110. The act of March 3, 1877, reserves from preemption and homestead entry public lands within the limits of an incorporated town to the extent of the maximum quantity susceptible of entry by such town under the townsite laws. 28-62

111. Where the limits of an incorporated town embrace less than 2,560 acres, the maximum quantity susceptible of entry under the townsite laws, a part of which has been entered as a townsite and the remainder of which is vacant and unoccupied land contiguous to that theretofore entered, all of such public land is reserved from preemption and homestead entry. 28-62

112. An entry improperly allowed of land reserved for townsite purposes by the act of March 3, 1877, may be permitted to stand, where subsequently the town is disincorporated, and no adverse claim exists.

28-62

113. If at the date of the original entry the land is not occupied for purposes of "trade and business," the subsequent use of the land by others for such purposes will not defeat the right of the claimant. 10-205

114. For lands settled upon originally by the claimant and others as a townsite and actually occupied for trade and business is illegal and must be canceled.

9-532

115. Not prevented by abandoned townsite settlement. 5-180

116. A townsite claim set up to defeat a, will not reserve the land from appropriation when not occupied for townsite purposes at the inception of the homestead right, nor at any time subsequent thereto. 20-367

117. The occupancy of a small portion of a subdivision as a Mexican village settlement, will not except the tract from entry, if the land so occupied is not used for purposes of trade and business, and no claim thereto is asserted under the townsite laws.

20-346

118. The agreement of a homesteader to protect Mexican village settlers in their occupancy does not render the entry speculative, nor bring it within the statute which provides that entry shall not be made for the benefit of another, where it

is apparent that said occupancy is not at the instance of the entryman. 20-346

119. The occupancy of land by transient miners does not reserve it from entry where such occupancy is not for the purpose of trade and business, and such occupants take no legal steps to assert their rights under the townsite laws. 21-228

120. Lands "in the possession, occupation, and use of Indian inhabitants" are not "unappropriated public lands" within the meaning of section 2289, R. S., and are therefore not subject to entry under said section. 30-125

121. An additional townsite claim set up to defeat a, can not be recognized where it appears that there is no necessity for additional townsite territory, that the tract is not embraced within the limits of the townsite, and there is no actual settlement on the land for townsite purposes.

21-234

122. The right of townsite settlers to make entries of the respective subdivisions on which they are residing and have improvements, attaches simultaneously on the abandonment of the townsite, where the settlements were made at the same time and for the same purpose. 21-104 123. Rights acquired by settlement not defeated by subsequent townsite settlement. 11-330

124. The conditions existing at date of final entry determine whether land should be excluded from entry on account of its alleged mineral character. 7-570;

15-37, 290, 514

125. After the purchase of land under a commuted entry, and the issuance of a final certificate therefor, a discovery of coal on such land will not defeat the issuance of patent. 21-92

126. Before final certificate issues an entry is open to attack on the ground of the mineral character of the land without regard to the date of mineral discovery.

15-514

127. The submission of final proof will not preclude a hearing as to the subsequent discovery of mineral on the land involved where final certificate is not issued and the General Land Office requires new final proof. 15-290

128. Right not vitiated by the fact that the land entered contains a stone quarry and that the entryman was aware of such fact at date of application if good faith is otherwise apparent. 11-140

129. Entry of land that has no value except for the stone it contains, and made with speculative intent, must be canceled for want of good faith. 15-276

130. To exclude land from entry on account of the limestone thereon, it must appear that the land is more valuable for the stone than for agriculture. 23-353

131. Land more valuable on account of the sandstone therein than for agriculture is mineral in character and a homestead entry thereof is unauthorized.

the validity of his claim if he in good faith complies with the law. 35-519

140. Rights acquired through transmutation relate back to settlement and filing.

9-32

141. Entryman may bring action for trespass prior to final proof. 3-54

142. Terms of the law must be complied with though the entry may be of land requiring irrigation. 5-297

143. Entry having been allowed should not be canceled on ex parte allegation of prior adverse settlement right, but a hearing should be ordered to settle priorities.

5-526; 6-766; 8-528; 15-379 144. Not allowed where the evident purpose was to wrongfully secure the land and improvements of another. 4-158; 5-377; 22-266

145. Right of a person living on land under the mistaken belief that his title is complete, to enter said tract, on relinquishment of a record entry thereof, is superior to and will defeat an intervening adverse entry made with knowledge of the settler's claim. 25-135

146. To justify the allowance of an entry for land made valuable by the money and labor of a prior adverse settler, who is in default in the matter of filing application, it should clearly appear that the subsequent claimant is acting in good faith. 25-475

147. Want of good faith the applicant defeats the

on the part of right of.

13-562; 22-465

154. Entry does not authorize general disposition of timber. 4-289; 5-389 155. Entryman does not have the right to remove sand and gravel from unperfected entry for the purpose of sale; but trespass in that respect does not necessarily invalidate the entry. 40-467

156. Not maintained through the occupancy of a tenant. 3-362 157. Right not lost by failure to contest a prima facie valid adverse claim. 7-385 158. The right of a homesteader to perfect his entry is not defeated by the prior occupancy of a portion of the land by one not asserting any claim thereto under the settlement laws.

22-65

162. Entry must be canceled on death of entryman without heirs. 3-384 163. If the evidence shows that entryman died without having earned the land, and that there are no beneficiaries entitled to succeed to his interest, the entry should be canceled. 22-446; 25-453

164. Where a homesteader dies prior to the completion of his entry there is no authority for the perfection thereof for the benefit of creditors. 25-453

165. A settler who has complied with the law, but has not submitted proof and acquired a vested estate, has nevertheless an inchoate right of property in the land, which upon his death becomes an asset of his estate, subject to completion and appropriation in the manner provided by section 2291, R. S., and where not appropriated or converted under said section, it remains a part of the settler's estate, 75325°-VOL 1-13-14

166. Under the provision of the homestead law which confers upon the widow of a deceased entryman the right to complete the entry, the wife of an entryman sentenced to the penitentiary for life is entitled to perfect the entry in like manner as if the entryman were actually dead. 39-151

167. Claim secured through concessions made a conflicting settler. 5-119

168. The right to make entry of a tract within an unauthorized indemnity withdrawal is not defeated by a prior application of the entryman to purchase the land from the company. 21-402

169. Procedure in case of forest fires, under act of January 19, 1895; circular of February 2, 1895. 20-98

170. The words, "for the right of way of railroads," in section 2288, R. S., are not limited to the width of the track, but include such space as is necessary for sidetrack, stockyards, or other purposes incident to the proper business of a railroad.

28-561

171. Entries in Black Hills Forest Reserve; instructions of September 22, 1899, under the act of March 3, 1899. 29-190

172. The act of May 22, 1902, does not enlarge the scope of the act of March 2, 1889, so as to allow an additional entry under that act for a greater amount of land than therein specified, but gives a new and independent right to make a homestead entry, for not exceeding 160 acres, to such persons as would have been entitled to the benefit of the "free homestead act" had they not made final entry prior to the passage thereof. 32-135

173. The act of May 22, 1902, conferred a new and independent right of entry upon every person who, prior to the act of May 17, 1900, had perfected a homestead and acquired title by payment of the price provided in the law opening the land; and this right is in nowise affected by the fact that the perfected entry was for less than 160 acres and that an additional entry was subsequently made, under section 6, act of March 2, 1889, and not carried to completion until after the passage of said act of May 22, 1902. 32-505

174. The fact that an entryman pays cash for a portion of his entry as excess land does not constitute such excess a separate entry which may be regarded as having been entered under the private cash system. 33-274

175. Where a claimant, by contract to convey the land after the submission of final proof, puts it beyond his power to acquire title except by perjury, he thereby forfeits his rights, and upon proof of such fact the entry will be canceled. 34-46

176. A contract to sell the relinquishment of a homestead entry is not in violation of the oath required of a homestead applicant by section 2290, as amended by the act of March 3, 1891, and is no ground for cancellation of the entry if good faith at the time of making entry is apparent. 32-139

177. Where prior to final proof a resurvey is made, the entry should be amended to conform to such resurvey, and the fact that the local officers accepted final proof and issued final certificate without such amendment will not prevent the department requiring the entry to be amended to conform to the lines as established by the resurvey at any time prior to patent. 35-12

II. By Whom.

See IV, V, HEREOF; ENTRY, XI.

178. Right to initiate a claim is conferred upon one "who has filed his declaration of intention" to become a citizen. 8-289

179. An entry made by one not a citizen, and who has not declared his intention of becoming one, is not void, but voidable, and his subsequent declaration of intention, made prior to the intervention of an adverse claim, cures the defect. 22-124

180. Applicants alien born must accompany affidavits with record proof that they have declared their intention to become citizens. 2-194

181. Circular of May 13, 1904, under act of April 23, 1904, relating to void declarations of intention to become citizens. 32-619

182. An alien honorably discharged from the United States Army possesses

the requisite qualifications in the matter of citizenship to initiate a claim. 16-352

183. As a Mongolian is not eligible to citizenship, a native of Japan can not, by filing a declaration of intention, or by virtue of an inoperative decree of a court purporting to confer citizenship upon him, acquire the right to make entry. 36-277 184. To constitute one the head of a family it is not necessary that he should be under a legal obligation to support the family; it is sufficient if, acting from a sense of moral duty, one undertakes the support and maintenance of a family to which he owes such moral duty. 30-306 185. Can not be made by a married 2-112

woman. 186. Circular of June 27, 1900, under act of June 6, 1900, relating to entries by married women. 30-313

187. A married woman is not a qualified applicant for the right of homestead entry. 29-267, 297; 30-8

188. A charge that an entry woman was, by reason of marriage, disqualified to make entry, must fail where the alleged marriage was illegal and void ab initio.

28-52

189. A married woman can assert no right under the homestead law to a tract of land through a former husband who made no formal claim under said law.

18-304

190. Married woman, the head of a family, qualified to make. 10-527

191. A married woman, not the head of a family, is disqualified to make homestead entry. 29-381

192. A married woman, whose husband from disease and infirmity is permanently incapacitated to support the family, is qualified to make entry as the "head of a family." 19-85

193. A married woman who is not entitled to acquire a domicile of her own, separate and apart from that of her husband, is not qualified to exercise the homestead right. 25-129; 30-9 194. The entry of a single woman is not affected by her subsequent marriage. 5-196; 6-140; 7-470; 10-30; 13-548, 623; 20-185 195. Entry by single woman not impaired by subsequent marriage if she thereafter complies with the law; but

where the husband also has an entry the parties must elect which claim shall be perfected. 10-266; 11-207; 13-734; 15-377

196. A single woman who applies to make entry through an officer authorized to take the preliminary affidavit and marries prior to receipt of the application at the local office, is not qualified to enter. 13-601; 39-363

197. A single woman who has made entry forfeits her rights if she subsequently marries a man who is at such time also asserting a homestead claim on which he thereafter submits final proof. 21-430

198. The act of June 6, 1900, removed the disqualification resulting from marriage, but the right of a woman who had settled upon public land and thereafter married, to complete entry of such land under the homestead laws, is subject to all the requirements of those laws as to residence, and while said act was retroactive in the matter of removing the disqualification, it did not revive a claim initiated prior to its passage, by a single woman, and lost by reason of actual abandonment of the land.

30-525

199. Under the act of June 6, 1900, an unmarried woman who settles upon, improves and establishes and maintains residence upon a tract of public land, with the intention of obtaining title under the homestead law, and thereafter marries, is not by her marriage disqualified from making entry for said tract. 30-156

200. Mere acts of settlement, without residence, performed by a single woman who subsequently marries prior to allowance of entry upon her application for the land, do not bring her within the act of June 6, 1900, and she is not entitled to carry the entry to completion. 39-363

201. The rule that separate settlement claims can not be maintained by husband and wife at the same time on different tracts will not defeat equitable action on a homestead entry made by a single woman, who, prior to completion of her claim, marries a man having an unperfected homestead entry, if, at such tine, the period of residence under his claim authorized the submission of final proof thereon. 22-528 202. If a man and woman make entry of adjacent tracts and thereafter marry,

and maintain residence in a house built across the line dividing their claims, the residence of the wife must be held to have been abandoned from the date of her marriage; but, if the husband subsequently dies, the widow, without forfeiting her right to perfect her husband's claim, may resume residence on her own land, in the absence of any intervening adverse right, and perfect title thereto. 26-194

203. The right to receive patent in case of entry by a single woman is not abridged by her marriage or removal from the land after fulfilling the statutory period of residence.

6-140

204. Validity of entry made by a divorced woman may turn on the good faith of the divorce proceedings. 14-570

205. A husband and wife, while living together in such relation, can not each maintain an entry at the same time.

18-116

206. Where a woman, having an unperfected entry, marries a man having a similar claim, the parties should elect which of the claims they will maintain, as both can not be carried to patent. 18-116

207. By one in his own right who has already made final proof as the minor orphan child of a deceased soldier. 2-100 208. By a widow in her own right while continuing to cultivate the homestead of her deceased husband. 2-169

209. The right of a widow to make entry recognized though holding land covered by the entry of her husband on which final proof has not been made. 5-184

210. Right to perfect an entry in case of the entryman's death can only be asserted by the actual successor in interest.