Digest of Decisions 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, Volume 1, Issues 1-40U.S. Government Printing Office, 1913 |
From inside the book
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Page 23
... decision that refuses reinstatement of an entry , the land is thereupon subject to entry ; and an application tendered there- for , prior to receipt of notice at the local office of the decision on review , must be re- garded as legally ...
... decision that refuses reinstatement of an entry , the land is thereupon subject to entry ; and an application tendered there- for , prior to receipt of notice at the local office of the decision on review , must be re- garded as legally ...
Page 25
... decision of the department , is res judicata , and can not be reinstated with a view to allow- ance under a changed construction of the law . 19-459 162. To enter , properly rejected by final decision of the department , under rulings ...
... decision of the department , is res judicata , and can not be reinstated with a view to allow- ance under a changed construction of the law . 19-459 162. To enter , properly rejected by final decision of the department , under rulings ...
Page 41
... decision to accompany the application has been uniformly followed though not included in the Rules of Prac- tice . 13-635 5. Failure to file copy of commissioner's decision with application can not be cured by filing copy after the ...
... decision to accompany the application has been uniformly followed though not included in the Rules of Prac- tice . 13-635 5. Failure to file copy of commissioner's decision with application can not be cured by filing copy after the ...
Page 42
... decision ap- pealed from was served on the applicant . 19-472 31. May be allowed where the appeal is dismissed ... decision is erroneous , though he may have erred in declining to transmit the appeal . 14-67 ; 20-544 ; 33-160 45. Will ...
... decision ap- pealed from was served on the applicant . 19-472 31. May be allowed where the appeal is dismissed ... decision is erroneous , though he may have erred in declining to transmit the appeal . 14-67 ; 20-544 ; 33-160 45. Will ...
Page 43
... decision below would be affirmed if before the department . 14-205 ; 21-109 ; 23-492 54. Not granted merely because appeal was improperly denied , but it must further appear on the face of the petition and ex- hibits that the decision ...
... decision below would be affirmed if before the department . 14-205 ; 21-109 ; 23-492 54. Not granted merely because appeal was improperly denied , but it must further appear on the face of the petition and ex- hibits that the decision ...
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Common terms and phrases
absence acres act of February act of June act of March action additional entry adverse claim affidavit alleged allotment allowed amended appeal April 28 authority bona fide purchaser canceled certificate charge Circular commissioner confirmed contest court decision definite location desert entry entitled entryman equitable erroneously fact failure faith February 26 filed final proof Government hearing heirs homestead entry homestead law Indian intervening issue January 14 July July 26 June 15 June 22 jurisdiction land covered Land Department land embraced Land Office limits lode ment mineral mining claim nonmineral Northern Pacific notice party patent payment pendency pending placer preemption preemption law preemptor preference right prior proceedings protest provisions public lands quired railroad grant record relinquishment reservation residence road rule settlement settlement laws settler statute statutory period submitted subsequent survey thereof thereto thereunder timber-culture tion townsite tract transferee valid withdrawal
Popular passages
Page 232 - ... shall be deducted from the required length of residence, without reference to the time of actual service.
Page 547 - ... not sold, reserved or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed...
Page 376 - Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such non-adjacent surface-ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes...
Page 358 - ... in the diligent prosecution of work leading to the discovery of oil or gas, shall not be affected or impaired by such order so long as such occupant or claimant shall continue in diligent prosecution of said work...
Page 332 - No enrolled attorney or agent as notary public shall take acknowledgments, administer oaths, certify papers, or perform any official act in connection with matters in which he is employed as counsel, attorney, or agent, or in which he may be in any way interested before the...
Page 509 - Provided, that all lands hereby granted to said company which shall not be sold or disposed of or remain subject to the mortgage by this act authorized, at the expiration of five years after the completion of the entire road, shall be subject to settlement and pre-emption like other lands, at a price to be paid to said company not exceeding two dollars and fifty cents per acre...
Page 501 - ... laws) it is not only within the power but it is the duty of the Land Department to see that the lands are disposed of according to law.
Page 115 - That the decision of the officers of the Land Department, made within the scope of their authority on questions of this kind, is in general conclusive everywhere, except when reconsidered by way of appeal within that department...
Page 125 - Sec. 8. That the provisions of the act to which this is an amendment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; and no person shall be entitled to make entry of desert land except he be a resident citizen of the State or Territory in which the land sought to be entered is located.
Page 382 - It is a well established principle that where an individual in the prosecution of a right does everything which the law requires him to do, and he fails to attain his right by the misconduct or neglect of a public officer, the law will protect him.