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OF THE DEPARTMENT OF THE INTERIOR

IN

CASES RELATING TO

THE PUBLIC LANDS

ALSO (PART 2)

TABLES OF CASES REPORTED, CITED, AND OVERRULED;
ACTS OF CONGRESS AND REVISED STATUTES CITED
AND CONSTRUED; CIRCULARS; AND RULES OF
PRACTICE CITED AND CONSTRUED

VOLUMES 1 TO 40, INCLUSIVE

PREPARED BY GEORGE J. HESSELMAN

ᏢᎪᎡᎢ 1

WASHINGTON

GOVERNMENT PRINTING OFFICE

1913

DIGEST OF LAND DECISIONS.

(VOLUMES 1 TO 40, INCLUSIVE.)

ABANDONMENT.

See CONTEST, X; DURESS; RELINQUISHMENT, 105; RESIDENCE.

1. Voluntary, on erroneous information given by the local officers (regarding effect of a railroad grant), makes the land public. 2-474, 570 2. Of an unperfected preemption claim presumed on the initiation and maintenance of a homestead. 13-617

3. An entry, covering part of a previous preemption claim, is in law an abandonment of that part of said claim not so entered. 4-171;

9-402; 12-351; 16-251; 23-539

9-541

4. Presumption of, attends a failure to exercise, within a reasonable time, a preferred right. 5. Of claim by husband is abandonment by wife. 1-401; 2-80 6. Sale of improvements is evidence of. 2-62

7. The execution of a lease by a homesteader of the land embraced within his entry and the occupancy of said land by his tenant will not defeat the right of the entryman to perfect title under his entry, if he continues to reside on the land, and improve the same. 18-241

8. The presumption of, attendant upon the sale of improvements can not be overcome by showing that such sale was procured through a fraud upon the vendor, where a third party, acting upon the evidence of such sale, in good faith purchases said improvements and makes entry of the land.

ABSENCE, LEAVE OF.

27-319

See CONTEST, 455-459; RESIDENCE, VI. 75325°-VOL 1-13-1

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3. Expenditure in excess of appropriation not authorized. 1-537 4. Section 3683, R. S.., construed to include clerk hire, rent, etc., for local offices. 1-537

5. Deficiency in salaries, etc., not chargeable to fund arising from sale of Indian lands. 1-520

6. Circular of August 7, 1889, with respect to vouchers. 9-229 7. Circular regulations of December 4, 1889. 9-655

8. Circular of September 12, 1890.

11-297 9. Vouchers and rates for official telegrams. 3-123, 389 10. Telegrams from subordinate officers to the Secretary of the Interior must be prepaid. 3-111 11. Directions to special agents. 3-575 12. Circular of September 7, 1907, relative to receipts in advance of payment.

36-78

13. Manner of keeping for reducing testimony to writing, and clerical services in contest cases. Circular of November 6, 1886. 5-245

14. Order of June 1, and instructions of June 10, 1908, relative to method of keeping. 37-45, 46

15. Paragraph 31 of instructions of June 10, 1908, respecting notice of allowance or approval of applications, entries, proofs, etc., amended. 37-60

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