35. Entryman must show under oath that entry is made in good faith in his own interest and not in the interest, directly or indirectly, in whole or in part, of any other person or persons. 35-236 36. In those States in which no right or title in the wife's property vests in the husband by virtue of the marital relation, she may, if otherwise duly qualified, purchase coal land in her own and exclusive interest; but the Land Department will require specific proof that she does not really purchase in the interest of her husband. 35-235 37. Must be entered by legal subdivisions. 3-65 38. If it is shown that a legal subdivision entered as, is not in fact of such character, the entry should be canceled as to such tract. 15-588 39. Entry attacked by subsequent homestead claimant may be canceled as to the legal subdivisions in conflict that are not valuable for coal. 15-361 44. A prior possessory right, set up to defeat a private entry of coal land, must rest upon actual and bona fide occupation. 9-15 45. An applicant for the right to make entry is not disqualified by his having been previously the owner and intermediate assignor of a preference right to enter other coal lands. 18-414 46. The right of a claimant to make entry is not affected by his sale of an option to purchase an assignment of such right where the option expires with no advantage taken thereof. 19-615 47. A private entry may not be allowed to embrace one tract taken in the capacity of an assignee and another under the individual right of the purchaser. 17-22 48. An entry embracing land not included in the declaratory statement, but necessary to the working of the mine and not in excess of the legal acreage, may be allowed to stand where good faith on the part of the entryman is manifest. 17-268 49. Where one files and assigns to a company, the company may enter as assignee. 2-728 50. Entry voidable for illegality may be passed to patent for the benefit of a transferee in view of the price paid for the land and the fact that repayment can not be allowed. 8-140 51. Where patent has been issued, through mistake of the entryman, for land not intended to be entered, the mistake may be corrected for the benefit of a transferee in good faith of the land actually improved and developed as a mining claim, and intended to be entered. 28-307 52. On application for reissue of patent, after amendment of entry to describe the land actually improved and developed, an intervening entry by one having full knowledge of the prior adverse occupation and possession of the applicant, is no bar to the favorable consideration of the application for amendment. 28-307 53. Cash entry of, may be amended after patent, when the mistake was caused by indistinct marks at section corners. 8-303 54. An entry made by an association under the proviso to section 2348, R. S., 55. A declaratory statement can not be filed for unsurveyed land. 20-556 56. The prohibition in the statute that but one entry shall be made by the same person does not relate to the declaratory filing, as is the case in the preemption laws. 7-181 57. A second declaratory statement can not be filed in the absence of a valid reason for failure to perfect title under the first. 10-539; 11-32, 351; 15-310 58. Second filing for same tract not allowed to one who has failed to make proof and payment within the statutory period. 10-508 59. Second declaratory statement authorized as of the date made, though filed without authority therefor. 7-181 60. Declaratory statements may be filed on sections 16 and 36, with opportunity to the State (Colorado) to be heard. 7-490 61. Declaratory statement should not be received while the land is covered by the existing homestead entry of another. 11-515 62. A declaratory statement offered during the pendency of a previous application to file, made for the benefit of the same party, though in the name of another, confers no right as against an intervening adverse claim. 11-32 63. Entry based on a second filing may be permitted to stand, where the first filing was abandoned on account of the worthless character of the claim. 29-328 64. An entry allowed on defective declaratory statement and irregular proof may be equitably confirmed, in the absence of any adverse claim, where a proper declaratory statement is subsequently filed and the requisite additional proof furnished. 19-18 68. The law requires that no member of a company shall be interested in other land claimed or owned under the coal law at date of the entry. 2-729 69. An application by an agent of an association to file a declaratory statement must be made in the manner provided by the departmental regulations, and show what improvements have been made, and the qualifications of the persons composing the association. 17-411 70. An application to purchase can not be allowed if made in the interest of another who has exhausted his right. 14-633 71. Final proof will not be accepted on a declaratory statement filed in the interest of another. 15-310 72. No vested rights are secured through filing a declaratory statement; and a sale of the land thereafter by the claimant, prior to final proof and entry, defeats his right to purchase said land, and an entry thereof made in his name must be canceled. 17-351 73. A possessory claim must be maintained and asserted in good faith, and for the use and benefit of the claimant only, to entitle him to be heard in his own right as against the application of another. 20-422 74. The possession of a claim by an agent is the possession of his principal, and all acts of said agent toward perfecting title will inure to the benefit of the principal. 26-107 75. Where a claimant prior to survey locates a claim for himself, and an adjacent claim for another, as agent, and it transpires after survey that the improvements made on behalf of the latter claim are within the lines of the former, such improvements inure to the benefit of said claim, so far as third parties are concerned, and the claimant is not required to open and improve a mine on the land he claimed before survey. 22-11 76. On the relinquishment of a declaratory statement the improvements made thereunder inure to the benefit of a valid adverse claim then asserted for the tract involved.. 22-539 77. In determining the "continued good faith" of the applicant his degree and con13-414 dition in life may be considered. 78. The purchaser of the improvements made by a prior claimant under a coal declaratory statement acquires no priority of right thereby, if an assignment of the right to purchase from the Government has not been made as provided in paragraph 37 of the regulations of July 31, 1882. 22-538 79. One who purchases the possessory right to a developed vein of coal while the title to the land is still in the United States, and thereafter remains in actual possession thereof, is entitled to file a declaratory statement and perfect title thereunder. 22-306 SO. A filing appropriates the land and bars subsequent applications. 2-728 81. Failure to file declaratory statement within 60 days after date of actual possession, and make payment within one year from the expiration of the time for filing, renders the land subject to the entry of another who has complied with the law. 10-160 82. The time within which a claim must be perfected by purchase, where the filing when first offered is properly rejected on account of a defective township plat, and is thereafter allowed on correction of said plat, should be computed from the date the corrected plat is filed and the land opened to disposal. 26-107 tion of the time allowed for filing a declaratory statement therefor. 20-422 85. Failure to make proof and payment within the statutory period does not forfeit the right of purchase, in the absence of an adverse right. 10-508 86. Failure to perfect entry within the statutory period defeats the right of purchase, in the presence of an intervening adverse claim. 19-522 87. On the failure of a coal claimant to perfect title within the statutory period, the work done by him inures to the benefit of a valid adverse claim then asserted for the land involved. 23-243 88. On failure to make proof and payment within the statutory period the filing should be canceled if, after due notice, the claimant does not comply with the law. 10-508 89. Prior possession, without filing, will not avail as against an adverse claimant who has complied with the law. 4-96 90. Priority of possession and improvement, followed by filing and development of the mine, entitle the claimant to the preference right of purchase. 11-515 91. As between two claimants, both claiming the land on account of the coal therein, priority of application and good faith in improvements should govern the award. 21-197, 493 92. Cleaning out old coal prospects, at an expense of $10, does not constitute the opening and improving of a mine within the meaning of section 2348, Revised Statutes; and no such right is thereby acquired as will except the land from withdrawal by the Government. 36-360 93. The mere penetration of a bed of coal by means of a drill so small that the work can not be utilized in the mining of coal, is not in itself the opening and improving of a mine within contemplation of the statute, and a preference right of entry is not thereby acquired. 37-723 94. The preference right under section 2348, Revised Statutes, requires actual possession at date of application and improvement sufficient to indicate good faith. 11-32 95. The preference right is dependent upon the opening and improving of a coal mine on public land that is in the actual possession of the applicant. 23-110 96. A preference right arises where any person or persons, severally qualified to enter, have opened and improved any coal mine or mines upon the public lands, and are in actual possession of the same; and accrues only to the person or persons who have so opened and improved such mine or mines, and have the possession thereof. 34-178 97. A preference right under section 2348 is not created, or initiated, by filing a declaratory statement under section 2349. The office of the declaratory statement is to preserve the right, not to create it. If the right does not exist, the declaratory statement has no office to perform and is without force or effect for any purpose. 34-178 98. It is not in all cases essential to the validity of an application, or to the completion of proceedings thereunder, that the applicant show that he had actually opened and improved a mine on the lands. This is necessary only where the applicant asserts a preference right and must maintain his assertion or suffer defeat in favor of another applicant or claimant. 34-178 • 99. Sections 2348 and 2349, Revised Statutes, do not require that a coal claimant must have opened a mine on the land at the time of filing a declaratory statement. 22-539 100. Where an association of four persons has expended not less than $5,000 in working and improving a mine or mines of coal on the public lands such association, in the absence of any prior or superior claim, may enter not exceeding 640 acres, including such improvements, even though no declaratory statement may have been filed for the lands. 34-447 101. It is not essential to the validity of an application by an association of four persons to purchase 600 (or 640) acres that the applicants shall have opened and improved a mine on each tract. It is sufficient, where there are no conflicting claimants, that the applicants show that they are severally qualified to purchase, that the lands are subject to sale under the coal-land laws, and that as an association the applicants have expended not less than $5,000 in working and improving a mine or mines on the lands. 34-267 102. A preference right arises when a mine upon the public lands is opened and improved by a qualified person in actual possession; and from the time such mine is opened and improvements are commenced, possession concurring, the 60 days within which the preference right may be exercised, or prolonged by filing a declaratory statement, begins to run. (See 36-319.) 36-126 103. Unless the declaratory statement is filed within 60 days, in accordance with the statute, in which respect its provisions are mandatory, the preference right lapses and leaves nothing to be secured by a declaratory statement thereafter filed, notwithstanding no rights in others have intervened. (See 36-319.) 36-126 104. In the absence of an intercepting purchase by or preference right in another, or the withdrawal of the land from entry, after the lapse of the delinquent claimant's preference right, he may yet purchase, unless disqualified on some other ground, as any other qualified applicant might do. (See 36-319.) 36-126 105. The law contemplates a total period of substantially 14 months during which a claimant, in the actual possession of a tract, who has opened and improved a mine thereon, has a preferred right to purchase, for the first 60 days, absolutely, for the remaining one-year period, conditioned upon the filing of a declaratory statement. 36-319 106. Notwithstanding a preference right, claimant's failure to file his declaratory statement in time, in the absence of an intervening adverse right in, or disposition of, the land, the subsequent presentation of the declaratory statement, within the ensuing year, will thereupon afford him the same security, but not beyond the period he would have enjoyed had he filed it in time. 36-319 106a. The office of the declaratory statement is not to create, but to preserve, a preference right theretofore acquired by opening and improving a mine; and if the right does not exist, the declaratory statement has no office to perform and is without force or effect for any purpose. 37-723 107. The object and purpose of a declaratory statement under section 2349, R. S., are to give notice of, and to preserve for the period specified in section 2350, a preference right of entry already acquired under section 2348; and such preference right is not created or initiated by the filing of a declaratory statement. 34-448 108. If the privilege of postponing entry in the manner provided by sections 2349 and 2350, after a preference right shall have been acquired under section 2348, be not desired by claimant, the filing of a declaratory statement before application or entry is not necessary; and in such case, even if claimant should fail to make application to enter and to pay for the lands within the 60 days allowed for filing a declaratory statement, neither the failure in this respect nor failure to file a declaratory statement would operate to forfeit the right to purchase and enter the lands except in favor of some other qualified applicant. 34-448 109. The declaratory statement and affidavit must be made by the applicant himself; subsequently certain proofs and acts may be made by an agent; where the declaration was improperly made by an agent, in the absence of adverse filing or conflict it may be made nunc pro tunc. 124. Instructions of September 7, 1909, governing nonmineral applications for lands classified as coal. 38-181 125. Where withdrawn coal lands are, after classification and appraisal, restored by Executive order to coal filing and entry, no application, filing, or entry will be received therefor until notice of the order of restoration, with the accompanying classification and appraisals, is received at the local office. 40-415 126. No complete equitable interest or title vests in a State by the approval of a segregation list under the Carey Act; and if subsequent to such approval and prior to final approval of the patent list lands in the segregation list are classified as coal, the department is without authority, so long as such classification stands, to approve or patent such lands to the State, except in accordance with the act of March 3, 1909. 38-508 127. The provision in section 2347, R. S., that coal lands should be sold at "not less than" $10 per acre for lands situated more than 15 miles from a completed railroad, and $20 per acre for lands situated within 15 miles of such road, fixes a minimum price at which such lands may be sold, but leaves the Interior Department to prescribe, by regulations authorized by sec |