An affidavit of, may be properly rejected
if not corroborated; and where the contest-
ant in such case waives the right of appeal
and subsequently furnishes the requisite
corroborative affidavit, his right to proceed
dates from such time, and should not be rec-
ognized in the presence of an intervening
contest regularly initiated, and if so recog-
nized, the preferred right must be accorded
to the intervening contestant.............. 453
Where an affidavit of, contains an allega-
tion as to a condition existing at the date of
the contest, which from its nature must also
have existed at the date of the entry, the
allegation will be regarded in the same light
as if the condition had been alleged to exist
at the inception of the entry.......

A contestant can not take advantage of a
default, shown by the evidence to exist,
which is not specifically alleged in the afli-
davit of

A clerical error in dating an affidavit of,
by which the contest is made to appear pre-
mature, affords no ground for the dismissal

of the....

108

172

210

Where several, are filed they should not
be consolidated, or heard at the same time;
but where such action is taken, and the sev.
eral contestants submit testimony that calls
for cancellation of the entry, the case may
be disposed of on the record so made....... 501
Where a, has been prosecuted to a final
determination a second contestant will not
be allowed to attack the entry on the same
grounds, and covering the same time; but
evidence submitted under a second contest,
with respect to the status of the entry at a
period later than that covered by the first
contest, may be properly considered ....... 499
The amendment of an affidavit of, relates
back to the original, and excludes interven-
ing contests, where the said amendment
does not introduce new grounds, but merely
makes more specific and definite the original
charge

Will not lie against an Indian allotment
that has been finally approved by the De-
partment......

Against an entry of lands withdrawn for
the benefit of a railroad grant confers no
right as against the grant.

309

167

11

Page.

Instituted for the purpose of protecting

an interest sought to be obtained through a
frandulent entry is speculative in purpose,
and confers no right upon the contestant.. 360
A case, arising on a claim of alleged prior-
ity of settlement right, as against a scrip
location, and wherein each party pays his
own costs, is not a, within the intent and
meaning of the act of May 14, 1880, by which
a preferred right of entry can be secured.. 517

DESERT LAND.

The failure of a desert entryman, who has
made an entry under the act of 1877, to ad-
vise the government, within the lifetime of
such entry, of his intention to accept the
extended provisions of the amendatory act
of 1891, leaves said entry subject to contest
as if said amendatory act had not been
passed
121, 231

HOMESTEAD.

A charge of failure to comply with the
law against the heirs of a homesteader can
not be sustained, where such failure is due
to the wrongful acts of the contestant...... 511
An allegation of settlement subsequent to
that set up in support of a prior adverse
entry affords no basis for....

A leave of absence procured by an entry.
man, who in fact had not established resi
dence on the land, will not operate to defeat
a subsequent, in which abandonment is
charged against the entry.

Will lie against a soldier's additional
homestead entry on the ground of its specu
lative character.

Against a homestead entry, commuted for
town site purposes, will not be allowed after
the issuance of final certificate except
upon a clear showing of facts that neces-
sarily call for action on the part of the gov
ernment

A departmental decision awarding the
priority of right to a homestead claimant as
against a prior pre-emptor, and directing the
suspension of the pre-emption entry to await
the consummation of the homestead claim,
does not relieve the homesteader from the
necessity of showing compliance with law
during the time prior to such decision where
such question was not then taken into con-
sideration..

507

407

163

384

117

TIMBER CULTURE.

Page.

The government will not require the can-
cellation of an entry on account of a failure
to secure a growth of trees that is not due
to bad faith or negligence....

Failure of a timber-culture entryman to
secure the requisite growth of trees does
not warrant cancellation where negligence
or bad faith does not appear

No defense to a charge of non-compliance
with law that the land would not grow trees
without irrigation, and that such treatment
of the land was not practicable.......

No defense to a charge of non-compliance
with law that the entry was included within
a swamp selection.......

172

499

493

484

Right to proceed with pending, not de-
feated by the commutation privilege con-
ferred by section 1, act of March 3, 1891.... 38

Contestant,

See Contest.

A stipulation between the parties that a
hearing ordered on a protest shall be treated
as a contest, will not give the protestant the
rights of a contestant, if he has not brought
himself within the rules regulating the
initiation and prosecution of a contest..... 442

An order for a hearing, based on an affi-
davit accompanying an appeal from the
rejection of an application to enter does not
confer the status of a contestant upon the
applicant......

Is entitled to the benefit of a relinquish-
ment if filed as the result of a contest, though
the charge is technically insufficient to war.
rant a hearing.....

The qualifications of a, are not material
until such time as he may apply to exercise
the preferred right of entry accorded to the
successful contestant.

Page.

Whatever preferred right may exist on
the cancellation of the entry under attack,
is defeated by an intervening proclamation
by the President declaring the establish-
ment of a forest reservation that includes
the land embraced within the contested
entry....

The first, in time is entitled to the first
process and hearing, and if, for any cause,
he fails to sustain his charges, the second
contestant in time is then entitled to be
heard

The departmental instructions of March
30, 1893, with respect to the reservation of
land covered by a canceled entry, for the
exercise of the preferred right of a, are only
applicable to contests prosecuted under the
act of May 14, 1880
Declaratory Statement.
See Filing; Homestead (subtitle Sol-
diers).

Desert Land.

See Contest; Entry.

The provisions of the amendatory act of
March 3, 1891, fixing the price of all, at one
dollar and twenty-five cents per acre, are
applicable to a desert entry of land within
railroad limits, made prior to said act, but
not perfected, as required by law, until
thereafter.

Deserted Wife.

442

See Homestead.

8

106

An agricultural claimant who secures the
cancellation of a mineral claim is entitled
thereby to a preferred right of entry....... 184
A preferred right of entry may be secured
through a successful contest directed against
a desert-land entry, but the contestant in
such case must pay the costs of the contest. 382
The failure of a, to appeal from the rejec
tion of his application to enter, filed on
relinquishment of the entry, will not defeat
his preferred right, as against an interven
ing entryman, who is at the same time prose-
cuting a contest, involving the same tract,
in which the disqualification of said con-
testant is charged but not proven.......... 425
A preferred right of entry is not acquired
through a speculative contest......

426

A second, can not question collaterally the
sufficiency of the evidence upon which a
judgment of cancellation was rendered in a
prior contest against the same entry....... 488

Donation.

Claim under which there has been due
compliance with law constitutes an appro-
priation of the land.

Eminent Domain.

489

501

547

83

470

In the exercise of, a state may condemn
for public purposes, under proper procedure,
lands embraced within Indian allotments.. 24
Entry.

See Application.
GENERALLY.

No rights are secured, as against the
government, by an entry of land withdrawn
from such appropriation; but as between
two claimants for such land, after it is re-
stored to entry, priority of settlement may
be considered

Irregularly allowed of land reserved there-
from may remain intact on the restoration
of the land, and in the absence of any ad-
verse interest .......

Of lands withdrawn for the benefit of a
railroad grant, confers no right as against
the grant....

An entry allowed in violation of the rule
requiring notice of the filing of plat of sur-
vey, will not give the entryman any advan
tage as against an adverse claimant who
alleges priority of settlement..

1

11

01

Page.

A joint, can not be allowed where there is
but one residence and set of improvements
maintained and occupied in common by the
parties, with the intention to take separate
tracts when the land is open to entry.....

Should not be reinstated in the interest
of a transferee who is negligent in prosecut-
ing his claim, and where in consequence of
such negligence adverse rights have inter-
vened...

Right of entryman to file amended affi
davit of qualification not defeated by a
pending contest under which the contestant
can secure no preference.....

May be amended to include an adjacent
tract that was not surveyed at the date of
said entry, but was covered by the original
settlement claim of the homesteader.....

May be so amended as to include land
originally selected by the entryman, and
improved, but not embraced within his entry
for the reason that it was not then sur-
veyed, and he believed that he would be
entitled to make an additional entry thereof
when surveyed .............

236

186

282

177

43

An application under section 2372 R. S.,
for the amendment of a cash entry must be
supported by the affidavit of the original
purchaser or his legal representative....... 112
An application for permission to change,
based on the alleged worthless character of
the tract covered by the existing entry, will
not be granted, where it appears that the
applicant did not make a personal examina-
tion of said tract prior to making entry
thereof.....

483

Page.

During the pendency of a departmental
order suspending a desert entry the claim-
ant is not required to proceed with the
work of reclamation....

The regulations adopted after the passage
of the act of 1877, were formulated on a con-
struction of said act, in connection with
the Lassen county act of 1975, which held
that the right of entry could not be exer-
cised by the same person under both acts,
and no different construction of said acts,
in that particnlar, has at any time been
recognized in the Department......
HOMESTEAD.

See Oklahoma Lands.

382

247

An entry, canceled for failure to submit
final proof within the statutory period,
cannot be subsequently perfected in the
presence of an intervening adverse right... 419
A homestead entry, canceled in part on
account of embracing land on both sides of
a meandered stream, may be reinstated, in
the absence of any adverse claim, it appear-
ing that said stream is not in fact meandered
within the meaning of the law and regula-
tions

A homestead entry may stand intact
though it includes tracts that according to
the public survey are non-contiguous, by
reason of their lying on both sides of a
meandered lake, where it appears that said
tracts in fact form a compact body of land,
and a fractional quarter section, and where
the rights of the entryman are entitled to
an equitable consideration..

Alleged to be in conflict with a mining
claim may be disposed of without regard to
such allegation, where, after due oppor.
tunity given, the mineral claimant fails to
show the extent of said conflict.

The right to make a second homestead
entry under the act of March 2, 1889, can
not be exercised in the presence of an adverse
claim arising prior to the passage of said
act.

The intent of section 2, act of March 2,
1889, was to afford relief to those entrymen
who for some reason had lost their land,
and, under the law, were precluded from
making a second entry. It was not in-
tended to allow those, who made entry
before the passage of the act, to relinquish
and make a new entry..

The right to make a second homestead
entry under section 2, act of March 2, 1889,
can not be exercised by one who since the
passage of said act has perfected title to a
tract under either the pre-emption or home-
stead law, the right to which was initiated
prior to said act.......
.!
TIMBER CULTURE.

Entry of arid land is made at the risk of
the entryman, and his failure to show due
compliance with law will not be excused on
the ground that irrigation of the land is
not practicable.....

463

297

287

184

526

207

493

Page.

Page

A timber-culture claimant, who enters a
tract covered by a swamp selection, is re-
quired to comply with the timber-culture
law, pending the right of the State to be
heard in defense of the selection..........

The privilege of commuting accorded by
section 1, act of March 3, 1891, does not de-
feat the right of a contestant to proceed
with a pending contest.....

Erroneously allowed of land reserved for
the benefit of a railroad grant, may stand as
of the date when such reservation was re-
moved.........

Equitable Action.

See Final Proof.

A protestant without interest does not
have such an "adverse claim" to the land
involved as will serve to defeat a reference
of the entry to the board of equitable adjudi.
cation, if it is otherwise subject to such
disposition.....

Evidence.

484

38

575

442, 467

Additional evidence, under rule of prac-
tice 100, may be filed in ex parte cases at
any stage of proceedings.....

A deposition, under the laws of Minne-
sota, taken for the reason that the witness
cannot be produced at the trial, is not ad.
missible where said witness is present at the
hearing, though he may then refuse to tes
tify....

Objection to, on the ground that it was
not taken before the officer designated in the
notice, is properly overruled, where it ap-
pears that on the day set for hearing both
parties were present, and at such time the
local officers named the officer before whom
the evidence should be taken, and that the
evidence was taken in accordance with said
order.....

19

64

125

In making substituted, to supply testi-
mony lost through no fault of the claimant,
the testimony of said claimant may be taken
before a clerk of a court of record outside of
the land district in which the land is situ.
ated, and the testimony of his witnesses
taken within said land district, with a view
to equitable action on the entry, if the proof
so submitted is found satisfactory... 390
Where a homesteader, under instructions
of the General Land Office, submits, after the
expiration of the statutory life of his entry,
and a protestant, without interest, appears,
and objects thereto on the ground of the
entryman's failure to submit his proof
within the period provided by law, said
protestant does not have such an "adverse
claim" as will defeat equitable action on the
final proof if it be found otherwise satisfac-
tory..

Entryman should be notified of the expi-
ration of the statutory period for submission
of.......

Taken without publication of notice can
not be accepted in the commutation of a tim-
ber-culture entry under section 1, act of
March 3, 1891...........

467

469

61

A wagon road company is not entitled to
special notice of a settler's intention to sub-
mit, if it has no specific claim of record for
the land claimed by the settler............ 490

Florida.

See Mineral Lands.

Fraud.

In the investigation of a case where
fraud is alleged against an entryman, proof
of other acts of a simiar nature, done con-
temporaneously, or about the same time,
is admissible to show such intent

258

A married woman, whose husband from
disease and infirmity is permanently inca-
pacitated to support the family, is qualified
to make entry as the "head of a family "... 85
A deserted wife may make a homestead
entry, with credit for previous residence on
the land, where her husband's entry thereof
is canceled for failure to make final proof
within the statutory period........
ADDITIONAL.

The right to make an entry under the act
of March 2, 1889, can not be exercised in the
presence of an intervening adverse claim
arising through the negligence of the home-
steader to assert his additional right within
the statutory period....
ACT OF JUNE 15, 1880.

A purchase should not be allowed pend-
ing contest against the original entry, but
a purchase so allowed may stand subject to
the exercise of the preferred right of the
contestant. A subsequent pre-emption fil-
ing for the land by the contestant, who is
not qualified to exercise the preferred
right, will not, proprio vigore, effect a can-
cellation of the cash entry and open the
land covered thereby to appropriation by
other applicants..
SOLDIERS.

......

A soldier's declaratory statement filed by
an authorized agent of the soldier, and
abandoned, exhausts the homestead right
of the soldier...

One who files a soldier's declaratory
statement, and entrusts the selection of the
land to an agent, is bound thereby and dis-
qualified to exercise the homestead right on
another tract.......

The right of a homesteader, who files a sol-
dier's declaratory statement, to make entry
dates from such filing, and he cannot
thereafter, as against an intervening ad-
verse claimant, take advantage of a settle-
ment made prior to said filing.

A record of dishonorable discharge from
the military service disqualifies the soldier
for the exercise of the soldier's right; but
when, by special act of Congress, the record
is changed, and an honorable discharge
directed, the soldier may then exercise said
homestead right.......

242

371

182

60

274

241

546

SOLDIER'S ADDITIONAL.

See Contest.

Act of August 18, 1894, validating certifi-
cates of right; circular of October 16, 1894. 302
The act of August 18, 1894, validating
certificates of, in the hands of bona fide pur-
chasers, can not be invoked to defeat rights
which accrued prior to its passage..

The sale of a soldier's additional right,
and attempted transfer thereof by power of
attorney to locate the certificate of said
right, is made good in the hands of the pur-
chaser by the act of August 18, 1894, and
such purchaser is accordingly entitled to
the possession of the certificate....................

The right to make entry is a personal
right, and can only be exercised in behalf,
and for the benefit of the soldier entitled
thereto.....

160

268

547

The location of, under a certificate of
right obtained through a transfer of the
soldier's right, at a time when such action
was held invalid by the Department, will
not preclude the perfection of an additional
entry subsequently made by the soldier and
transferred to purchasers in good faith.... 465
An entry, made in pursuance of a con-
tract to sell the land on the issuance of final
certificate, should be canceled as specula-
tive and fraudulent.

One who admits the "transfer of his right
for a valuable consideration" can not be
allowed to make an entry in his own
person

........

Indemnity.

See Railroad Grant, School Land, Swamp
Lands.

Indian Lands.

See Oklahoma Lands.

An Indian may not be a member of two
tribes in a sense that will entitle him to
secure lands from both tribes under the pro-
visions of the allotment act of February 8,
1887....

163

223

329

The departmental approval of an Indian
allotment is a final determination of the
right of the Indian thereto, and a contest
against the same will not be entertained... 167
In the exercise of the right of eminent
domain a State may condemn for public pur-
poses, under proper procedure, lands em-
braced within Indian allotments.......

The relinquishment to the United States
by the Indians of their interest in the Fond
du Lac Reservation does not defeat their
subsequent claim for damages on account
of the location of a railroad right of way
through said reservation prior to such re-
linquishment.

Prior right of Indian occupancy, so long
as undisturbed by the government, defeats
the enforcement of the swamp grant

24

320

...... 518