46. That the amount claimed for services in executing a public survey is in excess of the amount of the estimated liability on the contract, or that the work is not performed within the time specified therein, does not invalidate the claim, though the rate of payment may be affected. 4-451 47. All liabilities for surveys are payable only out of the appropriation for the fiscal year during which the contract was signed, unaffected by any extension of time for the completion of the work, or the date of approval, so long as the work is completed during the life of the appropriation. 19-372 48. The unexpended balance of an appropriation for the survey of public lands can be used in paying for a survey completed during the fiscal year subsequent to that for which the appropriation was made, provided such payment be for the discharge of liabilities under a contract made during the year for which such appropriation was made, even if the work be completed after the expiration of the period specified therefor. 18-194 49. An unexpended balance of an appropriation, made specifically for the service of a particular fiscal year in the survey of abandoned military reservations, can not be used in payment of a liability under a contract awarded after the expiration of said year. 18-264 50. Failure of the General Land Office to submit for the Secretary's approval a contract with a deputy surveyor that properly provides for special rates will not prevent adjustment of his account under the contract where he has performed the work and the statute providing for approval of the contract does not preclude such action after performance of the work. 16-474 51. A contract by which an officer is to receive pay from private parties for doing public work, in the result of which they are interested, should not be approved. 17-106 52. Special instructions to a deputy surveyor lowering the rate of compensation stipulated in a contract will not make the sureties on his bond parties to such modification. 18-475 53. Special instructions by the surveyor general with respect to the execution of a contract for a public survey become part of such contract if not in conflict with the manual of surveying instructions or the instructions of the General Land Office. 26-609 54. Where a survey is partially completed and then abandoned by the contracting deputy his bondsmen may be allowed to complete the remaining work under said contract at the rates therein stipulated. 21-288 55. Adjustment is made upon the intrinsic evidence furnished by the field notes returned by the deputy and not upon independent supplemental statements. 24-333 56. A deputy should not be heard to complain as to adjustment where he agrees that no payment for work not personally done shall be made and it appears he did no part of the work in person and that the Government thereafter, to avoid the disturbance of private vested rights, approves such survey and fixes a just compensation therefor which is accepted by the surveyor. 21-526 57. That the expense of a survey is payable from the repayment fund provided for in the act of July 2, 1864, does not take the adjustment out of the rule authorizing a deduction from the agreed compensation when the work is not done within the stipulated period. 22-471 58. In the adjustment under a deputy surveyor's contract the General Land Office is authorized to make a deduction of 5 per cent from the agreed compensation if the work is not performed within the stipulated time and no extens.on is granted or applied for. 22-471 59. By section 8, act of July 31, 1894, the acceptance of payment under settlement of an account by an auditor without the suspension of any item therein precludes revision of the same. ACCRETION. 22-583; 26-609 See ISLAND; PUBLIC LAND, 4-7; RIPARIAN RIGHTS; SURVEY, 112. 1. Belongs to the riparian owner. 1-596; 6-20; 7-255; 14-375 2. Sale of public land bounded by a water line, as shown by the official survey, conveys a riparian right, including subsequent accretions. 14-375 3. To an island reserved for military purposes becomes part of such reservation, subject to disposition under the act of July 5, 1884, on the abandonment of said reservation. 27-82 4. The interests of the Government as a riparian proprietor cease on the sale of a meandered tract; and all, to such tract, after survey and prior to sale, pass to the purchaser. 27-330 ADMINISTRATOR. See FILING, 94; FINAL PROOF, 466-473; HOMESTEAD, 277-278; PREEMPTION, VI; TIMBER CULTURE, 210. ADVERSE CLAIM. See ALASKAN LAND, 49-51; FINAL PROOF, VIII; MINING CLAIM, VIII; TIMBER AND STONE ACT, IV. 1. The term as used in the act of April 7, 1896, held to mean valid adverse claim. 23-582 AFFIDAVIT. See APPLICATION; CONTEST; EVIDENCE, 134, 178-182; HOMESTEAD, 15-23. 1. Circular of March 26, 1902, under act of March 11, 1902, relative to officers before whom affidavits may be made. 31-274 2. Instructions of April 12, 1902, relative to execution of affidavits before deputy clerks. 31-286 1 3. Instructions of March 1, 1907, relative to affidavits executed before deputy clerks. 35-436 4. Circular of April 1, 1904, relative to affidavits under section 2294, R. S., as amended by the act of March 4, 1904. 32-539 5. Circular of April 1, 1904, under act of March 9, 1904, relative to affidavits made outside of land district. 32-541 6. Instructions of March 24, 1905, to United States commissioners and judges and clerks of courts of record, relative to administering oaths and taking affidavits, final proofs, etc. 33-480 7. Paragraph 10 of instructions of March 24, 1905, relative to right of officers authorized to take final proofs to act as agents or attorneys before Land Department, modified. 33-653 8. May only be made before the local officers in discharge of official duty in the local office during business hours. 3-108 9. A probate judge may take affidavits, as judge, in final homestead proof, and as clerk in preemption and commuted home stead cases, provided they be taken at the county seat at which the court is holden. 2-224 10. Clerks of district courts are authorized to take final affidavits in homestead and preemption cases, whether or not the court holds sessions in the county. 2-200 11. Of contest may be executed before attorney of contestant as notary, in absence of inhibition in local law. 3-98, 248; 24-45 12. Of a party taken before his attorney, as notary, will not be accepted by the department. 2-212; 20-523 13. Of contest executed by one signing contestant's name as 66 agent and attorney" is properly rejected. 29-245 14. Of contest is not defective because made outside the land district. 3-419 15. In Dakota, required by section 2294, R. S., may be made before a probate judge acting in his clerical capacity. 2-209 16. When a county embraces territory in two land districts a claimant for land in one district may, under section 2294, R. S., make affidavit at the county seat in the other district. 2-90 17. In Alabama, where a county and circuit court have original jurisdiction in a county, must be made before clerk of circuit court. 2-223 18. When there is more than one court of original jurisdiction (county and circuit) in a county (in Alabama), may be made before the clerk of either court. 2. Regulations under act of March 3, 1891, allowing entries for townsite, trading, and manufacturing purposes. 12-583 3. Regulations of August 1, 1904, relative to the manner of acquiring title to townsites. 33-163 4. Paragraph 13 of regulations of August 1, 1904, amended. 34-71 5. Paragraph 8 of regulations of Au37-334 gust 1, 1904, amended. 6. Instructions of December 21, 1892, relative to mission stations. 15-586 7. Regulations of June 3, 1891, as to appeal from townsite trustee, amended. 25-323 8. Paragraph 5 of the regulations of June 3, 1891, revoked. 26-305 9. Circular of March 17, 1898, as to use of timber. 26-404 10. Regulations of June 8, 1898, concerning homesteads, rights of way, timber, etc. 27-248 11. Regulations concerning homesteads, rights of way, timber, mission claims, etc. 32-424 12. Instructions of May 21, 1908, relating to homesteads. 36-433 13. Regulations of June 24, 1908, with respect to sale and use of timber. 36-536 14. Regulations of February 24, 1912, governing sale and use of timber on unreserved public lands. 40-477 15. Instructions of March 9, 1911, concerning surveys. 39-553 16. Instructions of June 27, 1900, under act of June 6, 1900, relative to title to coal lands. 30-368 17. Circular of July 18, 1904, relative to location and patenting of coal lands. 33-114 18. Regulations of April 12, 1907, relative to coal lands. 35-673 19. Paragraph 27 of regulations of April 12, 1907, relative to coal lands, amended. 37-508 20. Circular of May 16, 1907, relative to coal lands. 35-572 21. Instructions of June 27, 1908, con36-548 cerning coal lands. 22. Circular of July 11, 1908, relative to coal lands. 37-20 23. Instructions of September 29, 1900, respecting proofs to be filed with returns 30-285 of surveys of homestead claims. 24. In surveys the deputy surveyor may, in isolated localities, administer the requisite oaths to chainmen and others. 13-608 25. Under act of May 14, 1898, testimony on final proof may be taken outside of Alaska in case of a purchase of lands in said Territory. 27-451, 28-437 26. No statutory authority for the acceptance, in payment for lands purchased for trade and manufacture, of the certificates issued on account of the deposit made to secure the survey of said land. 26-305; 28-55 27. The mere occupancy of lands for the purpose of trade or manufacture does not confer upon the occupant any right, as against the Government, that will constitute a legal obstacle to the reservation of the land for naval purposes. 25-212 31. By means of special survey the acreage an applicant is entitled to enter in Alaska as a soldiers' additional homestead may be definitely described and separated from the body of the public lands; hence no reason exists why the rule of approximation should be applied in such entries made in said district. 28-149 32. While Congress has made no provision for determining the extent of the claims of the Greco-Russian Church, or the validity of its title thereto, yet the possessory claims of said church have been protected in executive action taken by the State, War, and Treasury Departments, and allowed to remain in the hands of the church; but in the absence of statutory authority the department can not undertake to identify, by survey, the lands of the church and determine the title of the church thereto. 22-330 33. There is no statutory provision authorizing separate and independent proceedings for the survey and identification of church lands, the ownership of which was secured to the resident members of the church by the treaty of cession. sory right subsequently conferred by Congress does not affect lands owned by said church at the time of the treaty, but only extends to public lands occupied as mission stations at the date of such congressional action, not exceeding 640 acres in any one tract. 25-480 36. The jurisdiction of the department over Greco-Russian Church lands, or missionary stations, is limited to excluding the same from entry and acquisition by others under the mining, townsite, or trade and manufacture laws. 25-481 37. Paragraph 24, amended regulations of June 3, 1891, is limited to the consideration of private claims and the claims of the Greco-Russian Church, when asserted adversely to an application to enter lands for townsite purposes. 25-481 38. The jurisdiction of the Secretary of the Interior over the public lands in Alaska is limited to the administration of the mining, townsite, right of way, and homestead laws, and the sale of land for trade or manufacture; and he is without authority to lease land for propagating foxes, or to assume control of land already leased for such purpose. 30-417 II. Rights of Natives; Possessory Claims. 39. Regulations of December 29, 1908, relative to rights of Indian occupants on townsites. 37-337 40. Circular of February 11, 1907, relative to allotments to Indians and Eskimos, under act of May 17, 1906. 35-437 41. Circular of April 29, 1909, under act of May 17, 1906, respecting allotments to Indians or Eskimos. 37-615 42. Paragraph 8 of regulations of August 1, 1904, concerning native occupants of townsites, amended. 37-334 43. The legal status of the aborigines is not that of "Indians" as said term is used in section 2103, R. S., providing for the approval of contracts with persons so described. 19-323 44. Land actually occupied in good faith by natives is reserved from disposition until such time as Congress shall prescribe the terms on which they may acquire title. 13-120; 23-335 45. The protection accorded to the possessory rights of Indians and others by |