man must comply with all the provisions of the act of June 17, 1902, and must relinquish all the land embraced in his entry in excess of 160 acres; and upon making final proof and complying with the terms of payment prescribed in said act of June 17, 1902, he shall be entitled to patent.
78. Special attention is called to the fact that nothing contained in the act of June 27, 1906, shall be construed to mean that a desertland entryman who owns a water right and reclaims the land embraced in his entry must accept the conditions of the reclamation act of June 17, 1902, but he may proceed independently of the Government's plan of irrigation and acquire title to the land embraced in his desert-land entry by means of his own system of irrigation.
79. Desert-land entrymen within exterior boundaries of a reclamation project who expect to secure water from the Government must relinquish all of the lands embraced in their entries in excess of 160 acres whenever they are required to do so through the local land office, and must reclaim one-half of the irrigable area covered by their water right in the same manner as private owners of land irrigated under a reclamation project.
FRED DENNETT, Commissioner.
Circular of November 3, 1909, relating to applications, selections, etc., covering un- surveyed lands............
Instructions of September 22, 1884, modi- fied to permit applications to enter to be received and suspended subject to the dis- position of prior rejected applications; but entries thereunder should not be allowed until the prior applications have been finally disposed of........
The elimination of one of the tracts em- braced in an application to enter does not constitute an amendment thereof or render it subject to a conflicting state selection filed subsequent to the application but prior to the elimination...
In case of the death of an applicant whose application was received during the thirty- day preferred period accorded a successful contestant and held subject to contestant's right, his heirs, upon expiration of the pre- ferred period without action by contestant, are entitled to complete the right initiated by the application and perfect entry there- under in accordance with section 2291, R. S. 521 An appeal from the rejection of an appli- cation to enter entitles the applicant to judgment only as to the correctness of such action at the time taken and upon the show- ing made when the application was pre- sented to and passed upon by the local offi- cers; and if properly rejected when pre- sented, it should not thereafter be allowed, upon a supplemental showing filed with the appeal, to the prejudice of an intervening application filed prior to such appeal and supplemental showing..
Approximation.
See Public Land.
The rule of approximation is applicable to reclamation homesteads and to desert entries within reclamation projects..... 513
Cemeteries and Parks.
General circular of August 7, 1909, relating to townsites, parks, and cemeteries......
Citizenship.
See Isolated Tract.
One who at the date of the admission of South Dakota into the Union was an inhab- itant and recognized as a member of that political community became by such admis- sion a citizen of the United States; and his minor children at that time residing in the United States thereby, by virtue of the pro- visions of section 2172 of the Revised Stat- utes, also became citizens....
Circular of September 7, 1909, relative to protection of surface rights of entrymen.... 183 Form 4-357, relative to election to take patent to surface rights, amended..
The term "person" as employed in the act of March 3, 1909, includes a State; and where lands embraced in a state selection are sub- sequently classified as coal, the State is enti- tled to the right of election provided by that act...
The fact that at the date of the act of March 3, 1909, the land embraced in a home- stead entry had been, in a contest proceed- ing then pending, adjudicated by one of the tribunals of the land department to embrace land chiefly valuable for coal, will not deprive the entryman of the right to a patent under that act, if otherwise within its terms.......
No complete equitable interest or title vests in a State by the approval of a segrega- tion list under the Carey Act; and if subse- quent to such approval and prior to final approval of the patent list lands in the segregation list are classified as coal, the department is without authority, so long as such classification stands, to approve or patent such lands to the State, except in accordance with the act of March 3, 1909.... 508 The benefits of the act of May 28, 1908, authorizing the consolidation of claims or locations of coal lands in Alaska, can be shared only by persons who made such loca- tions in good faith-that is, honestly and lawfully-prior to November 16, 1906, in their own interests individually, without fraud, collusion, or deceit, or any purpose to violate any provision of the law.
If certain agreements or arrangements named, for transferring entries to a com- pany or corporation, were entered into by locators of coal lands in Alaska after they had made their locations in good faith and in their own interest alone, such locations may, under the provisions of the act of May 28, 1908, lawfully pass to entry and patent in accordance with the terms of said act; but if these agreements or arrangements were entered into prior to such locations being made, the locations do not come within the provisions of the act and can not be lawfully passed to entry and patent.....
If an application to purchase, under sec- tion 2347, Revised Statutes, is presented and accepted at a time when the land is not subject thereto, but, upon elimination of the obstacle, is prosecuted openly and regularly to completion, without objection or adverse application by another in the interval or within a time reasonably sufficient for the prosecution of such proceedings, were the earlier application not suspended or im- peded by any rule or action of the land de- partment which would be equally applica- ble to a later application, the first should be sustained. If, however, a later applicant seasonably after the restoration presents his application and seeks to perfect it, the first and premature application should not en- joy an unfair advantage because of priority, but the other should be preferred....... Confirmation.
While the Government may prosecute investigations under proceedings begun against an entry within two years after final receipt at any time until the suspension on account thereof has been formally removed, it may not, after two years, require the en- tryman to furnish additional evidence of his compliance with law, unless such re- quirement be in furtherance of like action taken prior to the expiration of that period. 34
Contest. Page. An offer to sell the relinquishment of an entry is not of itself a sufficient ground for contest...
The charge that the assignee of a desert- land entry is disqualified to take by assign- ment is sufficient basis for a contest....
Land unadapted to any agricultural use is not subject to entry under the homestead law; and an affidavit of contest in effect charging such inadaptability is sufficient basis for a hearing...
The submission of final proof within the lifetime of a homestead entry prevents ex- piration thereof during the pendency of the proof; and it is competent for the land de- partment at any time while the entry re- mains in force to entertain a contest against the same..
In a contest against a homestead entry on the ground of abandonment it is not neces- sary, under the act of June 16, 1898, to either allege or prove that the entryman's absence was not due to military service, where the United States was not engaged in war during the period of abandonment charged. ...... 317,563
Where an affidavit of contest charging abandonment is properly rejected because prematurely tendered before the expiration of six months and one day after entry, and a second affidavit is filed by another person after the expiration of that period, the sec- ond contest is entitled to priority, notwith- standing the affidavit was executed prior to the expiration of the period mentioned, es- pecially where both affidavits were exe- cuted the same day..........
Rejection of the commutation proof of- fered by a homestead entryman does not necessarily, in the absence of an adverse claim and where sufficient time remains within which the entryman may comply with law and submit new proof, result in cancellation of the entry; and the fact that commutation proof was rejected by the local officers and the General Land Office and is pending before the department on appeal is not, in such case, sufficient reason for re- fusing to accept a contest against the entry based upon a charge which if proven would necessitate cancellation of the entry........ 563
Regulations of June 1, 1909, with respect to preference right where there are two contests and relinquishment is filed...... 23 Where at the time of the initiation of a contest the contestant has a relinquish- ment of the entry in his possession or under his control, it can not in any sense, upon be- ing subsequently filed, be treated as a result of the contest, so as to give the contestant any rights as against a settler on the land.. 381
Where one who had exhausted his right by taking an entry by assignment was never- theless permitted to make another entry in his own name, it may be permitted to stand if within the provisions of the act of March 26, 1908, authorizing second desert entries, notwithstanding a pending contest charging disqualification at the time the entry was made...
Where assignment is made of a desert- land entry and the assignee recognized by the General Land Office, the entryman or person making the assignment thereby parts with his title to the land, even though it be subsequently shown upon contest or investigation that the assignee is not quali- fied to hold by assignment....
It is not of itself evidence of fraud, or ground for contest, that a group of desert- land entrymen agree voluntarily to subject their lands to the support of an irrigation system from which water may be taken for their-reclamation..
Where the final proof submitted upon a desert-land entry shows that the entryman has cultivated and irrigated at least one- eighth of the land, and has constructed ditches, owns a sufficient water right, has brought water to the land, and is prepared to turn water upon the entire tract when it shall have been cleared and prepared for cultivation, he is not required to show further that water has actually been distrib- uted over all the irrigable land in the entry. 420
Section 3 of the act of March 28, 1908, au- thorizing an extension of time for the sub- mission of final proof upon desert-land en- tries where by reason of unavoidable delay in the construction of the irrigating works the entryman is unable to make proof of rec- lamation and cultivation within the time fixed by statute, furnishes no authority for an extension of time to enable the entryman to submit proof of annual expenditures.... 215 Where a government reclamation with- drawal interferes with and results in the abandonment of a private cooperative irriga- tion enterprise, a desert-land entryman interested in such enterprise and prevented by the abandonment thereof from continu- ing his improvements and submitting proof within the time fixed by law is within the act of June 27, 1906, and entitled to an exten- sion of time under its provisions.....
Instructions of August 11, 1909, relative to publication of final-proof notices and dis- cretionary authority of registers in making selection of newspapers for that purpose... 131 An application for extension of time with- in which to submit final proof upon a desert- land entry, and the affidavits to support the same, must be executed before some officer within the provisions of the act of March 4, 1904; and where executed before a notary public can not be accepted..
Rejection of the commutation proof offered by a homestead entryman does not necessarily, in the absence of an adverse claim and where sufficient time remains within which the entryman may comply with law and submit new proof, result in cancellation of the entry.
Land unadapted to any agricultural use is not subject to entry under the homestead law...
The fact that land is covered with valu- able timber does not exclude it from entry under the homestead law, where of such character that it would be suitable for agri- cultural use if the timber were removed; but land of a character not adaptable to any agricultural use is not subject to home- stead entry..
One who holds land under an unperfected desert-land entry is not the proprietor there- of within the meaning of the statute holding disqualified to make homestead entry one who is the proprietor of more than 160 acres of land
A transfer of land by one owning more than 160 acres, for the purpose of qualifying himself to make a homestead entry, is not a violation of law, provided the transfer is final and made in good faith...
One who enters into an oral agreement to purchase land, and makes part payment of the purchase price, is not the proprietor of the land within the meaning of the provi- sion of the homestead law declaring dis- qualified to make homestead entry one who is the proprietor of more than 160 acres, where under the laws of the State such oral agreement and part payment do not con- stitute such part performance as will take the contract out of the Statute of Frauds... 613 ENTRY.
One holding the naked legal title to a tract of land in which he has no beneficial interest but holds as mere dry trustee for another who paid the consideration therefor is not the proprietor thereof within the meaning of section 2289 of the Revised Statutes, de- claring disqualified to make homestead entry one who is the proprietor of more than 160 acres of land in any State or Territory.. 201 Instructions of March 29, 1910, respecting second homestead entries..
A homesteader who had actually aban- doned his entry, and which was subject to cancellation on the ground of abandonment at the date of the act of February 8, 1908, comes within the provisions of that act, and is not disqualified as a settler with a view to second entry thereunder by reason of the fact that his abandoned entry is still of rec- ord..
The acts of April 28, 1904, and February 8, 1908, authorizing second homestead entries, do not take away from the Secretary of the Interior the discretionary power theretofore vested in and exercised by him as head of the land department to permit second en- tries on equitable grounds in meritorious cases where the first attempt to exercise the homestead right failed of consummation because of accident, mistake, or other suffi- cient cause.....
A homestead entryman who executes a relinquishment and places it in the hands of another, who disposes of it for a valuable consideration, is disqualified to make sec- ond entry under either the act of April 28, 1904, or the act of February 8, 1908, regard- less of whether he actually received any part of the consideration for which it was sold... 394 A homestead entry by one who purchased the improvements and relinquishment of a prior entryman will not be canceled to rein- state the former entry, in the absence of fraud or bad faith, merely because the relin- quishment of the former entry was filed after the entryman's death.
The relinquishment of part of a home- stead entry, which would render the re- maining tracts noncontiguous, should not be accepted...
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 Ad- judication with a view to confirmation..... 412 WIDOW.
Upon the death of a homesteader prior to consummation of his claim his widow, if there be one, succeeds under the homestead law to his right to the land; and the state courts have no jurisdiction to interfere with or divert the succession so fixed by federal statute..
A soldiers' declaratory statement trans- mitted to the local officers by mail has, when filed, the same effect as though filed in per-
Where a soldier selects the land and makes the declaratory statement in person in his own name, the prescribed form should be verified before some officer designated in the act of March 4, 1904 ...
« iepriekšējāTurpināt » |