Application-Continued. VII. TIMBER CULTURE-Continued. To make entry, filed by a successful contestant at the initiation of his suit, and rejected prior to the repeal of the timber-culture law, under the circular order of August 18, 1887, confers no right that can be asserted after said repeal. XVI-370 To make entry of land withdrawn for railroad purposes confers no right, and after the repeal of the timber-culture law, there is no right in the applicant that can be recognized as within the protective terms of said repeal. XXI-298 To make second entry, pending at the repeal of the timber-culture law, is protected by the terms of the repealing act, though amendment may be necessary. XV-39 Based on settlement prior to the repeal of the law is not a claim protected by the statute of repeal. VIII. TIMBER AND STONE. XV-513 To purchase under the act of June 3, 1878, does not reserve the land. II-333, 336; IV-176, 238; VIII-414; IX-335; XX-391 To purchase under the timber and stone act confers no vested right. XII-58, 326 To purchase, under the act of June 3, 1878, land previously withdrawn does not except the land covered thereby from the operation of the act of October 1, 1890, providing for the reservation of certain forest lands in California. XII-58, 326 An application initiates a valid claim to the tract in like manner as a preemption declaratory filing; the applicant has a preferred right against everybody but the United States and one claiming a prior right to the land. II-333, 335; VIII-412; XX-391 An application to purchase under said act should not be rejected on account of a temporary order of reservation made by the General Land Office after the application was filed and notice thereof given. VIII-412 Application apparently not in good faith should be rejected and those of doubtful character noted for investigation. III-85 There is no authority under the law for holding a timber land, subject to the submission of final proof by an adverse preëmption claimant. XVIII-306 Preliminary affidavit in entry compared to that required under the timber-culture law. VII-10 To purchase under the act of June 3, 1878, is not abandoned by a second for the same land. Preliminary affidavit should be made upon personal knowledge of the land. VI-115; VII-10; XI-599 The departmental regulation requiring the applicant to personally examine the land prior to application is within the intent of the XI-599; XXII-719 act. XIII-598 Application-Continued. VIII. TIMBER AND STONE-Continued. XIV-436 To enter under the timber and stone act may be received, though the applicant has not actually been on the land in question, if his personal knowledge thereof is sufficiently shown. Failure of timber-land applicant to personally examine the land before making, does not defeat the entry where the application is made under the instructions of the local officers and no adverse claim exists. XVI-560; XXII-337 Where the applicant falsely makes oath in his preliminary affidavit that he has examined the land and knows from his personal knowledge that it is of the character contemplated by the act, the right of purchase should be denied. Published notice of, sufficient where it contains the statutory requirements, and is made on the form furnished by the Land Department. XI-599 XXI-121 To make a timber-land entry may be changed as to the land included therein on a satisfactory showing that after the date of the original application and prior to the time fixed for the completion of the entry the timber on the tract first applied for was destroyed by a forest fire, through no fault of the applicant. XXII-424 IX. WITH CONTEST. (See sub-title herein, No. VII.) To enter filed by a homestead contestant with his contest serves no purpose. II-40, 65; III-209; IV-424, 462; XXII-96 For the land (homestead or timber-culture) must be filed with the application to contest a timber-culture entry. II-245, 275, 285, 294 A request, in the affidavit, that the contestant "be allowed to enter said tract under the homestead laws" is sufficient. II-42 For the land, with new contest, may be filed where the first was dismissed, in the absence of adverse rights. II-245, 290 For the land must be accompanied by affidavit showing qualifications. II-292 To enter, filed with an invalid contest, but not accompanied by the required affidavit as to the qualifications of the applicant, or a tender of fees, is not sufficient to reserve the land as against the subsequent application of another. XVIII-557 Affidavit as to qualification, with application to enter, though informal, sufficient in case of timber-culture contest. III-419 Is not barred by a pending contest which is illegal (without application for the land, or with application to preëmpt) or void on its face (alleging failure to cultivate the first year after entry). II-248, 259, 282, 293, 297 The offer to file an application for the land with a contest against a timber-culture entry protects the contestant, though he failed to file it because erroneously informed by the local officers that it was unnecessary. II-245, 319 Application-Continued. IX. WITH CONTEST-Continued. Timber-culture, considered as the foundation for action in case of contest. IV-540 A mere expression of willingness to file an application for the land with the contest (timber-culture), which the local officers declared to be unnecessary, without tender of it, does not protect the contestant. II-290 Of a timber-culture contestant is not defeated by the possession of a defaulting entryman. IV-508 To make timber-culture entry, filed with contest, reserves the land pending final action thereon. IX-161; XIII-124 To enter, filed with a timber-culture contest, is equivalent to an entry so far as the rights of the contestant are concerned. VII-335 To make timber-culture entry on a quarter section, filed with a contest, precludes while pending the allowance of a similar application filed by another for a different tract in the same section. XIV-315 To enter, filed by a successful contestant at the initiation of a timber-culture contest, when allowed, relates back and takes effect as of the date thereof, to the exclusion of intervening claims. VII-330 To make timber-culture entry, filed with a timber-culture contest, entitles the heirs of a deceased contestant to the right of entry on the successful termination of the contest. IX-161; XIV-65 To enter, filed with timber-culture contest, fails on the rejection of the contest. VII-352 Rights secured by, filed with a timber-culture contest, depend upon the establishment of the charge, and if the contest fails, the application falls with it. XV-405 The rejection of an application to contest carries with it the rejection of the accompanying application to enter. IX-211, 569; XI-102 To enter, filed with a timber-culture contest, takes effect as of the date when filed on the cancellation of the entry under attack, and excludes intervening adverse claims. XIII-401 To enter, filed with a timber-culture contest that is accepted and then dismissed on technical grounds, takes effect as of the date when filed, on the subsequent relinquishment of the entry and precludes other disposition of the land until the contestant has been heard. XIII-289 To enter, filed by a timber-culture contestant, confers no right if abandoned prior to the termination of the contest. IX-193 To enter, filed by a second contestant with his affidavit of contest against a timber-culture entry, reserves the land, subject only to the rights of the first contestant. VII-26; X-532; xv-173,184 Application-Continued. IX. WITH CONTEST-Continued. Filed with contest confers no right if not followed up by entry after judgment of cancellation. II-50 To enter, filed by timber-culture contestant, may be amended at the hearing. V-211 To enter under the timber-culture law, filed with a timber-culture contest, estops the contestant from claiming another tract under said law as against a subsequent settler thereon. XIII-283 To enter, filed with a contest, stands rejected without further action if the contestant fails to exercise his preferred right within thirty days after notice of cancellation. XIII-670 The circular instructions of August 18, 1887, to the effect that all, filed with timber-culture contests shall stand rejected if not perfected within thirty days after notice of cancellation are not applicable if the application is not returned to the local office. XXII-182 To enter, filed with a timber-culture contest, should be returned for allowance on the successful termination of the suit, after due showing of qualifications and payment of requisite fees. XV-436 Failure of successful contestant to make, until after the repeal of the law defeats the exercise of such right under said law, though such failure may be due to the negligence of the local office. XV-539 IV-123 X. WITH RELINQUISHMENT. Accompanied by a relinquishment is at once effective on the filing of the relinquishment. I-122, 155; IV-188; X-139 Accompanied by relinquishment relates back upon cancellation, under section 1, act of May 14, 1880. To enter accompanying a relinquishment takes the land as against a settler on the land. V-149 To enter, filed immediately after the relinquishment of a previous entry of the tract, is defeated by the prior settlement right of a third party. XIII-148, 192; XVI-386 Accompanied by relinquishment should be received subject to adverse claims. V-451 To make entry pending, will take precedence over one filed with a relinquishment. VIII-559 To file a declaratory statement, accompanied by relinquishment, presented during the pendency of a contest, can only be received subject to the right of the contestant. IX-269 Accompanied by relinquishment of the prior entry of another may be received, though the affidavit therewith is executed prior to the cancellation of said entry. (See sub-title No. I.) I-121 As between one applying to enter under a relinquishment and another applying for the right of contest, the judgment of the register at the time, on the question of priority, will be accepted in the absence of clear showing of error therein. XIII-541 Application-Continued. X. WITH RELINQUISHMENT-Continued. To enter, accompanied by a relinquishment of the prior entry of another, filed simultaneously with an affidavit of contest, defeats. the right of the contestant to proceed against the entry thus vacated. XIV-144 To enter, filed by a contestant with a, should not be allowed during the pendency of a second contest charging the speculative character of the first. XVIII-358 Approximation. See Entry; Railroad Lands. Arid Lands. See Desert Land; Reservation; Reservoir Lands. Circular of August 5, 1889, calling attention to the act of Congress October 2, 1888, and directing the reservation of lands included therein. IX-282 XI-220 Circular of August 9, 1890, calling attention to former instructions and the reservation of said lands under the statute Circular of September 5, 1890, calling attention to the act of August 30, 1890, repealing in part the original act. XI-296 Instructions of October 5, 1893, with respect to the insertion of reservation of right-of-way privileges in patents and final certificates issued on original entries made after the act of October 2, 1888. All rights of entry are suspended on lands falling within the plan of irrigation contemplated by the act of October 2, 1888. XIII-45 Mineral lands not excepted from the operations of the act of October 2, 1888. XVII-521 XV-418. XIV-123 Homestead entry of, is protected by the act of August 30, 1890, and may be perfected if not selected for a reservoir. Arkansas. See States and Territories. Armed Occupation Act. See Patent. A permit to settle on a specified tract is a condition precedent to obtaining title thereto under the act of August 4, 1842. XXI-87 Attorney. See Affidavit; Appearance; Practice, sub-title Notice. Qualifications required of, who practices before the Department. III-113 V-337 Regulations as to recognition of. Circular of 1886. Regulations affecting the practice in the local offices. Circular of March 19, 1887. V-508 The restrictions of section 190, Revised Statutes, apply to all the Departments. IV-179 The acceptance of a new appointment after June 1, 1872, brings such persons within the inhibition of section 180, Revised Statutes, though his original appointment may have been prior to such date and his service thereafter continuous. IV-179 |