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-
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.....
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....
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
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......
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.
Cancellation.
See Judgment.
Of an entry without notice to the entry- man is void for want of jurisdiction Certificate.
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.............
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.
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.......
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.
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.
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
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-
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,
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.
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
Of a married man embracing more than three hundred and twenty acres is not void, but voidable........
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...
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.
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
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