs, to receive title from
U. S.

184

In good faith and for a valuable consideration of a cash entry, after-
wards cancelled, is not accounted a trespasser,

319

Of selections under 1st, 2d, and 3d secs., act of July 23, 1866, under
state authority,

453

Act of July 23, 1866, was intended to secure to bona fide, the land ac-
tually in possession and used and improved by,
Right of purchase acquired by assignees under Mexican grants, is

alienable and descends to heirs.

Of a Mexican grant upon condition that if grant were rejected
money should be returned, not a bona fide,

.

Of Spanish title subsequent to final rejection of grant by Supreme
Court, is not within remedial provisions of act of July 23, 1866,
Of timber culture claim from original claimant acquires no title,
Who are preferred as, of coal lands,

Q.

QUARTERLY ACCOUNT. (See Receiver.)

QUARTERLY RETURNS.

Of register and receiver how made,

768

QUARTER-SECTION.

How agricultural college scrip is to be located in reference to, 180
Right of pre-emption for, along line of railroad, &c.,
Right of homestead entry restricted to 160 acres minimum 80

181

or

acres double minimum,.

182

Not more than one to be entered under timber culture laws,
Parts of two, separated by a meandered stream cannot be embraced
in one homestead entry,

189

228

Definition of,

309

Only a, at most can be taken under the pre-emption laws,.
Fee of one dollar each to local officers for each location of, for rail-
road or state corporations,

309

338

Cultivation and protection of certain amount of timber entitles a
party to patent for a,

646-47

Technical, certain class of timber culture entries confined to,
Timber-culture entry may be made of part of, where remainder is
disposed of, .

647

657

R.

RAILROAD. (See Railroad Grants.)

Right to pre-empt one quarter section along line of, &c.,
Rights of pre-emption settlers along line of, protected,

Pre-emptors who settled prior to withdrawal for a, may enter at
minimum price at any time before another settler initiates a
valid claim,.

Time of filing map in Interior Department is prima facie evidence
of date of definite location of,

The, that first locates its route is first entitled,

RAILROAD, Continued.

Decision of what constitutes definite location of,
Land withdrawn at date map of definite location of the Southern
Pacific railroad was filed do not pass to the,
Lands pass to Northern Pacific, which were embraced in cancelled
entries made after map of location filed but before line of road
located or lands withdrawn.

The right of the Northern Pacific, attaches under the Act of July 2,
1861, where the line is definitely fixed and a plat thereof filed in
the General Land Office,

The right of the St. Paul and Sioux City, attached to its indemnity
lands at date of definite location of its line, not at date of Gov-
ernor's certificate,

Lands remaining after certain Indians had made their selections,
at end of ten years, were reserved and did not pass to a,
located prior to expiration of said ten years,

What was decided by the Supreme Court in Schulenberg et al. v.
Harriman under Act of June 3, 1856, relative to,
Circular of June 30, 1875, showing requirements under Act of March
3, 1875, granting right of way to, companies through the public
lands,

Circular of Aug. 15, 1872 about land within limits of, abandoned
subsequent to location of the road not inuring thereto,
Land embraced in a pre-emption or homestead claim if fraudulent
in its inception or abandoned at date the grant took effect
passes to the, if an odd section, &c.,
Proceedings to contest homestead or pre-emption claims within,

PAGE.

373

375

377

381

384

385

387

388

389

389-405

limits,

Defraying expense of contests for land within, limits,
Under certain earlier, grants lands covered by homestead claims
subsequently canceled are not excepted from the grant,

389-405
390

390

A suit in equity in name of the United States may be brought to
avoid an improperly issued certificate,

Selections made by California on lands withdrawn for, is not a
good selection,

446

337

Fee of one dollar each to register and receiver for each location of
160 acres for, to be paid by the road or corporation,
Special provisos about surveying, selecting and conveying lands
under Pacific,

338

Mineral lands, except coal and iron, do not pass to,

339-340
340

Instructions under act of June 22, 1874 for relief of settlers within, 340
Forms for certificates and affidavits of selections and maps in con-
nection with,
346-345-344-343-342

Regulations respecting conflicting claims upon lands claimed under, 347
What have been made and dates thereof,
When rights under the several, attached,

350-356

358-363

Circular of June 1, 1875 relative to clear lists of selections under,
When rights to lands under, attach,

364

364

Rights under, of 1862 and 1864 attached at time road was run and
located on face of the earth,

366

Lands withdrawn at date map of the Southern Pacific railroad was
filed do not pass under the,

375

Certain entries on lands claimed by the Northern Pacific railroad,
made after map had been filed but before definite location and with-
drawal were cancelled as improperly made and land passed under, 377
The right of the Northern Pacific under the Act of July 2, 1864,
attaches under its, where the line is definitely fixed and a plat
thereof filed in the General Land Office,

381

Extent of, to Burlington & Missouri railroad,

382

Right of St. Paul and Sioux City railroad attached to its, under
the indemnity act when the line was definitely located and not
at the date of the Governor's certificate,

384

RAILROAD GRANT, Continued.

Under certain earlier, land embraced in cancelled homestead entries
within limits pass to the road,

Lands covered by homestead entries abandoned after a railroad
line was definitely fixed do not pass with the,
Lands covered by fraudulent homestead entries are not excepted
from a,

PAGE.

390

392

394

A homestead claim to exclude land from, must be subsisting at
date of definite location of road and capable of being perfected, 395
Land embraced in a homestead claim afterwards abandoned is
excepted from a, where the road was located during the six
months after the entry,

396

397

A homestead entry relinquished though not cancelled prior to
definite location does not except land from,

Circular of February 10, 1870, giving notice to settlers on lands
within,

403

Circular of June 17, 1875, under act of March 3, 1875, for relief of
settlers within,

Land embraced in a pre-emption claim acquired before definite lo-
cation of line of road does not pass under, even if the claimant
neglects to file within legal time,

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

Pre-emption claim on railroad land should be rejected if initiated
subsequent to road location unless affidavit is filed, showing that
the land does not inure to the,

To except land from, a D. S. need not be on file,

Land covered by an Indian reserve at date of location of a railroad
does not pass under,

Land claimed under, but finally excluded from, a private grant
passes under a, the line whereof was located pending adjustment
of grant,

Land improperly selected as swamp, but not so in reality, after be-
ing restored passes under a, where otherwise unappropriated,
Land is excepted from, whose line was fixed during the existence
of A. C. S. locations regularly made though afterwards improp-
erly cancelled,

406

409

416

419

419

424

430

436

436

When land embraced in a town site filing should not be withdrawn

from,

696

703

Is a float until location is made,.

RATIO.

Of area required to be broken, planted, &c., under 1st sec. of timber
culture act is restricted to one-fourth of land embraced in entry, 189
RECEIPT.

For fees, &c., paid by homestead applicant; by whom issued,
To be issued by receiver for certain commissions paid by home-
stead settler,

To be issued by reciver for certain fees and commissions paid by
party entering additional homestead under soldiers' and sailors'
act,

187

Form of receivers' homestead,

198

Form of, to be used under soldiers and sailors' homestead provisions,
same as now in use, with change of act,
Receivers' cash, and homestead, how prepared for transmission to
G. L. O.,

267

769

817

Filing of duplicate in, General Land-Office: duty of clerks,

RECEIVER. (See Register and Receiver.)

To issue receipt for fee, &c., paid by applicant under homestead
law upon compliance with certain provisions,

183

To issue receipt for certain commissions paid by homestead settler, 183

To issue receipt for certain fees and commissions paid by party en-
tering additional homestead under soldiers' and sailors' home-
stead provisions,

187