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INDEX.

Abandonment.

See Contest, Residence.

Accounts.

The adjustment of deputy surveyors', is
made upon the intrinsic evidence fur-
nished by the field notes of survey, sworn
to and returned by the deputy, and not
upon independent supplemental state-

ments...

Circular of June 5, 1897, as to unearned
fees and unofficial moneys.

Adverse Claim.

See Mining Claim.

Affidavit.

In those States or Territories whose
laws do not forbid an attorney to admin-
ister an oath to a client, the necessary
oath to a contest affidavit may be admin-
istered by an officer or notary who is also
the attorney of the contestant; but in
States where the local laws forbid such
practice it will not be allowed by the Land
Department.....

Alaska.

Surveys under the act of 1891 are not
authorized in the absence of a formal ap-
plication therefor, verified by affidavit,
showing the character, extent, and ap-
proximate value of the improvements
owned by the claimant........

A survey of lands under sections 12 and
13, act of March 3, 1891, should not be al-
lowed to include a ditch or water way,
used by native Alaskan villagers for the
purpose of securing the necessary fresh-
water supply for domestic use and con-
sumption....

On application to purchase land under
the act of March 3, 1891, the extent of the
actual use and occupancy of the land
should not be determined on the report of
the deputy surveyor alone, and prior to
the submission of final proof.....

In the survey of land desired for a fish-
ing station, under the provisions of sec-
tion 12, act of March 3, 1891, a failure to
observe the requirement that the land
shall be taken as near as practicable in a
square form, will not be excused on the
ground that the land excluded is valueless
for fishing purposes....

Page.

333

505

45

545

312

314

545

Alienation.

A written agreement to convey the land
covered by a homestead entry, made prior
to the submission of final proof, will de-
feat the right of the entryman to perfect
his entry...

An agreement to convey part of the land
covered by a homestead entry after final
proof, with possession given under such
contract, calls for cancellation of the en-
try, although the agreement may have
been made in the compromise of a prior
contest against the entry in question....

The execution of a deed to a half inter-
est in the land covered by a homestead en-
try, prior to the submission of final proof,
defeats the right to patent, though it may
appear that the entry man had lived on
the land for five years prior to, and that
the grantee under the deed is asserting no
claim thereunder....

An agreement by a desert-land entry-
man to convey title to the land after the
submission of final proof will not operate
to defeat the entry, where said agreement
was entered into after the passage of the
amendatory act of March 3, 1891, which
recognizes the right of assignment in the
entryman, and where the initial entry ap.
pears to have been made in good faith....
An agreement by a desert-land entry.
man, made subsequent to the initial entry,
to convey title to the water supply after
the submission of final proof, is not ground
for cancellation, if it appears that such
agreement was afterwards, and prior to
final proof, repudiated...
Amendment.

See Entry.

Appeal.

See Practice.

Application

Page.

79

155

337

100

100

To enter should not be received during
the time allowed for appeal from a judg
ment canceling a prior entry of the land
applied for; nor the land so involved held
subject to entry, or application to enter,
until the rights of the entryman have been
finally determined
81, 209

Of a third party to enter land em-
braced within a judgment of cancellation,
rendered by the Department, should be

received and held to await action on the
part of the successful contestant; and if
the preferred right of the said contestant
is subsequently waived, the application to
enter, so held in abeyance, is entitled to
precedence as against other claims arising
subsequently thereto

To enter, accompanied by relinquish-
ment of entry under contest, made by a
stranger to the record, should be held to
await the expiration of the time allowed
a successful contestant for the exercise
of his preferred right of entry, or may be
allowed if it appears that such contest-
ant is disqualified to make entry, or has
waived his preferred right ....

Lands embraced within a departmental
order directing their reservation until
further instructions are not subject to
entry during the pendency of said order..

To enter filed within the pendency of an
executive withdrawal of the land for a
public purpose confers no right; but it is
within the exercise of departmental dis-
cretion, on the removal of the reservation,
to recognize applications so filed, subject
to prior adverse claims..

To amend a homestead entry, by includ
ing therein an additional tract, operates
to reserve the land covered thereby, so far
as the rights of the applicant are con-
cerned, until final action thereon

Tomake homestead entry or pre-emption
filing, made by an alien prior to declara.
tion of intention to become a citizen, con-
fers no right either under the pre-emption
or homestead law, and a settler occupy-
ing such status is without protection as
against an intervening adverse claim of
record......

TIMBER CULTURE.

To make timber culture entry of land
withdrawn for the benefit of a railroad
grant confers no right as against the grant
or the government, and if the land, so
applied for, is subsequently restored to
the public domain, after the repeal of the
timber culture law, there is no right in
the applicant that brings him within the
protective terms of said repeal..............

The right secured by a, erroneously re-
jected and pending on appeal, may be ex-
ercised by the heir of the applicant................
Attorney.

May administer oath as notary public,
to contest affidavit made by client, in
States and Territories where an attorney
is not prohibited from administering oath
to client....

In good standing before the Land De-
partment is entitled to inspect reports of
special agent on which final action has
been taken by the General Land Office
adverse to the interest of his client......

Page.

408

81

284

462

429

60

434

280

45

379

In good standing, admitted to practice
before the Department, is not required to
file written authority to appear on behalf
of his client....

Right to appear and file motion not
recognized until due compliance with
departmental regulations with respect to
the admission of, to practice before the
Department.....

Boundary of State.

See States.

Cancellation.

See Judgment.

Of an entry without notice to the entry-
man is void for want of jurisdiction
Certificate.

See Scrip.

Certification.

See Patent.

Certiorari.

A writ of, will not issue where it is ap-
parent that the appeal, if before the De-
partment, would be dismissed.............

An application for a writ of, will be
denied where the applicant has not pre-
viously sought relief through appeal, as
provided in the Rules of Practice........

Rule 85 of Practice operates as a super-
sedeas for the time specified therein, but
is not a limitation upon the power of the
Secretary of the Interior to grant an ap
plication for, even though not filed within
that time.............

Page.

Delay in the application for a writ of,
and the allowance of an adverse entry
under the Commissioner's decision com-
plained of, will not defeat the right of the
applicant to a decision on the merits of
the case, where the rights of third parties
are not effected thereby, and the status of
the adverse party is not due to any neg
lect or delay on the part of the applicant,
and where the entry of such party is made
with full notice of the applicant's rights
in the premises....

The writ of, will not be granted if the
petitioner fails to show that the decision
complained of is erroneous, and did not
render substantial justice in the premises.
May be allowed where failure to appeal
in time is due to accident or mistake,
which is satisfactorily explained, if such
action will not result in injury to inno-
cent parties.....

Chippewa Pine Lands.

See Indian Lands.

Circulars and Instructions.
See Tables of, page xix.

Citizenship.

Children born of a white man, a citizen
of the United States, and an Indian
woman, his wife, follow the status of the
father in the matter of.......

472

525

52

230

244

385

570

570

311

Coal Lands.

The price of, is dependent upon its dis-
tance from a completed railroad at the date
of entry, and not at the date of the appli-
cation

A claimant who appears, on the last
day of the life of his filing, at the local
office and within the business hours desig-
nated by official regulations, and is pre-
vented from submitting his final proof
and making payment at such time by the
receiver's office being closed contrary to
said regulations, should not be regarded
as in default, where such proof and pay-
ment are tendered on the next business
day

Confirmation.

Page.

SECTION 7 ACT OF MARCH 3, 1891.
Of a soldier's additional homestead
entry, is not defeated by the failure of the
register to issue the formal final certifi-
cate, where it appears from the record
that the soldier complied with all the
requirements of the law and regulations
thereunder...............

As between a purchaser from the en-
tryman and one holding under a subse-
quent tax sale of the land, the benefit of
the confirmatory provisions of section 7
must be accorded to the holder of the tax
title..

Commutation.

See Entry; Homestead.

Contest.

Second, on issue once tried and deter-
mined will not be allowed..

The general rule that a settler claiming
priority over one having an entry of
record must establish his clairu by a pre-
ponderance of the evidence may be so far
departed from, in a special case, as to
reach an equitable conclusion, where, on
the facts shown, justice and equity re-
quire a division of the land between the
parties...

No right can be secured under the con-
test of one attacking an entry on the
ground of prior settlement, in the absence
of some special equity shown, if the
charge as made is not established by a
preponderance of the evidence......

Against a homestead entry, on the
ground of priority of settlement, must
fail, if the allegation is not made good by
some preponderance of the evidence.....

Against a homestead entry on the
ground alone that the land embraced
therein is unfit for cultivation, and of no
value except for the timber thereon, will
not be entertained..

A motion to dismiss a, for informality
in the athidavit of contest, and the want
of a corroboratory affidavit, may be prop-
erly overruled by the local office, as its

11

46

58

139

61

158

189

584

310

jurisdiction is not dependent upon the
affidavit of contest, but upon the service
of notice.....

After the expiration of five years under
a homestead entry a charge of abandon
ment and change of residence will not be
entertained against the same, in the
absence of an allegation that the entryman
failed to comply with the law as to resi-
dence and cultivation during the statutory
period.........

A charge of failure to submit final proof
within the statutory period of seven years
from the date of homestead entry states
no cause of action against an entryman
that is entitled to the additional year con-
ferred by the act of July 26, 1894..

The action of the Office of Indian Affairs
on allotments is conclusive, so far as the
General Land Office is concerned, as to
whether the Indian was a settler on the
land, and whether he was entitled as an
Indian to receive an allotment

On proper charge made, may be enter-
tained against an approved Indian allot-

ment.

Against the entry of an insane home-
steader must fail if it appears that the
entryman had complied with the law up
to the time when he became insane......
Contestant.

The preferred right of a successful, is
not defeated or impaired by adverse settle-
ment claims acquired subsequent to the
entry under attack..

A settlement on land covered by the
entry of another, confers no right as
against a successful, who secures the can-
cellation of such entry

The right of a successful, accorded by
section 2, act of May 14, 1880, is not de-
pendent upon the truth of the charge as
laid, if the cancellation of the entry is the
result of a contest prosecuted in good
faith

Acquires no right by a contest against
an entry of lands reserved on account of
a railroad grant, that will defeat the right
of the entryman, who is in possession as
a licensee, to purchase the land under the
provisions of section 3, act of September
29, 1890, and the amendatory act of Janu-
ary 23, 1896

Under the regulations of the Depart-
ment, land included within the occupancy
of an Indian is not subject to entry, and a
contest against an entry of land, so ex-
cluded from disposition, will confer no
right upon the, that will prevent the De-
partment from subsequently holding the
land in reservation, with a view to its
allotment to the Indian.

A duly appointed guardian of the minor
children of a deceased soldier may insti-
tute a contest, on behalf of his wards,

Page.

383

398

398

424

264

494

221

432

221

406

413

and, in the event of success, exercise the
preference right by filing a soldier's
declaratory statement for the benefit of
said minor children: and this right will
not be defeated by the failure of the guar-
dian to set forth in the affidavit of contest
the capacity in which he was then acting.
In the case of a departmental decision
rendered prior to the change of practice,
following the decision in Allen v. Price,
as to closing cases on review, but wherein
notice of such decision is not given by
the local office until after such change of
practice, the, is entitled to the protection
provided for under the new practice ..............
Desert Land.

See Entry.

A relinquishment on the part of the
State of, included in a contract made under
section 4, act of August 18, 1894, to be
effective must be executed by the officers
designated by the State legislature to
manage and dispose of said lands................

Under the provisions of the act of 1894,
the departmental regulations thereunder,
and the terms of the State act, the maps,
and lists of selections shown thereby, are
properly authenticated by the signature
of the chief clerk of the State board of
land commissioners

Donation Claim.

Of a married man embracing more than
three hundred and twenty acres is not
void, but voidable........

Entry.

DESERT LAND.

In determining whether a, is within the
rule as to compactness no inflexible rule
can be laid down, but each case must be
considered in the light of the facts pre-
sented.

Made under the act of March 3, 1877, by
one not a citizen of the State in which the
land is situated, but a qualified citizen of
the United States, may be perfected un-
der the amendatory act of March 3, 1891..

The provisions of the amendatory des
ert-land act of March 3, 1891, requiring the
entryman to be a resident citizen of the
State in which the land is situated, are
not applicable to entry made prior to the
passage of said act......

The act of March 3, 1891, amending the
desert land act of March 3. 1877, operates
to confer upon entrymen under the origi
nal act, at their option, the additional
time for effecting reclamation provided
for in said amendatory act, and an entry
occupying such status, on which final
proof has not been submitted, is within the
provisions of the act of July 26, 1894, ex-
tending the time for making final proof
and payment...

Page.

472

477

562

562

4

306

308

466

435

An agreement by a desert entryman,
made subsequent to the original entry, to
convey title to the water supply after the
submission of final proof, is not ground
for cancellation, if it appears that such
agreement was afterwards, and prior to
final proof, repudiated....

Orders of the General Land Office made
on the submission of annual, are interloc
utory in character, and no appeal will lie
therefrom....

The period covered by departmental or
der suspending a, must be excluded in
computing the time within which recla
mation must be effected and final proof
made.......

A mortgage of land covered by a, can
not be regarded as entitling the mort-
gagee to the status of an assignee of the
entry until after foreclosure of the mort-
gage, if, under the laws of the State in
which the land is situated, a mortgage of
real property is not a conveyance thereof.

HOMESTEAD.

The right to make a second, may be ac-
corded to one who in good faith relin-
quishes the first on account of an adverse
claim asserted to the land included therein
The commutation of a, prior to the pas
sage of the act of March 2, 1889, defeats
the right to make a second, under section
2 of said act

An official certificate of the register as
to the truthfulness of the applicant may
be accepted in lieu of the corroboratory
affidavit required in the case of an appli-
cation to make second, where the failure
to furnish such affidavit is satisfactorily
explained...

The right to make a second, may be
recognized where the first through mis-
take was not made for the land intended.
and was accordingly relinquished...................

May be amended to correspond with
settlement, as against an intervening
entryman, if priority of settlement is
shown by the applicant and it does not
appear that he is estopped by his own
acts from setting up his right as against
the adverse claimant..

When found to embrace non-contignous
tracts the entryman should be called upon
to elect which tract or tracts he will relin-
quish in order to bring the entry within
the rule as to contiguity; and if the entry-
man fails to take such action the entry
may then be canceled as to such tracts as
may be deemed proper, having due regard
to interests shown by incumbrancers....
TIMBER CULTURE.

Under the amendatory provisions of the
act of March 3, 1893, the failure of a tim-
ber culture entryman, who has complied
with the law for the period of eight years

Page

100

306

435

418

531

563

16

16

135

305

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