Application-Continued.

I. GENERALLY-Continued.

Presentation to, and acceptance by, the local officer (receiver) at a place other than the local office is unlawful, and does not bar an application properly, but subsequently, filed on the same day.

II-320

Not invalidated because received out of office hours. V-694; VI-1 Handed to one of the local officers out of the office, not in office hours, and without the required fee, is not legal.

III-108 It is no objection to, that it is tendered prior to business hours in the local office where retained by the local officers and acted upon during the business hours of that day; nor does the fact that it 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. XIX-547 V-222; IX-29

For public land may be withdrawn at any time. To enter, presented while business in the local office is suspended by order of the Commissioner, confers no right upon the appli

cant.

XIV-316

Order of June 13, 1896, with respect to, filed during vacancy in local office. XXII-704

To enter received during a vacancy in the office of the register must be treated as simultaneous, on the resumption of business in the local office.

XXII-612

Made during vacancy in local office confers no vested right.

I-150; IV-170

Filed during a vacancy in the register's office is, in contemplation of law, submitted for official action when the vacancy is filled.

XII-297 In case of simultaneous, the right of entry may be disposed of to the highest bidder. XXI-444

All presented at opening of new land office treated as simultaneous.

I-157

Of two persons held simultaneous where both were present at the same time and the papers of one were filed while the other was engaged in examining the tract book. XIV-145 In the case of simultaneous, where one of the applicants has settled upon and improved the land, and the other has not, the priority of right should be accorded to the actual settler. XXII-612 The right to make entry in cases of simultaneous, should be sold to the highest bidder in the absence of settlement and improvement. III-312, 535; IV-190; XVI-302 Rules for the reception of, on filing new plats only applied in like

cases.

Not simultaneous where a few seconds intervene.

IV-318

III-419; IV-190

Application-Continued.

I. GENERALLY-Continued.

Reliance upon bid to determine preference in case of simultaneous applications precludes setting up after acquired improvements.

IV-190

XIX-547

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. An applicant for the right of entry who, under a rule adopted by the local office, deposits his, and receives a number corresponding to his place in the line of applicants, and thereafter fails to respond to such number when it is reached and called, loses his priority as against a subsequent intervening applicant.

XXII-295 Where a settler applies to enter land in two districts, and files simultaneously in each district an application for the specific subdivision lying within said district, and one of said applications is allowed, and the other rejected on account of the suspension of the township, the rejected application may be revived and allowed as of its original date, on the removal of the suspension. XX-412 Rights under, relate back to date when actually made, irrespective of a later date shown by the papers through no fault of the applicant. XII-173 To enter while pending reserves the land covered thereby from any other disposition until final action thereon. II-43; III-156, 218, 344; IV-350, 455; V-424; VII-136; IX-29, 92, 545; x-192, 510; XII-47, 324; XIII-56; XVI-352.

To make mineral entry, duly presented but held without action during the absence of the register, reserves the land covered thereby until final action thereon.

XI-213

To purchase under the act of June 15, 1880, reserves the land covered thereby until final action thereon. XI-416 To enter is equivalent to an actual entry so far as the rights of the applicant are concerned. XII-324, 643 To enter land subject thereto is equivalent to an actual entry so far as the rights of the applicant are concerned, and, in the event of of his death, his heirs are entitled to complete the entry. XX-535 To enter, properly rejected does not operate to reserve the land covered thereby, even though an appeal is taken from the order of rejection.

XX-93 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. XIX-467

5918- -2

Application-Continued.

I. GENERALLY-Continued.

To enter, properly rejected on the ground that the land is covered by the entry of another, and appeal from such action, confer no right upon the applicant as such. XIX-442; XX-135 To enter, and while pending, is only equivalent to an entry on the part of the applicant where the land is subject thereto and the application is improperly refused.

XIII-71, 498, 502; XVIII-14, 45; XX-288, 389 To enter, under which no rights can be acquired, properly rejected and pending on appeal, will not defeat a subsequent indemnity selection. XVIII-163

To reinstate canceled entry reserves the land. II-43; IV-446; XV-569 For the reinstatement of an entry for land embraced within the intervening entry of another is at once effective on the cancellation of such intervening entry and segregates the land covered thereby. XI-375

Application to amend entry reserves the land applied for.

III-156; IV-365; v-149 To make a second entry reserves the land while pending. XX-123 There is no difference in principle between the case of a filing (homestead application) made of record and that of one offered and erroneously rejected.

II-37, 548

To enter a tract, pending at the passage of the act of March 3, 1887, does not except such tract from the operation of said act. XIV-498 Informally made to surrender a patent and take certain other land, in order to correct an error of the Land Department and avoid litigation, reserves the land thus applied for from other disposition. XIV-59

To locate a warrant upon a specific tract, duly filed with the Commissioner, reserves the tract applied for, even though the warrant and fees are lost in the General Land Office, and, in consequence thereof, no record of the location is made in the local office.

XIV-278 To select school indemnity reserves the land until final action thereon, and, if accepted, takes effect as of the date presented.

XIV-72 Of a railroad company to select indemnity pending on appeal precludes the acquisition of adverse rights by settlement or filing.

XIV-418 To enter can not be allowed during the pendency of an appeal from a decision holding for cancellation the existing entry of another for the land. XI-469; XII-334; XIV-423

To enter or file when the land is not subject thereto confers no right.

XII-188, 261; XVI-199

Application-Continued.

I. GENERALLY-Continued.

To enter land included within the existing entry of another confers no rights upon the applicant and should not be allowed. XIII-381; XV-27, 309; xx-389, 535 To enter lands covered by the existing entry of another confers no right upon the applicant; and if rejected and appeal taken it is. not a pending application that will attach on the cancellation of the previous entry. XIII-502; XVI-44

To enter can not be allowed for land embraced within a prima facie valid timber-culture entry (made by a married woman). XVI-130 To enter land covered by the prior entry of another can not be entertained in the absence of a charge against the validity of such entry.

XI-179, 327 To enter conflicting in part with the prior entry of another may be allowed as to the part not in conflict, and rejected as to the remainder. XXI-145, 444

To enter, rejected on account of partial conflict with a prior entry, does not operate to reserve the land not in conflict, where instead of appealing from said rejection the applicant contests the prior entry; nor does the pendency of said contest reserve the tract not in conflict for the benefit of the applicant. XXI-208 Can not be allowed for land embraced within a private cash entry, even though such entry may have been irregularly allowed.

XV-257 To select, filed by a State when the lands are not subject thereto confers no right. XVII-417; XXII-385 Where the applicant alleges a prior settlement right as against the entry of another, a hearing should be ordered to determine the rights of the parties.

V-526; VI-330; VIII-528; XV-379; XVI-310; XVIII-23 To enter must be rejected where the land is covered by the prior entry of another and embraced within a pending contest. II-55; IX-578; XII-11, 377 To enter should not be allowed for land included within the prior pending application of another. XII-47; XVI-292; XXI-145 To enter, presented while the land in question is involved in the pending application of another, should be held to await the final disposition of the prior application. XVII-148, 592

To enter, held to await action on the prior application of another, protects the applicant as against subsequent claims, but in no manner can affect the disposition of the prior pending claim.

XXI-434 To enter should not be allowed for land included within a preëmption claim under which notice of intention to submit final proof has been published. VIII-406, 414; IX-175, 215; XVI-520; XVII-381

Application-Continued.

I. GENERALLY-Continued.

To enter may be allowed during the period accorded for the exercise of the preference right of a successful contestant, subject to such right. I-162; II-321; IV-534; VI-643; IX-70; x-221 The acceptance of an application to enter subject to the preferred right of a successful contestant does not vest in such entryman any right as against the contestant, but protects him against the intervening applications of other parties. XVIII-504; XIX-160 To enter, tendered during the period accorded to the contestant for the exercise of his right, and held in abeyance under said rule, will take effect on the land covered thereby, not taken by the contestant, to the exclusion of a subsequent application of another therefor. XXI-187

To enter, improperly held to await prior proceedings involving the land, when allowed, will relate back to the time when it was received with the proper fees, and cut off intervening adverse claims. XXII-571

To enter, filed subject to a contestant's preferred right of entry take precedence in the order of filing, if the contestant fails to exercise his privilege.

XXII-203 To enter, not received during pendency of contestant's preferred right; Allen v. Price. XV-424 To enter may be received during the time allowed for appeal from a judgment of cancellation, subject to such appeal, but should not be made of record until the rights of the former entryman are finally determined. VI-563; X-221; XII-243; XIII-600; xx-147 On denial of a motion for the review of a decision that refuses the reinstatement of an entry, the land involved is thereupon subject to entry; and an application tendered therefor, prior to the receipt of notice at the local office of the decision on review, must be regarded as legally made. XX-391 Can not be allowed during the pendency of a departmental order directing that no entries be allowed pending the final determination of an alleged right under the town-site laws. XXI-71 To enter, rejected on account of a reservation for the benefit of certain Indians, may be allowed in the event that the lands so applied for are restored to settlement and entry after due investigation. XVIII-38 To enter lands withdrawn for railroad purposes confers no rights. A new application will be necessary on subsequent restoration. of the land. XIV-613; XV-91

To enter lands within railroad grant, pending on appeal, may be allowed on the forfeiture of the grant. VI-679 Though properly rejected because prematurely made, may be subsequently allowed on the removal of the bar.

VI-679