Circular instructions of February 13, 1889. 348
The act is remedial and should be con-
strued liberally in favor of the bona fide set-
tler....

In order to sustain a suit under said act it
is necessary to show that the land has been
erroneously certified or patented under the
grant

If part of an entry has been erroneously
canceled on account of a railroad grant, it
should, under this act, be re-instated, and
patent issued thereon if the settler has
shown due compliance with law

324

570

318

It is the duty of the Secretary of the In-
terior to re-adjudicate cases whenever it ap.
pears that the pre-emption or homestead
entry of a bona fide settler has been errone-
ously canceled on account of a railroad
grant
..318, 382
Plea of res judicata can not be interposed
to relieve the company from proceedings
under the act ....

A judicial decree awarding possession to
a purchaser from the company will not pre-
vent the Department from taking jurisdic-
tion under said act..............

The right to re-instatement conferred
upon the settler is superior to that of a bona
fide purchaser from the company

Section 3 of said act authorizes re-adjudi-
cation where an application to tile or enter
has been erroneously rejected by the local

office

The act entitles a settler to perfect a
homestead entry for the entire tract origi-
nally applied for notwithstanding the issu-
ance of patent to him under the homestead
law for a part of said tract.

318

382

382

382

382

The right to re-instatement under said act
is defeated by a voluntary abandonment of
the claim before the grant attached........ 588
A relinquishment executed on notice that
the entry had been suspended is not such a
"voluntary" abandonment as will bar re-in-
statement under the act

324

Selections should be made from lands
nearest the granted sections in which the
loss is alleged ....

If the indemnity provided for one of the
lines or branches (St. Paul, Minneapolis
and Manitoba Railway) prove insufficient
therefor, the deficiency may be supplied
from the indemnity limits of the other lines
or branches

373

255

May not be selected within the granted
limits of another road, though such road
was not constructed within the period fixed
by the statute, but was definitely located,
and the grant therefor remains unforfeited. 33
Expired filing of record does not bar se-
lection of the land, unless it be shown that
the pre-emptor had not in fact abandoned
the land (St. Paul, Minneapolis and Mani-
toba Railway)......

On application to select land covered by
an expired filing, a hearing should be had
to determine the status of the land (St.
Paul, Minneapolis and Manitoba Rail-
way)

Withdrawals for the Memphis and Little
Rock Company and the Madison and Por-
tage Company revoked

LANDS EXCEPTED.

291

291

427

An unexpired filing of record at date of
definite location excepts the land covered
thereby from the grant (Northern Pacific). 380

Under the grant to the St. Paul, Minne-
apolis and Manitoba Company, the exist-
ence of a filing, when the grant became ef-
fective, will raise a presumption of right,
which, in the absence of proof to the con-
trary, is conclusive as against the grant... 380
The existence of homestead and settle-
ment rights at the date of the attachment
of the grant excepts the land therefrom... 58
A claim resting on settlement, residence,
and improvement, existing when the grant
becomes effective, excepts the land covered
thereby from the operation of the grant.520, 542

Does not take effect upon land within a
prima facie valid homestead entry..

378

Land not free from "pre-emption or other
Page.
claims or rights "does not pass, and the
validity of such claims is not material
(Northern Pacific.)

A claim resting on settlement, residence,
and improvement, existing when the grant
becomes effective is within the excepting
phrase "occupied by homestead settlers"
(Northern Pacific.).

Land within the subsisting granted limits
of the Atlantic and Pacific, when the map
of the designated route of the Southern
Pacific was filed, is excepted from the grant
to the latter company....

378

362

282

The abandonment of a settlement claim
after withdrawal does not render the land
subject thereto..

542

An executive withdrawal should be given
effect only to the extent intended by the
Department

The revocation of an indemnity withdraw.
al takes effect as soon as issued, and a set-
tlement on land within such withdrawal,
existing at the date of revocation, will be
protected as against a subsequent selec-
tion......

The company will not be heard to object
to a settlement claim within its indemnity
limits, after revocation of the withdrawal
and in the absence of a selection.

A settlement within an indemnity with-
drawal is unavailing as against the com-
pany's right of selection

355

355

669

Page.

A settlement right existing at the date of
indemnity withdrawal excepts the land
covered thereby from the effect of such
withdrawal

A filing, based on settlement prior to sur-
vey, made when it was held that an indem-
nity withdrawal did not take effect upon
unsurveyed land, is good as against the
withdrawal.

21

21

Prima facie valid filing of record excepts
the land covered thereby from withdrawal
on general route. (Sioux City and Pacific). 292
A homestead entry of record at date of
indemnity withdrawal excepts the land
therefrom...

A claim based on settlement, residence,
and improvement existing at the date of
withdrawal on general route, excepts the
land included therein from such with-
drawal. (Northern Pacific.)............
Railroad Lands.

Circular instructions of February 13,
1889, under the act of March 3, 1887..
Section 4 of the act of March 3, 1887, con-
fers a preference right upon purchasers in
good faith from the company.

588

362

348

570

Method of procedure and proof required
under application for the right of purchase
as provided in section 5, act of March 3,
1887
....27,348
Land excepted from a railroad grant and
consequently not withdrawn for its benefit
not subject to purchase under the act of
January 13, 1881....

344

See Land Department.

Page.

With the right to thereafter submit ordi-
nary homestead proof can not be allowed to
one whose commutation proof is found in-
sufficient, but whose entry is not canceled.
Not allowed to one who as assigne under
a graduation entry made cash payments in
lien of settlement and cultivation..........
Will not be allowed if the entry is can-
celed on account of its fraudulent char-
acter

One who procures an entry through false
testimony is not entitled to; and a trans-
feree under such an entry has no better
right than the entryman

The transferee holding the present inter-
est in the land to which title has failed is the
party entitled to.......

Reservation.

Disposition of abandoned military, not af-
fected by the act of March 2, 1889.
that date and circular thereunder)

Residence.

See Final Proof, Settlement.

GENERALLY.

84

134

322

140

636

(Act of

.........

314

After the establishment of, absence
caused by official duties will not work a for-
feiture of the settler's rights....

Conclusive presumption of abandonment
not raised by the fact that the claimant,
while absent on account of sickness, voted
in the precinct where he had been taken for
treatment

Not acquired by one who goes upon pub.
lic land with the fixed intention of leaving
the same, after colorable compliance with
the law, and in the mean time substantially
maintains a home elsewhere...

Not acquired or maintained by going
upon or visiting land for the purpose of
complying with the mere letter of the

law

PRE-EMPTION.

Page.

On a tract covered by the entry of an-
other is unavailing if it is abandoned prior
to the cancellation of said entry and not re-
sumed until after the intervention of an ad-
verse right

COMMUTED HOMESTEAD.

A period of six months inhabitancy im.
mediately preceding entry required as a test
of good faith; but temporary absences
caused by poverty or ill health will not im-
pair such inhabitancy.

634, 639

Six months' presence on the land for the
purpose of carrying out the letter of the de-
partmental requirement, with the intent to
discontinue inhabitancy at the end of that
period, not accepted.

HOMESTEAD.

Essential requirement of homestead law,
dependent upon actual inhabitancy of the
land to the exclusion of a home else-
where.....

285

..576, 584

Must be established under homestead en-
try within six months from date thereof,
and failure in this requirement is consid-
ered a defect requiring explanation...

No one but the wife, during the life of the
entry, may allege "desertion " in proof of

abandonment

An absence to procure a support for the
family, though covering several years, is
not abandonment if the family lives on the
land in the mean time..

In computing military service in lieu of,
credit should not be allowed twice for a
period covered by two enlistments...........

A homesteader who takes title to the tract
on which his house is situated by scrip lo-
cation and removes to another part of the
original claim can not be credited for resi-
dence on the first tract...

566

626

626

227

547

Credit for, while the land was held under
his previous timber culture entry, may be
allowed a homesteader in the absence of an
intervening claim.
.......45, 192

The right to take material from the pub-
lic land conferred by the acts of 1872 and
and 1875, as defined by the word ‘adjacent'
does not extend beyond the tier of sections
through which the right of way passes, and
an additional tier of sections on either side. 41
The act of March 3, 1875, is applicable to
the Denver and Rio Grande Railroad Com-
pany and not inconsistent with the act of
1872

Timber may not be taken from lands ad-
jacent to one part of the road for the pur.
poses of constructing another part.....
Depots, station houses, etc., not included
in the term "railroad"

Privilege does not attach on the filing and
acceptance of the articles of incorporation
and proofs of organization, but on definite
location, either by actual construction or
filing a map..

A map of definite location not required
to secure, if a road has been actually con.
structed by a company which has observed
the preliminary requirements

41

41

41

115

115

The notation of the company's right on
the entry papers is not authorized where
the road is constructed over unsurveyed
land, and an entry is afterwards allowed for
land through which the road extends...... 115
A statement reserving the right of the
company may be placed in a patent issued
under an entry allowed for lands over which
a road was previously constructed and at a
time when the lands were unsurveyed..... 115
Opinion of the Attorney-General requested
on the authority of the Department to re-
voke an allowance of right-of-way privileges 374
School Land.

Grant of, compared with the swamp grant 308

Page.
Confirmatory provisions of the act of
March 1, 1877, considered (California)

Indemnity selections certified prior to the
act of March 1, 1877, for losses alleged in
townships made fractional by the segrega-
tion of swamp lands, will not be disturbed
(California.)

Right of purchase under the act of March
1, 1877, not defeated by the erroneous can-
cellation of a selection.

The rejection of an application to pur
chase under the act of March 1, 1877, will
not bar a second application by the same
party based on a different claim....

An applicant for the right of purchase
under the act of March 1, 1877, is an inno-
cent purchaser" if his vendor held without
notice of defect in the State's title

.4, 24

326

326

326

A purchase after survey of the posses
sory right of one who settled prior thereto,
confers no right as against the grant....... 495
If the State makes a selection in lieu of
land covered by settlement at survey, the
reservation is transferred from the basis to
the indemnity; and by the same act the
claim to the basis is relinquished and the
land opened to entry

Title acquired by valid selection will not
be impaired in the hands of the State's
grantee by a subsequent duplication of the
basis

Irregular selections of lands sold to inno-
cent purchasers prior to the act of July 23,
1866, confirmed by section 1 of said act
(California)

A selection improperly allowed, because
of a prior pending claim, may be allowed to
stand on the removal of such claim from
the record

A selection made on a valid basis, but in-
cluding in part lands excluded therefrom,
may be approved as to the tract subject to
selection

The State is entitled to select indemnity
of the character and class it would have re-
ceived had there been no deficiency

Where the basis would have been double
minimum, if it had not been reserved for
school purposes, the State (Minnesota) is
entitled to select double minimum land....
Double minimum land may be taken in
lieu of double minimum loss, but not for
single minimum loss (Louisiana)

394

480

480

72

72

72

32

31

126

Irregularity in the form and place of sec-
tion 16, arising from the survey of the
township, will not defeat the grant......... 560

Page.

A legislative reservation of, not defeated
by a subsequent executive reservation of
the land for military purposes (Michigan). 560
The selections authorized by the act of
May 20, 1826, are not lieu" selections..... 563
Under the act of 1826 the State (Lonisi.
ana) is not entitled to indemnity for sections
in place, but covered by private grants....
The act of 1826 includes selections for
"radiating" and other irregular surveys
(Louisiana)

If full compensation has been received on
account of a fractional township, further se-
lections will not be allowed on the ground
that the basis in the original selection was
improperly described as a part of sections
16 and 36; and this rule applies whether
such selections were made before or after
the act of March 1, 1877 (California)
The act of August 9, 1888, does not au-
thorize the Secretary of the Interior to rec-
ognize settlement rights acquired after sur-
vey and require the Territory (Wyoming)
to select indemnity therefor...

........

An act reserving lands in a Territory
(Wyoming) has the same force, so far as the
reservation goes, as a grant for the same
purpose to a State.

Scrip.

See Private Claims.

Commissioner may order a hearing to de-
termine the validity of a location
Validity of claims may be passed upon
where adverse claimants voluntarily appear
at a bearing

126

126

307

495

495

207

fr 207

Adjustment of a location to the line of
the public survey does not validace a
tion theretofore invalid

207