should be made to the local officer of the Reclamation Service. 39-2

151. Upon the issuance of a waterright certificate the right evidenced thereby becomes appurtenant to the land, subject to forfeiture for failure to pay the annual installments at the time and in the manner prescribed by law and the regulations, and a subsequent purchaser of the land succeeds to the rights and status of the original owner, subject to the same charges and conditions. 39-580

152. Applications for water rights under the reclamation act by individual lot owners for lands which have been subdivided into town lots will not be allowed; but water may be supplied to town's from reclamation projects by delivery to some convenient point, to be handled and distributed to the inhabitants of the town by the municipal authorities in accordance with the provisions of the act of April 16, 1906. 39-591

153. Where after application for water right for the irrigable area of a farm unit, under the terms and for the acreage fixed in the published notice, a second notice is given showing an increased irrigable area in the farm unit and fixing a different rate per acre, the applicant is entitled to complete payment for the area originally fixed at the rate specified in the first notice, but as to water right for the additional irrigable acreage shown by the second notice, he will be required to pay at the rate fixed in the latter notice.

39-351

154. Water in irrigation canals constructed and operated under the reclamation act, which has not become appurtenant to any land and is not needed for irrigation, may be temporarily disposed of by lease, in the discretion of the Secretary of the Interior, the proceeds to become a part of the reclamation fund. 40-573

155. A successful contestant of an entry within a reclamation project will be required, in making entry in exercise of his preference right, to pay the building charge obtaining at the time his application is filed, and is not entitled to the rate in effect when the former entry was made nor to credit for the payments made by the former entryman. 40-458

156. The fact that a widow who under section 2291, Revised Statutes, succeeds to the right of her husband in an unperfected homestead entry within a reclamation project has previously secured water from the project for reclamation of land held by her in private ownership in no wise affects her right to acquire water under the project for completion of such entry under the reclamation act. 40-116

157. Where the irrigable area of a legal subdivision embraced in an entry within a reclamation project is shown on the duly approved farm-unit plat to be greater than the entire area of such legal subdivision shown on the prior township plat, applications for water rights and payments therefor should be made on the basis of the actual irrigable area, and not on the basis of the acreage shown on the township plat. 40-600

171. Order of December 27, 1910, relating to high-land areas in Minidoka project. 39-528

172. Public notice of January 23, 1911, as to operation and maintenance charges in Minidoka project. 39-523

173. Orders of March 18, 24, and 31, 1911, relating to charges, water supply, etc., in Minidoka project. 39-529, 530, 531 174. Order of June 8, 1911, respecting payment. 40-138 175. Public notices of December 30, 1911, and March 21, 1912, concerning charges. 40-330, 511

Shoshone.

184. Orders of February 6 and March 25, 1911, relating to water supply, payment, etc., in Shoshone project.

39-537, 538

185. Public notice of May 20, 1911, relating to water, payments, entries, etc. 40-122

186. Public notice of February 9, 1912, concerning charges. 40-422

187. Public notice of March 23, 1912, concerning water service. 40-515

Sun River.

188. Instructions of October 1, 1908, governing sale of lots in Fort Shaw and Simms townsites in Sun River project.

37-179

189. Order of March 28, 1911, concerning payments under Sun River project. 39-614

Sunnyside.

190. Public notice of February 29, 1912, concerning water service. 40-437

Tieton Unit.

191. Order of April 14, 1911, relating to water rights. 40-33 192. Public notice of April 18, 1912, concerning water service, charges, entries, etc. 40-579

Truckee-Carson,

193. Instructions of August 18, 1904. 33-190

194. Directions given relative to the publication and posting of notice, under section 4 of the act, regarding the lands irrigable under the Truckee-Carson irrigation project in Nevada. 33-158

195. Regulations of June 25, 1908, concerning applications and charges for water rights. 36-546

196. Order of April 22, 1911, relating to payments. 40-51 197. Public notice of February 8, 1912, concerning payments. 40-422 198. Where an entry within the TruckeeCarson project was made too late in the year 1907 to obtain any benefit by the use of water for the crop season of that year, the first installment for water-right charges did not, under the instructions of May 6,

1907, considered in connection with the instructions of August 5, 1904, become due until December 1, 1908. 38-374

199. The first installment of building charges against lands held in private ownership within the Truckee-Carson project was due and payable December 1, 1907, notwithstanding application for water right was not filed until after the close of the irrigation season of that year. 39-571

200. The regulations of November 1, 1907, with respect to water rights in the Truckee-Carson project did not take effect until January 1, 1908, and a water-right application filed in the meantime is subject to the regulations of May 6, 1907.

5. An attorney in good standing before the Land Department, prior to filing his appearance in a case, but preliminary thereto, is entitled to inspect the record and all papers on which action has been taken affecting the right of the parties.

5-400

6. An attorney in good standing before the Land Department is entitled to inspect reports of a special agent on which final action has been taken by the General Land Office adverse to the interests of his client. 24-379

7. A stranger may not inspect the papers in a case in the General Land Office except as the attorney of record. 2-222

8. Where the documents in evidence in the General Land Office are original and properly belong elsewhere, especially when they are not yet properly before the commissioner, they may be withdrawn after 2-651 copies are made.

9. The proper examination or use of the plats and other public records in the local offices is not prohibited by law and should not be denied except where it will interfere unnecessarily with the public business. 2-197, 656; 3-174

10. In the local land offices, should be treated as open to inspection by the public. subject only to the restriction that such examination shall not interfere with the orderly dispatch of public business.

27-625

11. While the public records of local land offices and surveyor generals' offices are open to inspection by the general pub lic for information as to all matters iz which an individual may have an interest. it is the duty of the officers having such records in charge, in the exercise of a sound discretion, to see that the privilege of examining and taking copies of the same is not abused by using the same merely for the purpose of obtaining information having no reference to any particular interest, with a view to selling the information thus obtained as opportunity may offer. 37-599

12. Registers and receivers of other than consolidated offices may not furnish abstracts from the records for private use and charge therefor except in the case of plats and diagrams. 2-655

14. A request for information as to the cost of certified copies of specified papers in the General Land Office is entitled to a response, with such information as may be required to form the basis for a request for such copies. 24-415 15. May be corrected where, through negligence of the local office, it does not show the facts. 15-31

16. An omission of the records in the local office to show the filing of an application to enter may be supplied by affidavits. 17-53, 279 17. Parol evidence may be accepted to show facts that should have appeared of record, but were omitted therefrom by the local office. 22-630

18. An affidavit made to supply certain alleged omissions of matter from the record, which should appear therein, if it exists in fact, will not be stricken from the files, on motion therefor, if the facts, as alleged in said affidavit, are not denied.

20. Question as to correctness of, is too late when raised for the first time on review. 19-473

21. In no case should notations on the official tract books be expunged or erased. If a notation is made that is afterwards found to be erroneous, the record should be corrected by another entry thereon showing the error. 16-409

22. To cure a defect in official proceedings a former local officer, whose term of office has expired, may append his signature to a jurat accompanying evidence that was submitted before him while holding said office. 17-96

23. In the absence of an official record, showing the purchase of a tract, there is no basis for a patent.

20-330

24. Circular of May 18, 1904, under act of April 19, 1904, relative to production in court, for use as evidence, of original papers on file in General Land Office.

32-635

25. The record of the United States relating to enrollment, muster, and dis75325°-VOL 1-13-40

charge of members of its armies must control in all actions of the departments of the Government; and the fact that a State record with respect to the service of a soldier does not agree with the United States record can not be considered as in any wise impeaching the record of the Government. 37-588

REGISTER.

See LAND DEPARTMENT, IV.

REHEARING.

See PRACTICE, XII.

REINSTATEMENT.

See APPLICATION, 75-76; ENTRY, VII; RAILROAD LAND, 140-153.

RELATION.

1. The doctrine of, can only be invoked to preserve a right, not to create one. 4-117; 6-100; 10-464; 32-377

2. The doctrine of relation can not be invoked to the disadvantage of intervening adverse claims, nor to permit anyone to secure more land by indirect means than may be done directly. 39-460

RELICTION.

See PUBLIC LAND, 8.

RELINQUISHMENT.

See APPLICATION, X; CONTEST, 420, 487-489, 638-639; CONTESTANT, 42-65, 101-104; INDIAN LANDS, 71-72, 87-91; RAILROAD GRANT, XII, XIII.

1. When filed, is equivalent to cancellation under the act of May 14, 1880. 1-122 2. When filed, operates co instanti to release the land from the entry, 3-343;

4-123, 188, 196, 506; 7-561; 10-139; 18-589

3. Takes effect when it is filed in the local office and operates eo instanti to release the land from the effect of the filing or entry. The subsequent notation of the relinquishment on the records of

the General Land Office is merely a clerical act. 23-492

4. The filing of an unconditional relinquishment operates eo instanti to terminate the entry, which is thereafter no obstacle to the making of a second entry by the entryman, notwithstanding it may remain uncanceled of record. 37-383

5. Takes effect immediately on filing notwithstanding a pending contest and opens the land to entry of the first legal applicant, subject to the preferred right of the successful contestant.

2-266, 283, 313, 619 6. Of part of an entry relieves the land covered thereby from reservation, but does not affect the remainder. 22-128

7. The relinquishment of part of a homestead entry, which would render the remaining tracts noncontiguous, should not be accepted. 38-412

8. Where, however, such a relinquishment was accepted, and the entryman upon faith of such action complies with the law and submits proof with respect to the remaining noncontiguous tracts, the entry may be submitted to the board of equitable adjudication with a view to confirmation.

38-412

9. The practice adopted in some local offices of allowing the filing of relinquishments conditionally will no longer be permitted. Hereafter the filing of a relinquishment of an entry or claim under the public-land laws will work a cancellation of the entry or claim and will be at once noted of record, the land being thereby cleared. 40-397 10. Should be received when presented and entry canceled. 5-451

11. Should not be accepted and acted upon during the pendency of a departmental order suspending the entry involved. 18-226

12. After relinquishment the land is subject to the first legal application. 3-320

13. On cancellation after, the land is open to entry by the original entryman, if qualified, the same as by any other applicant. 13-638

14. Filed during the appeal of an adverse applicant leaves the land open to the first legal applicant, subject to final disposition of the pending appeal. 13-590

15. Takes effect of the date filed, though action thereon may be delayed pending proof required as to identity of the party executing the same. 6-579

16. An entryman may relinquish at pleasure any legal subdivision of his entry, if no transfer thereof has been made, and such relinquishment will take effect immediatey upon its filing. 31-137

17. Relinquishments of entries run only to the United States, and when filed for any purpose operate to clear the record of the entries to which they relate and should generally be retained as part of the records of the Land Department.

66

23. While section 1, act of May 14, 1880, providing that upon relinquishment of a preemption, homestead, or timber culture" claim the land shall be at once open to settlement and entry, does not specifically embrace timber and stone entries, the Land Department has adopted a rule of procedure with respect to relinquishments thereof similar to that outlined therein. 36-440

24. No such rights are acquired by an application to intervene in proceedings instituted by the Government against a final entry as will prevent acceptance of a relinquishment of the entry and the allowance of another application for the same land. 36-440

25. Effectually divests the entryman of all claims under the entry. 3-468;

4-29, 587; 8-606