ary 8, 1887, are in the form of a commission, and determined in amount by the price and area of the land, and it therefore follows that such fees can not be fixed and allowed until after survey of the allotted tracts; but it is not essential to the allowance of such fees that the allotments should have been finally approved. 22-35

71. The practice respecting commissions to be paid the register and receiver in the administration of the acts of March 2, 1889, and August 15, 1894, relating to the disposition of lands in the late Sioux Indian Reservation, in case of the commutation of an entry, adhered to. 31-250 72. For writing done in making proof on mineral application. 1-517, 518 73. Allowed for acting on mineral application. 1-517

74. Upon the acceptance of an adverse mining claim by the local officers they become chargeable with the fees required by law to be paid. 29-413

75. None chargeable on the rejection of adverse mining claim. 13-720

76. For notice of cancellation to be paid to the receiver. 5-569, 579 77. Registers may not retain the fee of $1 authorized to be collected for notice of cancellation of an entry unless such notice has been actually given.

2-660

83. There is no preliminary fee of $1 to be paid at initiation of contest; the fees allowed are provided for in rules 54 to 65. 2-661

84. Tender of all, required by the local office at the time of application to enter sufficient to save the rights of the applicant. 16-514

85. An actual tender of, not required of an applicant who applies to enter in the presence of a prior adverse entry. 18-75

86. Fees and commissions deposited with application to enter, prior to cancellation of existing entry, give no right to the land. 2-49

87. The Land Department does not summon witnesses nor exercise any control over the question of fees to them. 2-223

88. District officers can not employ clerks at the expense of the Government for the purpose of reducing testimony to writing. 3-105

89. Local officers not entitled to, when testimony in contest is taken elsewhere.

1-519

90. A per diem fee for hearing cases or taking testimony must not be charged by local officers. 3-105

91. In proceedings by the Government against an entry a witness who is summoned by the claimant and testifies in his behalf is not entitled to any fees from the United States. 10-385

92. For reducing testimony to writing and clerical services in contest. 5-245, 569, 579

93. The whole charge for taking down and writing out testimony is limited to one charge of 15 cents for each 100 words.

3-108

94. There is no authority for allowing the local officers a 1 per cent commission in excess of the maximum compensation for their services in conducting the sale of town lots under the act of September 1, 1888. 15-432

95. An unearned cancellation should not be delivered to anyone except the depositor in the absence of due authority to receive the same and receipt therefor.

29-245

96. Registers and receivers are not entitled to fees and commissions in connection with the filing of applications for the right to use water from irrigation works

5. A preemption filing, which is a declaration of one's intention to claim a tract of land, confers a mere preferred right against third persons, but none against the United States; land covered by it is public land and is open to settlement or entry, subject only to the preferred right of preemption. 2-581 6. Of a preemptor determines the amount of land covered by his claim, and a mere allegation that other land was embraced therein will not be accepted as against the record. 4-401; 6-249; 12-471

7. And settlement confer no vested right in the land under the preemption law.

16-526

11. Prima facie valid, raises a presumption as to the fact of the claim and its validity. 1-379; 4-402; 10-645 12. Submission of final proof and payment for a portion of the land embraced within a preemption is an abandonment of the remainder and relieves such tract from the operation of the filing. 1-485;

7-206, 261; 16-251; 26-379 13. Circular regulations with respect to "expired” filings under the preemption law. 3-576 14. An "expired preemption filing" is no bar to the disposition of public land.

3-317

15. That has expired without proof and payment gives rise to the presumption that the claim has been abandoned.

10-645; 11-138; 12-384

16. Rights under a preemption are forfeited by long-continued failure to assert the same in the manner provided by law. 26-252

17. On the expiration of, without proof and payment the presumption arises that all rights thereunder are abandoned, but such presumption is not conclusive.

13-22, 617

18. For unoffered land under the act of 1843 protected the settler until the commencement of public sale, and this protection was not modified until the passage of the acts of July 14, 1870, and March 3, 1871. 1-379; 5-530, 553; 7-13; 11-195

19. Life of, extended one year in certain States by act of May 9, 1872. 17-537 20. Statutory limitation as to life of, on unoffered land. 14-656

21. By the express terms of section 14, act of September 4, 1841, failure to make final proof and payment under a preemption, for unoffered land prior to the day fixed for the sale thereof operates to extinguish all rights under said. 26-680 22. Life of, extends till six months after close of military service where ac

tually called away from the land by such duty. 14-364 23. Time of, after settlement not material in the absence of adverse claim.

13-576

24. Failure to file declaratory statement will not defeat right of purchase in the absence of adverse claim. 5-632

25. Failure to file a declaratory statement will not defeat settlement rights as against the Government. 7-131

28. Is not a condition precedent to the right of preemption, but a protection against subsequent settlers. 4-514; 8-433 27. Failure to make, within statutory period defeats the right of purchase in the presence of an intervening adverse claim. 2-578; 3-455;

6-391; 10-485; 12-519; 13-209 28. Right of preemption by one who has failed to file in time not defeated by the intervening homestead entry of another who has not complied with the law. 5-188 29. As between two settlers who are both in default as to, the one who first gives notice of his claim is entitled to priority. 15-381

30. Failure to file in time does not defeat the claim in the absence of another settler who has complied with the law. 1-357, 380, 497; 5-188

31. The words "next settler" in section 2265, R. S., are not necessarily confined to a preemptor.

1-380

32. Purchaser at private entry held not a "settler" that can take advantage of default in. 8-346

33. Default in, for unoffered land forfeits the claim only in favor of the "next settler" who has complied with the law.

8-316

34. Default in, for offered land does not defeat the right of purchase if cured prior to the intervention of an adverse right.

10-387

35. The preferred right of purchase secured by a preemption, on "offered" land, terminates with the expiration of the statutory period for the submission of final proof and making payment, and, if within that period such filing is not carried to entry, it is not after such time even an apparent record claim to the land. 28-75

36. Failure to make, does not warrant the presumption that the settlement was not lawful. 5-653

37. Though made after the legal period, is valid, if before the intervention of an adverse claim. 1-142

38. Where the claimants are equally in laches as to filing, the land is awarded to the prior record and settlement. 1-438; 3-347

39. And settlement confer an inchoate 9-41 right under the preemption law. 40. To be valid, must be founded upon a prior actual settlement. 1-432,

439; 2-621; 5-188, 289

41. Without settlement voidable. 6-792 42. Filing before settlement cured by settlement prior to the inception of an adverse right. 3-374, 499; 4-424,

451; 11-208; 13-480; 17-200, 501 43. One who has failed to file in time can not postdate his settlement in order to defeat the intervening claim of another. 12-519

44. A preemptor is not estopped from proving that his settlement was in fact made at a different and earlier date than that alleged in his declaratory statement.

1-444; 3-102, 380; 11-143; 12-299; 14-431

45. Held to precede settlement where the declaratory statement is made out and mailed prior to performing any act of settlement. 8-331

46. A filing based upon settlement made in trespass is a nullity. 3-188

47. Of one who has exhausted his preemptive right is invalid. 4-560; 5-16

48. But one, allowed a preemptor for lands open to settlement and entry. 5-16;

6-298, 617, 785, 792; 7-395; 8-258 49. Though illegal, exhausts the preemptive right. 6-298 50. Made through the consent and procurement of the preemptor exhausts the preemptive right and renders a subsequent filing illegal. 12-110

51. The right to file, exhausted by filing made through agent.

3-391 52. Made without the authority or knowledge of the preemptor does not exhaust the preemptive right. 2-620; 7-503; 9-129

53. A declaratory statement filed with the receiver during the temporary ab

59. Made during infancy is invalid, but the attainment of majority prior to the inception of an adverse right cures the invalidity. 6-602; 17-207

60. Failure of both the settler and his executor to make, until after the discharge of the latter precludes the assertion of a preemption claim. 6-671

61. On land embraced within the existing entry of another confers no right as against the prior entryman. 12-600

62. Should not be allowed, on allegation of prior-settlement right, for land covered by the entry of another without a hearing to determine priorities. 5-526; 6-98, 330; 7-140; 8-528, 623; 11-452; 12-684 63. May be allowed subject to the preference right of a contestant. (See 15-424.) 7-46

64. Where the right to make, is accorded as against a prior homestead entry such action does not require cancellation of the entry, as it may stand subject to the right of the preemptor. 13-593

65. For land included within a former indemnity withdrawal and covered by a pending selection should not be allowed without due notice to the railroad company.

10-454

66. For land included within a prior indemnity selection should not be re

corded until final disposition of the selection. 9-250

67. Allowed for land embraced within a railroad indemnity selection, pending on appeal, should be suspended until final disposition of the selection. 12-18; 14-418 68. On land withdrawn for railroad purposes confers no right under the preemption law. 13-214, 432 69. Three months after the restoration of land allowed for, in case of settlement on land reserved for railroad purposes.

14-230

70. Canceled for conflict with a reservation made for reservoir purposes may be reinstated on revocation of the withdrawal. 13-92 71. For land subsequently withdrawn for reservoir purposes under the act of October 2, 1888, may be suspended until it can be determined whether said land will be actually required for the purpose for which it was withdrawn. 12-438

72. A preemption, made subject to a withdrawal under the arid-land act of October 2, 1888, that is awaiting action by Congress, may be suspended until such action is taken. 23-483

73. Can not be received for land covered by an order for survey and offering as an isolated tract. 12-397; 14-458

74. Under the preemption law can not be allowed to embrace land within an Indian reservation. 12-563

75. Will be canceled where claim under is unsuccessfully set up to defeat the final proof of another. 5-260

76. Treated as taking effect on land when open to settlement, though not subject thereto when filed. 6-153

77. Preemptor may file for 160 acres, though claiming less at settlement, if contiguous tract is vacant. 1-405

78. May be valid as to one part and invalid as to another part of the land covered by it; as where A surrendered possession of the west half of a quarter, and B. who filed for the whole of it, took possESsion of the west half alone. 2-635

79. Made in the interest of another is illegal and must be canceled. 3-488; 11-548; 12-303

80. Failure of the local office to properly note of record will not defeat the rights of the preemptor. 15-31

III. Second.

96. Second, allowed only after careful scrutiny. 3-161

97. Second, not allowed in the absence of good faith. 4-387

98. Second, allowed for the same tract in the absence of adverse claim. (Overruled, 2-854.) 1-436, 439

99. Second, for same tract, with settlement alleged after sale of homestead from which the preemptor had removed, not allowed. 6-767 100. Second, for same tract not allowed. 5-413

101. Second, not permissible though the first may have been allowed prior to the adoption of the Revised Statutes. 4-189; 7-395; 10-188, 336 102. Second, prohibited though the first was on unoffered land. 6-20

103. Second, not allowed under section 6, act of March 3, 1853, except where the first was made before the passage of that act. 6-20

104. Second, allowed where first was on unoffered land, made prior to June 22, 1874, and canceled on relinquishment. (See 4-189.)

1-442

105. Section 2261, R. S., is a reproduction of former law with respect to second filings. 4-189

106. Second, prohibited by section 2261, not only on lands subject to private entry, but on all lands subject to preemption.

6-617

107. Right to make second, recognized if through no fault of the preemptor consummation of title was not practicable under the first. 4-9; 9-41; 10-338; 13-177

108. Second, may be allowed where, through no fault of the preemptor, the first fails by reason of conflict with prior adverse claim. 5-643;

6-168, 298, 611; 7-323

109. Second, will only be allowed where the claimant, by reason of a prior or adverse right, is unable to perfect title under the first. 11-121

110. Second, allowed where the first was illegal. 1-439; 4-116 111. Second, not allowed where the first failed through the fault of the preemptor. 4-114; 7-30, 289, 316