The act of February 13, 1891, directing
the disposition of Fort Ellis military, pro-
tects only such settlement rights as were
recognized by the act of July 5, 1884....... 288
An order suspending public land from
disposal to prevent the fraudulent entry
thereof is within the authority of the Com.
missioner of the General Land Office................. 326
Of land by executive order for the use of
Indians excludes the acquisition of settle-
ment rights thereto

Of lands for reservoir purposes under the
act of October 2, 1888, not defeated by a pre-
ëmption settlement and filing on the land
included therein

Created at Fort Cœur d'Alene by the or-
der of August 25, 1879, was not continued in
force by the failure of the General Land
Office to officially notify the local office of
the executive order of April 22, 1880, modi
fying the boundaries thereof...
Reservoir Lands.

See Reservation.

Residence.

Can not be established nor maintained
through a tenant...

Acquired in the first instance only by ac-
tual presence on the land, but continuous
presence thereafter is not essential to the
continuity of such residence

437

438

468

Page.

Can not be maintained by a married wo-
man, separately from her husband, in a
house built across the line between two set
tlement claims

During the existence of the marital rela-
tion can not be maintained by a married
woman, separately from her husband, in a
house built across the line between two set-
tlement claims held by each separately; and
such residence confers no rights that can be
perfected by the heirs of the wife.......
HOMESTEAD.

Not required of the heirs of a deceased
homesteader to perfect the claim of the de-
cedent......

Failure of a homesteader to establish, can
not be excused on the ground that it was
due to his arrest under a criminal charge
and subsequent sentence thereunder......

443

197

562

239

One who relinquishes a part of the land
covered by a filing, and makes homestead
entry of the remainder together with
another tract, is not entitled to claim resi-
dence on the latter except from the date of
entry
645

OSAGE.

Six months' residence prior to final proof
not required of purchaser of Osage, but
actual settlement must be shown by acts
that indicate an intent to take the land for
a home to the exclusion of one elsewhere.. 12
Six months' continuous, next preceding
final proof, not required, but after settle-
ment is ma de the residence should be con-
tinuous until final proof, and a home main-
tained on the land to the exclusion of one
elsewhere......

Res Judicata.

See Railroad Lands.

Review.

See Practice.

199

Revised Statutes.

In good faith in a house believed by the
entryman to be upon the land entered is
constructive residence on such land........ 67
Failure of the wife and children of the
claimant to reside on the land until after in-
itiation of the contest does not necessarily
impeach the good faith of the claimant..... 472
During suspension of the township plat a
temporary absence from the land prior to
final proof, but after full compliance with
law in the matter of residence, will not af
fect the right of the settler....

See Revised Statutes, cited and construed,
page xix.

Right of Way.

290

633

Failure to maintain may be excused
where by intimidation and armed violence
the settler is driven from the land, and by
such means prevented from returning
thereto......

Action of the Department authorizing
the construction of a road across an Indian
reservation, pending the completion of the
necessary arrangements, is not final in its
character and confers no vested rights.... 481
The proviso in section 5, act of March 3,
1875, does not render s aid act generally ap-
plicable where a right of way is provided for
under treaty stipulation but provides that
when such privilege has been specifically
granted the provisions of said act shall
govern so far as applicable................

Conveyances for, executed by Indians
holding under patents in which the right of
alienation is dependent upon the President's
approval, must be submitted to the Presi-
dent for his action.......

The map submitted with application for,
should be in the form of one continous map,
and not in detached sections

The Secretary of the Interior has the
power to annul the action of his predecessor
in approving the map of definite location,
where such approval is secured by fraud
and misrepresentation and for a purpose
not authorized by law.

481

481

552

574

See Indian Lands, States and Territories.
In adjusting the grant to the State of Col-
orado, indemnity may be allowed for lands
lost by settlement and entry, and also where
the bases are covered by military reserva-
tions or patented private claims......

Indemnity selections may be made from
lands that are reasonably contiguous to the
bases (Colorado)....

In States where two sections to each
township are granted, twice the amount
specified in section 2276, R. S., will be al-
lowed for deficiencies in fractional town.
ships........

Indemnity selections by the Territory of
Washington under the act of 1859, reserve
the land selected, and the act admitting
the Territory into the Union does not release
the land from such reservation

Fee to the school sections within the Me-
nomonee reservation passed to the State
(Wisconsin), subject to the Indian occu-
pancy, which can not be disturbed by the
State nor its assignee

Page.

Where the fee of, is in the United States
at date of survey and the land is so encum-
bered that possession does not then vest in
the State, it can, if it so elects, take lieu
land, or wait till title and right of posses-
sion unite in the government..............
Settlers on Territorial, after survey, can
not be authorized by the Department to re-
main in occupancy until the lands are sub-
ject to diposal by the State

The State by accepting indemnity in lieu
of a deficiency shown by the existing sur-
vey is divested thereby of all right to the
basis, and can asert no claim thereto under
a later survey and after the rights of third
parties have intervened

180

183

..... 390

Sioux half-breed, issued under the act of
July 17, 1854, is not transferable, and the
beneficiary is estopped from denying the
validity of a location made under a dupli-
cate issue, as such location could only be
made for his benefit....
105

Where title has been acquired through
location of duplicate, the beneficiary can not
locate the original on another tract while
patent to the former is outstanding........ 106
Sioux half-breed, intended as an evidence
of a personal right in the half-breed to lo-
cate, and receive patent for the number of
acres named therein, and can not be used to
secure title to lands except for the benefit
of the half-breed......

A location of Sioux half-breed, by one act-
ing in his own interest and not for the half-
breed, is in violation of the statute under
which the scrip issued

138

138

Page.

Land within the corporate limits of the
city of Chicago is not vacant public land,
and as such subject to location with McKee
scrip..
Settlement.

Made without violence within the unlaw-
ful and unauthorized inclosure of another
is valid and will not be defeated by such
unlawful occupancy

389

...382, 488
Land included within a pending order for
its sale as an isolated tract is not subject to. 397
The act of, is complete from the instant
the settler goes upon the land with the in-
tention of making it his home, and performs
some act indicative of such intent......

Act of, is sufficient if it tends to disclose
a design to appropriate the land in accord-
ance with the law.

No rights acquired by, where the land is
included within a reservation created by
executive order.....

A canceled entry is no bar to the subse-
quent acquisition of settlement rights by
another

Of an alien, confers no right to public
land.....

Where rights are claimed under the acts
of one who is an alien by nativity it must
be affirmatively shown that the disqualifica-
tion in the matter of citizenship was re-
moved during the existence of the alleged
settlement..

415

415

437

488

507

171

An earlier special statute is not repealed
by a later general act

401

507

Suspension of township, precludes the
submission of final proof for land embraced
therein...

Swamp Land.

The right to contest selection of, is recog.
nized as an aid in determining the true char-
acter of the land..

......

A waiver of the State's right to submit
testimony in support of its claim, by one
authorized to examine witnesses on behalf
of the State, is conclusive in such matter as
against the State, and it will not be heard
to say thereafter that it had no opportunity
to offer snch testimony
Land that can not be cultivated to agri-
cultural
falls within the terms of the
crops
grant
The Department retains jurisdiction over,
until the issuance of patent, and may re-
voke the approval and certification of lists
when made upon a misapprehension of the
facts

633

64

276

278

565

Under the proviso to section 4, act of June
3, 1878, action will not lie for timber cut
from unsurveyed land and used by one in
the improvement of his own land, and under
the act of March 3, 1891, the fact of such
use may be set up in defense to any civil or
criminal action.......
216

Regulations of May 5, 1891, with respect
to timber cutting on the public domain, as
modified by the act of March 3, 1891, and
the amendatory act of the same date.......
Timber Lands.

456

The act of October 1, 1890, providing for
the reservation of certain forest lands in
California is not defeated by pending appli-
cation to purchase the land covered thereby
under the act of June 3, 1878.............58, 326
Instructions to special agents in the mat-
ter of procuring the requisite information
upon which to order the reservation of forest
lands under section 24, act of March 3, 1891.. 499
Timber and Stone Act.

In contest cases arising in the allotment
of Oklahoma townsite lots, rule 42 is modi-
fied. Circular order of August 18, 1890.... 186
Rules of practice modified in Oklahoma
cases; instructions of August 21, 1890...... 187
Section 16, act of March 3, 1891, is not re-
trospective in its operation
.513, 662, 686

Circular of May 8, 1891, amending para-
graphs 13 and 23 of the regulations issued
June 18, 1890..

Entry can not be allowed where it is ap-
parent that the application is in the interest
of a fraudulent speculation........................

612

653

Page.

Under a patent for, in which no portion
of the surface ground is excepted from the
land described therein, the departmental
jurisdiction over said land terminates, even
though said instrument declares that no title
to any mining claim shall be acquired
thereby, and it subsequently appears that
it includes a lode claim known to exist at
the date of the townsite entry...........

Patent issued for a, that includes a known
lode claim, based on a record location made
prior to the townsite entry, should be va-
cated by judicial proceedings so far as in
conflict with said claim

686

686

Wagon Road Grant.

Page.