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INDEX.

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Page.

The rule that holds an entry invalid if
based upon papers executed while the land
is not subject to such appropriation, is not
applicable to lands that have been restored
to the public domain by act of Congress, but
not formally declared open to entry by the
General Land Office at the date of the exe-
cution of the papers.....

To make entry of land embraced within
the uncanceled entry of another gives the
applicant no right, even though the statutory
life of the record entry had expired at the
date of said application.

To enter embracing non-contiguous tracts
may be allowed to stand, as to the contiguous
tracts, on the applicant's relinquishment of
the non-contiguous subdivision....

To enter properly rejected, and pending
on appeal, does not oust the local office of its
jurisdiction over a subsisting entry of the
land involved..

The tender and rejection of, can not oper.
ate to deprive the claimant of his right to
again present his application for proper ac-
tion thereon.......

570

467

547

442

547

It is no objection to, that it is tendered
prior to business hours in the local office
where said application is retained by the
local officers and duly acted upon during the
business hours of that day; nor does the
fact that said application bears the date of
the day previous impair its validity, when
it was presented on said date and refused
because filed out of business hours......... 547
A departmental decision allowing an ap-
plication to make entry, subject to the pre-
ferred right of a contestant, cuts off all
claims arising after the filing of said appli
cation, if it subsequently appears that the
contestant is not entitled to make entry.... 160
To enter rejected by final decision of the
Department is res judicata, and can not be
reinstated with a view to its allowance un-
der a changed construction of the law...... 459
In determining priority of, the statements
of the local officers, contained in their report
made in the ordinary course of business,
are entitled to due weight and consideration. 547
Appeal from the rejection of, must be
served on adverse claimant of record................. 487
595

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Circulars.

See Tables of, page XVIII.
Citizenship.

See Naturalization.

Evidence of voting will raise a presump-
tion of, as fraud on the part of the voter is
not to be presumed

The children of a citizen of the United
States, though born in a foreign country,
are citizens of the United States by virtue
of their father's citizenship...

A citizen of the United States who, in
order to practice his profession while resid-
ing in a foreign country, takes an oath
of allegiance to the reigning ruler thereof.
without renouncing his own citizenship,
does not thereby expatriate himself....

270

282

282

A claim of membership in an Indian tribe
may be established by the laws and usages
thereof, although such recognition may not
be in harmony with the general rule that
among free people the child of married
parents follows the condition of the father. 311
Coal Land.

An entry allowed on defective declaratory
statement and irregular proof may be equi-
tably confirmed, in the absence of ad-
any
verse claim, where a proper declaratory
statement is subsequently filed and the
requisite additional proof furnished.

The character of land alleged to be more
valuable for the coal it contains than for
agriculture must be established as a present
fact, and from the actual production of coal,
but it does not follow that there must be an
actual development of coal on each forty-
acre subdivision

Failure to perfect entry within the statu-
tory period defeats the right of purchase in
the presence of an intervening adverse
claim..

Confirmation.

SECTION 7, ACT OF MARCH 3, 1891.

The inadvertent issuance of final certifi-
cate, without payment of the lawful price
for the land, does not place the entryman in
a position to invoke the confirmatory pro-
visions of said section.....

Said section does not confirm an entry
canceled prior to the passage of said act,
nor does the pendency of proceedings to
show cause why said entry should be rein-
stated bring it within the operation of said
act..

A transferee is not entitled to the benefit
of said section where at the time of his pur-
chase the records of the local office show
that the entry in question was held for can-
cellation

An entry falling within the confirmatory
provisions of said section is confirmed as an
entirety to the exclusion of all other claims
to any portion of the land...

18

168

522

279

435

435

441

Page.
An entry may be confirmed, under said
section, as to a specific tract embraced with-
in the purchase of a transferee, though the
entry as an entirety is not within the con-
firmatory operation of said act............. 496
A soldier's additional homestead entry,
suspended after the lapse of over two years
for the investigation of the original entry,
and released from suspension prior to the pas-
sage of the act of March 3, 1891, is confirmed
by the proviso to said section, and is not
subject to contest......

Contest.

See Contestant.
GENERALLY.

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........

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 affi-
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......

573

453

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
fraudulent 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.. 547
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

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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

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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..

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

Contestant.

See Contest.

172

499

493

484

38

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

An agricultural claimant who secures the
cancellation of a mineral claim is entitled
thereby to a preferred right of entry..

.......

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

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

1

11

91

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...... 236
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.

186

282

177

43

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The act of August 4, 1894, extends relief
to certain classes of; circular of October 11,
1894

The right of an entryman under the des-
ert land act of 1877, who is in default there-
under, to take advantage of the additional
time granted by the amendatory act of
March 3, 1891, cannot be recognized, if his
intention to take such action is not formally
asserted prior to the intervention of adverse
rights.......

After the expiration of three years from
the date of the original entry, and subse-
quent to the intervention of an adverse
claim or contest, it is too late to accept the
option given by the amendatory act

298

231

121

By the amendatory act of March 3, 1891,
the right to make is restricted to resident
citizens of the State or Territory in which
the land sought to be entered is situated... 495

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 1875, 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 particular, 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

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