^..i' _ JA VjV?M^A'ji\ji!iIi__ii!hi£!j!u;j!iL;JJliliijia KF SGOZ IS84 11 u LA iKiifi i ($tft of Tompkins Co. Law Office KF 56021884'"""'""^'""-"'™'^ The existing laws of the United States o 3 1924 017 117 445 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017117445 THE EXISTING LAWS UNITED STATES GENERAL AND PERMANENT CHARACTER, AND RELATING TO THE SURVEY AND DISPOSITION OF Till PUBLIC DOMAIN, DECEMBER 1. 1880. EMBEACING REFERENCES TO PREVIOUS LEGISLATION, AND CITATIONS OF DECISIONS PROM THE FEDERAL AND THE STATE COURTS AND FROM THE EXECUTIVE OFFICERS OF THE UNITED STATES. PREPARED PURSTJAIfT TO THE AUTHORITY OF AN ACT OF CONGRESS AND UNDER THE DIRECTION OF THE ''COMMISSION ON THE CODIFI- CATION OF EXISTING LAWS RELATING TO THE SURVEY AND DISPOSITION OF THE PUBLIC DOMAIN." WHh Supplement, embracing the laws of lik,e character passed at the Third Session of the Fort/sixth and First Session of the Forty-seventh Congresses, and a Digest of late Decisions under the Land Laws, in con- tinuation of the "Citation of Decisions" of the Land Commission, prepared under the direction of the Commissioner of the General Land Office. GOVERNMENT FEINTING OFFICE. 1884. OEGANIZATIOK , COMMITTEES AND PUBLICATIONS OF THE PUBLIC LAND COMMISSION. ACTS OF CONGEESS OP MAECH 3, 1879, AND JUNE 16, 1880. * President, JAMES A. WILLIAMS, Commissioner General Land Office. CLARENCE KING, U. S. Geologist. ALEXANDER T. BRITTON. JOHN W. POWELL. THOMAS DONALDSON. Secretary, CLARENCE E. DUTTON, Capt. Ordnance, U. S. A. COMMITTEES OF THE COMMISSION. Committee on Classification : JAMES A. WILLIAMSON, Chairman, ex officio. CLARENCE KING. JOHN W. POWELL. Committee on Codification : JAMES A. WILLIAMSON, Chairman, ex officio. ALEXANDER T. BRITTON. THOMAS DONALDSON. PUBLICATIONS OF THE COMMISSION. Prepared and compiled by tlie Commission : Preliminary report, witli testimony, February 24, 1880, 1 vol.. By the Committee on Codification. Prepared and compiled by Mr. Alexander T. Britton: United States Land Laws, General and Permanent, 1 vol. United States Land Laws, Local and Temporary, 2 vols. Prepared and executed by Mr. Thomas Donaldson : Tlie Public Domain, its History, with Statistics, 1 vol. FINAL REPORT OF THE PUBLIC LAND COMMISSION. To the Senate and House of Bepresentatives : I have the honor to submit herewith a report of the Public Land Commission, embracing the history and a codification of the public land laws, and L desire earnestly to invitj the attention of Congress to this important subject. E. B. HAYES. Executive Mansion, 'January 18, 1881. To the Senate and House of Bepresentatives of the United States : On the 25th of February, 1880, the Public Land Commission trans- mitted its preliminary report, in accordance with the act of Congress, approved March 3, 1879, making appropriation for the sundry civil ex- penses of the Government for the fiscal year ending June 30, 1880. Such report was restricted to recommendations of new legislation, and con- cluded that branch of the duty with which this commission was charged. It embodied the aggregate labor and judgment of all its members. A subsequent act of Congress, approved June 10, 1880 (Statutes at Large, vol. 21, p. 245), contained the following clause : For the expenses of the commission on the codification of existing laws relating to the survey and disposition of the public domain, and for the completion of snch codi- fication, the sum of fifteen thousand dollars, or so much thereof as may be necessary for that purpose, provided that said commission shall complete the same and make their final report on all the public lands in the United States on or before January first, eighteen hundred and eighty-one. The official duties of Commissioners Clarence King and J. W. Powell in conneqtion with the work of the geological survey necessitated their absence in the fieldduring the summer mouths. They were consequently unable to give personal attention to the work of codification, and hence the execution of that duty was submitted by the commission to a com- mittee consisting of J. A. Williamson, Thomas Donaldson, and A. T. Britton. The duties of Mr. Williamson, as Commissioner of the General Land Office, have prevented bis continuous attention to the work of this committee ; but he has generally aided the co Jipletion of the work with his experience, and has largely assisted its more immediate compilers with all the facilities within his personal or official command. An earn- est expression of the obligations of the committee is tendered to the numerous gentlemen comprising his official staff, and to the able gentle- v VI FINAL REPORT OF PUBLIC LAND COMMISSION. men ia private station who have in various ways advanced the arduous labors of the committee. It is to be regretted that their numbers are too large to permit of individual acknowledgment. Mr. Thomas Donaldson undertook the compilation of a detailed his- tory of the origin, organization, and progress of the public land system. The result of his work is embodied in the accompanying volume, entitled " The Public Domain — Its History, with .Statistics." It contains thirty- three chapters, giving the origin, growth, and disposition of the public domap, tracing the several systems from their origin, and giving full statistics of operations under, and results of, the several acts for the sale and disposition of the public lands up to June 30, 1880. It is a compendium of information which it is hoped will be no less valuable to the public at large than useful to those oflacially interested in the subject. Mr. A. T. Britton undertook the compilation of the public land laws. The scope and character of his work, as also that of Mr. Donaldson, were specifically outlined upon page 6 of the printed volume of the Re- port of the Commission transmitted to Congress by the President of the United States on the 25th February, 1880, and to provide the means to execute whiqh the subsequent appropriation of June 16, 1880, was enacted. The result of his work is embodied in the one volume, here- with submitted, and entitled — " United States Land Laws, General and Permanent," and the two volumes entitled — " United States Land Laws, Local and Temporary." The first book contains the existing legislation of Congress of a gen- eral and permanent nature concerning the disposition and survey of the public domain. The present laws have been compiled in an orderly manner, but without changing either their substance or text. Each general subject of legislation is collated in a separate chapter; but the sections are, for convenient reference, numbered consecutively through- out the volume. Under each section complete references are given to the antecedent legislation upon the same subject, and out of which said section has grown. Copious citations are also made under each section of all decisions construing the same in any manner, and embracing decisions by the Federal courts, the supreme courts of the several pub- lic-land States and Territories, the Department of Justice, the Secretary. of the Interior, and the Commissioner of the General Land Oiiice. The other two volumes contain, in chronological order, in each State and Territory connected at any time with the public land system, the entire legislation of Congress of a local or temporary character, and upon which the land titles of such State or Territory have depended. A series of consecutive numbers has been prefixed to the laws through these two volumes, and, by proper notation of such numbers in foot- notes, each act is connected with all other acts upon the same subject. Where the same legislation runs equally through more than one State or Territory, it is published complete in one, and appropriate references are made in the other. FINAL REPORT OF PUBLIC LAND COMMISSION. VII These volumes of local and temporary legislation contain also a digest of all Indian treaties affecting the titles to public lands; a Hst of all existing military reservations, with the authority therefor, and the boundaries thereof ; and a copious citation of cases, wherein, by sub- ject-jnatter, the leading decisions of the Federal and State courts and of the United States executive officers upon public land questions may be readily referred to. The entire legislation is brought up to the 1st of December, 1880. All of which is respectfully submitted. J. A. WILLIAMSON. THOMAS DONALDSON. A. T. BEITTON. J. W. POWELL. CLAEENCE KEtfQ. CONTENTS, Seotion. Page- Chapter I. Sbcrbtaky of the Interior 1-30 1-4 n. Obnxrai, Laiid Officb 31-76 5-14 III. Sttrvbys AND Surveyors 77-123 15-28 IV. Land Districts and Officers 124-147 29-60 V. Special Agents 148,149 61 VI. PuBuc Saies and Petvatk Entries 150-173 62-67 VII. Pre-emptions 174-211 68-79 VIII. Homesteads 212-255 80-94 IX. Timber AND Timber Culture 256-286 95-106 X. Town Sites AND County Seats 287-306 107-113 XI. Bounty-land Warrants and Scrip 307-351 114-128 XII. General Grants to States and Territories.. . 352-385 129-141 XIU. MinbralLands 386-421 142-158 XIV. WatbrEights 422-425 159-161 XV. Donations , - 161 XVI. Desert Lands 426-428 162,163 XVII. Repayments of Purchase Monet 429-433 164, 165 XVni. Eeskrvations 434-439 166,167 XIX. Easements 440-461 168-173 XX. Private Land Claims 462-465 174-176 XXI. Miscellaneous PR0V18I0NB — — 4«6-486 177-183 PREFACE. This volume was prepared by the codiflcation committee of the Public Land Commission, which was created by an act of Congress approved March 3, 1879 (Statutes at Large, Vol. 20, p. 394/, and continued by an act of Congress approved June 16, 1880 (Statutes at Large, Vol. 21, p. 245). It contains the existing legislation of Congress of a general and per- manent nature concerning the disposition and survey of the public do- main. The present laws have been compiled in an orderly manner, but without changing either their substance or text. Bach general subject of legislation is collated in a separate chapter, but the sections are, for convenient reference, numbered consecutively throughout the volume. Under each section complete references are given to the antecedent legislation upon the same subject and out of which said ^section has grown. Copious citations are also made under each section of all decis- ions construing the same in any manner, and embracing decisions by the Federal courts, the supreme courts of the several public land States and Territories, the Department of Justice, the Secretary of the Interior, and the Commissioner of the General Land OfiSce. All legislation of a local or temporary character has been omitted from this volume. The same appears in a second volume, wherein the entire chain of Congressional land acts is arranged chronologically for each State and Territory, and properly connected. It contains a table of authorities, wherein all judicial and executive decisions bearing upon each subject-matter are cited. J. A. WILLIAMSON, CLAEENCE KING, J. W. POWELL, THOMAS DONALDSON, A. T. BEITTON, Commissioners, Washington, December 1, 1880. Tompkins Co. Clerks Office, FILED AND ENTERED JUL 151880 At CHAPTER ONE. CUmIe SECRETARY OF THE INTERIOR. Sec. 1. Supervisory authority of Secretary. 2. Power to grant military bounty-land warrants. 3. Exemplifications of papers. 4. Authority to take bonds of surveyors- general. 5. Shall require public land surveys to be completed. 6. Power to discontinue land offices. 7. Power to make allowances for office rent and clerk hire. 8. Repayment of purchase money, &c. 9. Remedial authority under treaty of 1854. 10. Correction of erroneous land entries. 11. Appraisement and sale of town-site reservations. 12. Authority to survey and plat a city or town. 13. Authority to vary subdivisional sur- veys in Nevada. 14. Geodetic surveys in Oregon and Cali- fornia. 15. Departure from rectangular surveys in California. 16. May pay surveyors by the day iu Ore- gon and CaUfomia. Sec. 17. Location of land warrants free of ex- 18, May authorize issue of patents on lost land warrants. May issue new land warrants in lieu of those lost. May issue patents to the heirs of war- rantees. Board of equitable adjudication. Shall have control of Yellowstone Park. Duties relative to swamp lauds. Shall approve accounts of indemnity for swamp lands. To give notice of completion of sur- veys in Minnesota and Oregon. 26. Required to sign requisitions on Treas- ury for moneys. To prescribe the duties of Assistant Secretary. To designate and set apart agricul- tural from mineral lands. Shall prescribe regulations for subdi- vision of fractional sections. Designation of newspapers for publi- cation of proclamations of sales of lands. 30, Section 1. The Secretary of the Interior is charged with Superriaoryau- the supervision of public business relating to the following ^'y °* ^°'*- subjects : Second, The public lands, including mines. 2 Stat. 716; 5 id. 107; 9 id,. 395; R. S. 441. Wilcox v. Jackson, 13 Pet. 49'^; Maguire v. Tyler, 1 Black, 195; Snyder v. Sickles, 8 Otto, 203 ; WoTsey v. Chapman, S. C, Oct. T., 1879, in manu- script; Patterson v. Tatum, 3 Saw. C. C. 164. 3 Op. Att. Gen. 137 ; 12 id. 250. 2 Laws, Instructions and Opinions, 104 ; 1 Lester, 681. Hesters v. Brennan, 50 Cal. 211. Sec 2. He shall grant warrants to parties entitled to land Po^to grart heretofore or hereafter given by the IFnited States for mill- landwran™ tary services. 2 Stat. 717 ; R. S. 456. Sec. 3. Copies of papers filed in the Interior Department y^^®™?''*"*- and remaining therein shall be authenticated under the hand of the Secretary and the seal of the General Land Office. 3 Stat. 72) ; 5 id. Ill : R. S. 460. £> SECRETARY OP THE INTERIOR. Aathority to Sec. 4. The boDds of surveyors-general shall be executed ^?eyof8'.i^°"and delivered to the Secretary of the Interior. «™l- 3 Stat. 697 ;~ E. S. 2215. U. S. v. Tingey, 5 Pet. 115; U. S. v. Ste- phenson, 1 McLean, C. C. 462 ; Farrar d. U. S., 5 Pet. 373. shau complete Sec. 5. He Shall take the necessary measures for the com- ^eys!" -^ *™' pletion of the public-land surveys. 5 Stat. 384; 19 id. 121; R. S. 2218. Power to dis. Sec. 6. He Shall discontinue the land office in any district continue land of- ^jigrein the publio lands are reduced to less than one hun- dred thousand acres, and shall give notice at what conven- ient existing land office such residue shaU be subject to sale. 5 Stat. 455; R. S. 2249; Mathews v. Zaue's Lessee, 5 Cranch, 95; same case, 7 Wheat. 164. Allowances to Sec. 7. He Shall make & reasonable allowance for office oca o ces. ^^^^ ^^ consolidated land offices, and may approve the em- ployment of clerks by the register. 12 Stat. 131 ; E. S. 2255. Bepayment of Seo. 8. He is authorized to repay the purchase money, pnrcBase money. £ggg^ commissions, and cxccss payments in cases where the lands have been erroneously sold and the title cannot be confirmed. 4 Stat. 80 ; 11 jd. 387 ; act June 16, 1880 ; R. S. 2362. 4 Op. Att. Gen. 277. Decisions Seo. Int., Aug. 17, 1849 ; July 23, 1864 ; April 15, 1878; Aug. 5, 1878; May 7, 1879; Nov. 20, 1878; July 1, 1879; July 29, 1879; Aug. 12, 1878; Jan. 8, 1880. Eemediai an- Sec. 9. He is authorized to permit innocent parties who teia^oiisM?*'^ purchased and located claims arising under the treaty of September thirty, eighteen hundred and flfty-four, to per- fect their entries with cash or military bounty -land warrants. 17 Stat. 340 ; R. S. 2368. Decisions Seo. Int., July 6, 1876 ; July 19, 1879; May 6, 1880. Correction of Sbo. 10. He is authorized to allow erroneous entries of erroneousentries. j^jj^g ggj^ a,t private Sale and warrant locations to be cor- rected ; and this authority extends to patented cases upon surrender of the patent with satisfactory relinquishment of title indorsed thereon. 3 Stat. 526 : 4 id. 301 ; 10 id. 257 ; E. S. 2369, 2370, 2371. Appraisement Seo. 11. When, in the opinion of the President, the pub- ^e Mse^atiSS! Hc interests require it, he shall cause town-site reservations to be surveyed into lots; shall fix their cash value by ap- praisement of disinterested persons; and, after offering same at public entry to the highest bidder, shall prescribe regulations for sale of the residue at private entry at not less than the appraised values. All such sales shall be con- ducted by the register and receiver of the proper land dis- trict. 12 Stat. 754 ; E. S. 2381. U. S. v. Hare, 4 Saw. C. C. 653. Authoritjr^to Qec. 12. He may cause a survey and plat to be made of city or town! a citj or towu, if withiu twelve months from its establish- ment on the public domain the parties interested do not file in the General Land Office the showing required by law; and thereafter the minimum price of lots included therein shall be increased fifty per centum. 13 Stat. 344 ; R, S. 2384. 1 L O 1 SECRETARY OF THE INTERIOR. 6 Sec. 13. He may vary the subdivisional surveys in the Authority to State of Nevada from a rectangular form to suit the circum- J,Saf si^eyr'S stances of the country. Kovada. 14 Stat. 86 ; R. S. 2408. Hoydenfeldt v. Mining Co., 3 Otto, 634. Seo. 14. He may authorize the geodetic method of sur- Geodetic sur- vey in Oregon and California. ^Fcaufomfl.™ 9 Stat. 496; 10 id. 245; R. S. 2409. Seo. 15. He may direct a departure from the rectangular Departure from mode of survey in the State of California. rectangular sur- 10 Stat. 245; R. S. 2410. nii. Seo. 16. He may direct compensation by the day for sur- Pay&rsurveys veys in Oregon and California. Sa*Sau?oS°" 10 Stat. 247; R. S. 2411. Sec. 17. He may prescribe regulations for the location Location of and patenting, free of expense, of any military bounty-land ^™^ ^™° "* warrant transmitted for that purpose to the General Land Office. 9 Stat. 521; R. S. 2437. Decision Sec. Int., March 1, 1876. Sec. 18. Ho may authorize issue of patents in cases of Patents to issue lost miUtary bounty-land warrants. ""^^^^ ^^ ™'- 3 Stat. 317 ; R. S. 2439. Sec. 19. He shall cause new bounty-land warrants to be May issue new issued in lieu of lost or destroyed warrants, and shall pre- if°„ ^T tSe'ios"? scribe regulations for the prevention of frauds. 12 Stat. 90; 18 id. Ill; R. S. 2441, 2442. Sec. 20. He shall issue patents to the heirs of persons en- patents to heirs titled to bounty lands. of waiTantees. 5 Stat. 650 ; R. S. 2443. Sec. 21. Conjointly with the Attorney-General and the Board of a^u- Commissioner of the General Land Office, he shall pre-^"""™- scribe regulations for the equitable decision of suspended entries of public lands and of suspended pre-emption claims, and adjudicate in what cases patents shall issue upon the same. 9 Stat. 51; 10 id. 258; lli(J.22; 18 id. 50; 19 id. 244; R. S. 2450, 2451. Sec. 22. He shall have exclusive control of the Tellow- Yellowstone stone Park, with authority to lease portions thereof. ^"^• 17 Stat. 33; R. S. 2475. Sec. 23. He shall make accurate lists and plats of the swamp and swamp and overflowed lands granted to the several States o^rflo^uS lands. and transmit same to the governors thereof; and at the request of the governor of any State in which such lands are situate, he shall cause patents to be issued conveying to said State the fee-simple of said lands. 9 Stat. 519; R. S. 2479, 2480. Railroad Co. v. Smitli, 9 Wall. 95 ; French v. Fyan, 3 Otto, 169 ; Martin v. Marks, 7 id. 345. 9 Op. Att. Gen. 253. Clarkson v. Buchanan, 53 Mo. 563 ; Master- son V. Marshall, 65 id. 94 ; Funkhouser v. Peck, 67 id. 20 ; Busch V. Donohue, 31 Mich. 481; Kile D. Tubbs, 23Cal. 431; Keman». Griffith, 27 id. 87 ; Fremont Co. v. R. R. Co., 22 Iowa, 91 ; R. R. Co. V. Brown, 40 id. 333 ; Page Co. v. R. R. Co., 40 id. 520; Ed- 4 SECEETAEY OF THE INTEKIOE. monaon v. Com, 62 Ind. 17; Gratbam v. Atkins, 62 Ills. 359; Smith V. Goodell, 66 id. 450 ; Compton v. Prince, 67 id. 281 ; Oaa- ton V. Scott, 5 Oreg. 48. indomnitf for Sec. 24. Indemnity for swamp lands sold by the United •wamp lands. gj.^^gg gj^^g^jj ^^^ ^^ allowcd Until approved by the Secretary of the Interior. 10 Stat. 634, 635; R. S. 2482. Notice of com- Seo. 25. He Shall notify the governors of the States of g?^'J^«„'^«y»^*° Minnesota and Oregon when public land surveys have Oregon. been completed and confirmed in said States. 12 Stat. 3 ; E. S. 2490. Gaston v. Scott, 5 Oreg. 48. Decisions Seo. Int., Oct. 13, 1876; Jan. 7, 1879; April 15, 1880. Keqnisitionsfor Sec. 26. He shaU sigu all requisitions for the advance or TreMu^^ "P"" payment of money out of the Treasury, on estimates or accounts approved or certified by the Commissioner of the G-eneral Land Oflce, subject to the control of the proper accounting officers of the Treasury. 9 Stat. 395 ; E. S. 444. 1 Lester, 314. To prescribe Sbc. 27. He Shall prescribe the duties of the Assistant ant sec?6toiT^*^ Secretary of the Interior, who shall act as the Secretary of the Interior in the absence of that officer. 12 Stat. 369; E. S. 439. Designation of Sec. 28. TJpou the suTvey of lauds designated as mineral, Smei^^S"™ ^^^ Secretary of the Interior may designate and set apart such portions of the same as are clearly agricultural lands, which lands shall thereafter be subject to pre emption and sale as other public lands and be subject to aU the laws and regu- lations applicable to the same. 14 Stat. 253 ; E. S. 2342. Subdivision of Sec. 29. He Shall prescribe regulations for the subdivision ttons"'"'*^ ««■=• of fractional sections. 3 Stat. 566 ; 4 id. 503 ; E. S. 2397. Gazzam v. Phillips' Lessee et al., 20 How. 372. 3 Op. Att. Gen. 281. Decision Com. G. L. O., May 17, 1875. Designation of Seo. 30. It Shall be the duty of the Secretary of the In- "nMsf^^roci^*®^^''^ ^ *^®®^^^*® ^'^^ ncwspapcr in each State or Terri- mations fra^^tory, where public lands are situated, for the publication of of lands. gj] Exccutivc proclamations relating to the sale of public lands. 19 Stat. 221. CHAPTER TWO. THE GENERAL LAND OFFICE. Beo. 31* Commissioner of the General Land Office. .32. Duties of the Commissioner. 33. Commissioner to have onstody of seal, books, records, &c. 34. Commissioner to make plats and fur- nish information when required by the President or Congress. 35. To audit and settle accounts relative to public lands. 36. Fees for exemplified copies of records and patents. 37. Entry of lands in States where there are no land offices. 38. Commissioner to perform duties of surveyor-general when surveying district is discontinued. 39. Appeals from decisions of district land officers and Commissioner in pre-emption contests. 40. Where pre-emptor after filing for land becomes register or receiver. 41. Commissioner has power to regulate costs of survey and publications in mineral cases. 42. Commissioner to fix maximum price of reservations restored to market. 43. Commissioner authorized to allow er- roneous description in entries to be corrected. 44. Commissioner shall prescribe regula- tions for sale of town lots. 45. Commissioner shall approve all con- tracts for ^jTveys. 46. Commissioner's instructions deemed part of contract for surveying. 47. Commissioner shall fix the price of public surveys and instruct survey- ors-general how to keep aocoTints of costs of surveys of private land claims. 48. Commissioner shall issue instructions for surveys under deposit system. 49. Commissioner may allow augmented rates for surveys of forests, &c., in Oregon. 50. Conmiissioner may allow augmented rates for surveys of forests, &c., in California and Washington Terri- tory. 51. Commissioner shall prescribe regula- tions and terms for geodetic surveys in Oregon and CaUibmia. 52. Commissioner may allow compensa- tion by the day for surveys in Ore- gon and CaUfomia. Seo. 53. Commissioner shall prescribe regula- tions for assignment and location of bounty-land warrants. 54. Commissioner shall cause bounty-land warrants to be located free of ex- pense. 55. Commissioner shall prescribe regula- tions for relocation of bounty-land warrants. 56. Commissioner, conjointly with Secre- tary of Interior and Attorney-Gen- eral, shall adjudicate suspended en- tries. 57. Commissioner may order certain lands into market without Presidential proclamation. 58. Commissioner may reissue patents on entries confirmed by board of equi- table adjudication. 59. Commissioner shall prepare copies of records and papers for use in courts of justice. 60. Commissioner shall allow indemnity for swamp lands. 61. Commissioner may make regulations for execution of pubho land laws. 62. Commissioner to perform duties of re- corder of laud titles for Missouri. 63. Commissioner shall issue patents for public lands and private land claims. 64. Commissioner to issue patents on claims heretofore confirmed. 65. Fee-simple to pass in all grants of land to States and Territories where lands are of character granted. 66. Chief clerk General Land Office. 67. Recorder General Laud Office. 68. Duties of recorder. 69. Patents, how executed. 70. Principal clerks of public lands and private land claims. 71. Officers, clerks, and employes of Gen- eral Land Office not to be interested in purchase of public lands. 72. Secretary to the President to sign land patents. 73. Assistant Secretary to sign land pat- ents. 74. Warrants for military lands to be re- corded, &c. 75. Authentication of papers filed in the Department of the Interior, 76. Principal clerk of surveys. 5 6 THE GENERAL LAND OFFICE. Commissioner Seo. 31. There Shall be in the Department of the Inte Land'offlJel'^^'rior a Commissioner of the General Land OfBce, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand dollars a year. • 2 Stat. 717 ; 5 id. 107; 17 id. 508; E. S. 446. Dnties of Com- §^0. 32. The Commissioner of the General Land Office misaioner. ^^^ perform, under the direction of the Secretary of the Interior, all executive duties appertaining to the surveying and sale of the public lands of the United States, or in any- wise respecting such public lands, andj also, such as reMe to private claims of lands, and the issuing of patents for all grants of land under the authority of the Government. 2 Stat. 716; 5 id. 107; 18 id. 62, 317; E. S. 4f3. Foley v. Har- rison, 15 How. 433 ; Barnard's Heirs v. Ashley's Heirs, 18 id. 43 ; Bell V. Hearne, 19 id. 252 ; Castro v. Hendricks, 23 id. 438 ; Ma- guire V. Tyler, 1 Black, 195 ; Harkness v. Undernill, 1 id. 316 ; U. S. V. Commissioner, 5 Wall. 563; Gaines v. Thompson, 7 id. 349; Seo'y V. McGarrahan, 9 id. 298; Johnson v. Towsley, 13 id. 72. 12 Op. Att. Gen. 250. Le Eoy ti. Clayton, 2 Saw. C. C. 493 ; Patterson v. Tatum, 3 id. 164 ; Le Eoy v. Jamison, 3 id. 369. Lott V. Prudhomme, 3 Eob. (La.) 293; Bettis v. Amonett, 4 id. 364; Foley V. Harrison, 5 id. 75 ; Gurdry v. Wood, 19 id. 234 ; Lament V. Stinson, 3 Wis. 545 ; Fremont Co. v. E. E. Co., 22 Iowa, 91 ; Bellows V. Todd, 34 id. 18; Brill «. Stiles, 35 Ills. 305; Aldrich B. Aldrich, 37 id. 32 ; Lewis v. Lewis, 9 Mo. 183 ; Pope v. Atheam, 42 Cal. 606; Hosmer v. Wallace, 47 id. 461; Parker v. Duff, 47 id. 554; McGarrahan v. Mining Co., 49 id. 331 ; Hesters v. Bren- nan, 50 id. 211 ; Tanoe v. Kohlburg 50 id. 346 ; Weaver v. Fair- child, 50 id. 360 ; Pugy v. Heusley, 52 id. 299. Custody of seal, Seo. 33. The Commissioner of the General Land Office ^ooks, records, giiaii retain the charge of the seal heretofore adopted for the office, which may continue to be used, and of the rec- ords, books, papers, and other property appertaining to the office. 2 Stat. 717; R. S. 454. Plats of lands Sec. 34. The Commissioner of the General Land Office •nrveyed. shall, wheu required by the President, or either House of Congress, make a plat of any land surveyed under the authority of the United States, and give such information respecting the public lands and concerning the business of his office as shall be directed. 2 Stat. 717 ; E. S. 455. Eetnmsandac- Sec. 35. All returns relative to the public lands shall be S* "made to the Commissioner of the General Land Office; and he shall have power to audit and settle all public accounts relative to the public lands ; and upon the settlement of any such accounts he shall certify the balance, and transmit the account with the vouchers and certificate to the First Comp- troller of the Treasury, for his examination and decision thereon. 2 Stat. 717 ; E. S. 456. Fees for exem- Sec. 36. All exemplifications of patents, or papers on file pltento""" °^^^ ^^ record in the General Land Office, which may be re- quired by parties interested, shall be furnished by the Com- missioner upon the payment by such parties at the rate of fifteen cents per hundred words, and two dollars for copies THE GENEEAL LAND OFFICE. 7 of township plats or diagrams, with an additional sum of one dollar for the Commissioner's certificate of verification with the General Land Office seal ; and one of the employes of the office shall be designated by the Commissioner as the receiving clerk, and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury ; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Gov- ernment, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. 13 Stat. 375; E. S. 461. Lane v. Bommelmarm, 17 His. 95 : Laoyii. Davis, 4 Mich. 140 ; Gilman v. Eipela, 18 id. 145 ; Clark v. HilL 19 id. 356 ; Boyd v. Stambaugh, 34 id. 348 ; Ansley v. Peterson, 30 Wis. 653; McLean v. Bovee, 35 id!. 27 ; Kelly v. Wallace, 14 Minn. 336; Washburn v. Mendenhall, 21 id. 332; Barton v. Mnrrain, 27 Mo. 235 ; Eailroad Co. v. Moore, 37 id. 338 ; Stephen v. Westwood, 25 Ala. 716; Smith v. Mosier, 5 Blackf. (Ind.) 51. Cir. G. L. O., July 20, 1875. Seo. 37. That public lands situated in States in which Entry of lands there are no land offices maybe entered at the General tSera*^*no^iLnd Land Office, subject to the provisions of law touching the offi«>8- entry of public lands ; and the necessary proofs and affida- vits required in such cases may be made before some officer competent to administer oaths, whose official character shall be duly certified by the clerk of a court of record ; and moneys received by the Commissioner of the General Land Office for lands entered by cash entry shall be covered into the Treasury. 19 Stat. 315; 20 id. 201. Seo. 38. Upon the discontinuance of any surveying dis- commissioner trict the authority, powerf, and duties in relation to the sur-^P^^^ojl^gen! vey, resurvey, or subdivision of lands therein and all mat- wai, &c. ters and things connected therewith, as previously exercised by the surveyor-general, shall be vested in and devolved upon the Commissioner of the General Land Office ; and deputy surveyors or other agents under his direction shall have free access to any field-notes, maps, records, and other papers, turned over to the authorities of any State pur- suant to law, for the purpose of making copies thereof, with- out charge of any kiud. 10 Stat. 152; E. S. 2219, 2220, Seo. 39. Appeals from the decision of district officers in Effect of com- cases of contest for the right of pre-emption shall be made J^'j^^contested to the Commissioner of the General Land Office, whose de- pre-emption cision shall be final, unless appeal therefrom be taken to the '^^' Secretary of the Interior. 5 Stat. 456 ; 11 id. 326 ; E. S. 2273. Barnard v. Ashley, 18 How. 43 ; Garland v. Wynn, 20 id. 6 ; Lytle v. Arkansas, 22 id. 193 ; Hark- ness et al. i). Underhill, 1 Black, 316 ; Lindsey v. Hawse, 2 id. 554 ; Minnesota v. Batchelder, 1 Wall. 109; Litchfield v. Eegister and Eeceiver, 9 id. 575 ; Johnson v. Towsley, 13 id. 72 ; Warren v. Van Brunt. 19 id. 646 ; Shepley et al. v. Cowan ei al., 1 Otto, 330. 1 Op. Att. Gen. 201. Laughlin v. McGarvey, 50 Cal. 169. « Sec. 40. Where bona-fide settlers, under the homestead or ^^^oJl^J^J preemption laws, have, subsequent to the date of filling their ?egi«ter or "V ap])lications to enter not exceeding one quarter-section of^"^^- o THE GENERAL LAND OFFICE. public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office. 17 Stat. 10; E. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647. iate°™1,u*ofM?' ^^*^- *^- ^^® Commissioner of the General Land Office Tey and pnbu^ shall havc powcr to establish the maximum charges for sur- ^Mes.'° ™"®'^ veys and the publication of notices under the mineral laws ; and in case of excessive charges for publication he may des- ignate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper. 17 Stat. 95 ; 19 id. 52 ; R. S. 2334. Commissi^er Sec. 42. Whenever any reservation of public lands is Krice oF^^ brought into market, the Commissioner of the General Land SMker*""^^^ *" Office shall fix a minimum price, not less than one dollar and twenty-five cents per acre, below which such lands shall not be disposed of. 13 Stat. 374 ; R. S. 2:364. Correctioii of Sec. 43. In casc of mistakes in description, the Commis- 6cript?on° If e^ sioncr is authorized, upon prescribed proof, to correct entries tries. of public lands, where the same do not exceed one half-sec- tion, and where the certificate has not been assigned. 4 Stat. 31 ; R. S. 2372. Wilson t'. Byns, 77 His. 76 ; Corwan v. John- son, 29 Mo. 84; State v. Commissioner, 17 Wis. 248. EegtUationsfor Sec. 44. He shall prescribe regulations for the conduct of sale of town lots, gg^j^g ^j ^^^^^ j^^g ^^ public Sale and by private entry. 12 Stat. 754 ; E. S. 2381. Leech v. Ranch, 3 Minn. 448. Approval of Sec. 45. The Commissioner shaU approve all contracts for s^^ytog con-^jjg g^j,^gy ^j the public lands. 12 Stat. 409 ; R. S. 2398. Maguire v. Tyler, 1 Black, 201 ; Parke V. Ross, 11 How. 362; McKee v. U. S., 1 N. & H. 336. Commissioner's Sbc. 46. The instructions issued by the Commissioner of deemeT pirtVf t^e General Land Office not in conflict with law shaU be contract for sur- deemed part of every contract for surveying the public lands. ^^^"^' 12 Stat. 409 ; E. S. 2399. Price of snr- Sec. 47. Subjcct to the Statutory maximum, he shall fix ™Aoconnt™*of *^® prfcc per mile for public surveys, and he shall instruct costs of survey- the survcyor- general as to the mode of keeping accounts iiliiS?^*** '^°*and making reports of the cost of surveying and platting private land claims. 12 Stat. 409 ; 18 id. 384 ; E. S. 2400. inatmctionsfor Seo. 48. He Shall instruct the surveyor-general as to the surveys upon de- survcy of any townships upon the deposit by settlers of the cost thereof. 12 Stat. 410 ; R. S. 2401. Cir. G. L. O., March 5, 1880. Augmented Sec. 49. The Commissioner of the General Land Office J|*f^^f J ^^«y| may authorize, in his discretion, public lands in Oregon, witiiforests,&c., densely covered with forests or thick undergrowth, to be ill Oregon. survcycd at augmented rates, not exceeding eighteen dol- lars per mile for standard parallels, fifteen dollars for town- ships, and twelve dollars for section lines. 16 Stat. 304, 305 ; R. S. 2404. Decision Seo. Int., June 16, 1879. THE GENERAL LAND OFFICE. 9 Seo. 50. Tha Commissioner of the General Land Office, ibid, for cau- in his discretion, may hereafter authorize public lands in^^™*^** California and in Washington Territory, densely covered with forests or thick undergrowth, to be surveyed at aug- mented rates, not exceeding eighteen dollars per linear mile for standard parallels, sixteen dollars for townships, and fourteen dollars for section lines. 17 Stat. 358; R. S. 2405. Decision Sec. Int., June 16, 1879. Sec. 51. When geodetic surveys in Oregon and Califor- negniationsfor nia are authorized by the Secretary of the Interior, the g«>detic surveys Commissioner shaU prescribe the regulations and terms for the execution thereof. 9 Stat. 496; 10 id. 245; E. S. 2409. Sec. 52. JJnder the direction of the Secretary of the In- Compensation terior, the Commissioner may aUow compensation by the day siro^gm orT for public surveys in Oregon and California. g?n ^d caiifor- 10 Stat. 247; E. S. 2411. "^ Sec. 53. The Commissioner shall prescribe regulations Eegniationsfoi for the making and execution of assignments of military K^TSf und bounty-land warrants, and for the location thereof. warrants. 30 Stat. 3 ; 11 id. 309 ; E. S. 2414. Bouldin et al. v. Massie's Heirs, 7 Wheat. 122. Nichols v. Nichols, 3 Pinney (Wis.) 174 ; Price I'. Johnston, 1 Ohio St. 390; Duke v. Thompson, 16 Ohio 34; Mock V. Brammer, 28 id. 508; Dupre v. McCrignt, 6 La. 146; B. & M. E. E. Co. V. CUngman, 23 Iowa, 306; Waters v. Bush, 42 id. 255; Dyke v. McVey, 16 Ills. 41. Decision Sec. Int., March 1, 1876. Sec. 54. Pursuant to regulations to be prescribed by the commissioner Secretary of the Interior, the Commissioner shall cause to ^aiiSs! '*"* be located, free of expense, military bounty-land warrants transmitted to him for that purpose by the holders thereof. 9 Stat. 521; E. S. 2437. Decision Seo. Int., March 1, 1876. Sec. 55. The Commissioner shall prescribe regulations Regulations ror for the relocation of miUtary bounty-laud warrants errone-^i^S!""^* ously located by actual settlers. 10 Stat. 256; E. S. 2446. Seo. 56. Conjointly with the Secretary of the Interior Equitable adju- and the Attorney-General, he shall prescribe regulations for p4*ai,™en^trTe°8 the equitable decision of suspended entries of public lands and reports to and of suspended pre-emption claims, and adjudicate in ™s^^'^- what cases patents shall issue upon the same, and report such adjudication to Congress. 9 Stat. 51 ; 10 id. 258 ; 11 id. 22 ; 18 id. 50 ; 19 id. 244 ; E. S. 2450, 2452. Sec. 57. Upon public notice of at least thirty days by Power to order the proper register and receiver^ the Commissioner may mSS^^^ItiSS order into market, without Presidential proclamation, all p™<=iamatioa. lands embraced in claims rejected by the board for equita- ble adjudication, and isolated or disconnected parcels of unofifered lands. 9 Stat. 51; E. S. 2455. Sec. 58. The Commissioner shall issue patenis upon en- Eeisaueotpat tries confirmed by the board for equitable adjudication, *° *' 10 THE GENERAL LAND OFFICE. when such entries had been previously patented and the patents surrendered for cancellation. 10 Stat. 258 ; E. S. 2456. Copi63 of reo- Sbo. 59. The Commissioner shall cause to be prepared, certifl^?" *" **and shall certify, under the seal of the ofBce, such copies of records, books, and papers on file in his office as may be applied for to be used in evidence in courts of justice. 5 Stat. Ill ; 13 id. 375 ; E. S. 461, 891, 2469, 2470. Gait v. GaUoway, 4 Pet. 331. indomnity for Sec. 60. With the approval of the Secretary of the In- swamp lands, tcrior, the Commissioner may, upon satisfactory proof, al- low indemnity to the several States for swamp and over- flowed lands granted to them by the act of September twenty-eighth, eighteen hundred and fifty, and sold by the United States prior to March third, eighteen hundred and fifty-seven. 10 Stat. 634, 635; 11 id. 251; E. S. 2482. 11 Op. Att. Gen. 467; id. July 25, 1877, in manuscript. Decisions Sec. Int., March 31, 1861; May 8, 1861; March 12, 1863; Feb. 8, 1868; Feb. 2,1874. Decision Com. G. L. O., Feb. 17, 1879. Power of Com- Seo. 61. The Commissioucr, under the direction of the reeSattoM ™*''* Secretary of the Interior, is authorized to enforce and carry reguia ions. .^^^ execution evcry part of the public land laws not other- wise specially provided for. E. S. 2478. Bell v. Hearne et at, 19 How. 252 ; Garland v. Wynn, 20 id. 6. 3 Op. Att. Gen. 93, 104, 697 ; 10 id. 56. Pope v. Atheam, 42 Cal. 606 ; McDowell v. Morgan, 28 His. 528 ; Foley v. Harrison, 5 La. Ann. 75. Commissioner Sbo. 62. The Commissioner shaU posscss and cxercisc all Sfraoo^deromndtlif' powcrs and authority and perform all the duties here- tities. tofore required by 1 iw to be performed by the recorder of land titles in Misso uri. 18 Stat. 62. Hale v. Gaines et al., 22 How. 144 ; Eector et al. v. U. S., 2 Otto, 698 ; Scull.-u. U. S., 8 id. 410; U. S. v. Glamorgan, S. C, Oct. T., 1879, in manuscript. 1 Op. Att. Gen. 718. Prim t>. Horen, 27 Mo. 205 ; O'Flaherty v. Kellogg, 59 id. 485. For acts prescribing duties of the recorder of land titles, see 2 Stat. 326, 353, 748, 812 ; 3 id. 86, 121, 329 ; 4 id. 52, 65, 566, 661 ; 19 id. VIS. Commisaioner Seo. 63. It shaU be the duty of the Commissioner to issue to isBne patents, patents for public lands and private land claims in all cases where the issue thereof is authorized by law. 2 Stat. 716; 5 id. 107; E. S. 453. Bell v. Heame, 19 How. 252: Castro V. Hendricks, 23 id. 438 ; Polk's Lessee v. Wendal et al., 9 Cranch, 87 ; Hcofnagle v. Anderson, 7 Wheat. 212 ; Patterson V. Winn, 11 id. 380 ; Stringer et al. v. Young's Lessee, 3 Pet. 320 U. S. V. Arredondo, 6 id. 691 ; Bagnell v. Broderick, 13 id. 436 Stoddard v. Chambers, 2 How. 284 ; Lander v. Brant, 10 id. 348 Minter v. Crommehn, 18 id. 87 ; Field v. Seabury, 19 id. 323 Garlands. Wynn, 20 id. 6; Hooper «. Scheimer, 23id. 235; Greer v! Meze8,24 id. 268; U. S. v. CoviUand, 1 Black, 339; U. S. v. Grimes, 2 id. 610; U. S. v. Stone, 2 Wall. 525; Hogan v. Page, 2 id. 605; Beard v. Federy, 3 id. 478; Hughes v. U. S., 4 id. 232; U. S. «. Com., 5 id. 563 ; Eichart v. Phelps, 6 id. 160 ; Stark v. Starr, 6 id. 402 ; Silver v. Ladd, 7 id. 29 ; Maguire v. Tyler, 8 id. 650 Secretary v. McGarrahan, 9 id. 298 ; Meador v. Norton, 11 id. 442 Johnson v. Towsley, 13 id. 72; Gibson v. Chouteau, 13 id. 92 ' Railway Co. v. Prescott, 16 id. 603 ; Henshaw v. BisseU, 18 ii, 255 ; Langdeau v. Haines, 21 id. 521 ; Morton v. Nebraska, 21 id, 660 ; Miller v. Dale, 2 Otto, 473 , Sherman v. Buick, 3 id. 209 THE GENEEAL LAND OFFICE. 11 McGairaban v. Mining Co., 6 id. 316 ; Moore v. Robbins, 6 id. 530 ; Wirth v. Branson, 8 id. 118 ; Snyder v. Sickles, 8 id. 203 ; CoweU V. Colo. Springs Co., 10 id. 55 ; Simmons v. Wagner, S. C, Oct. T., 1879, in manuscript. Lewis v. Baird, 3 McLean, C. C. 56 ; Nelson v. Moon, 3 id. 319 : Shedds v. Sawyer, 4 id. 181 ; Huide- koper V. Burrows, 1 Wash. C. C. 109 ; Mill and Mining Co. v. Dangbery, 1 Saw. C. C. 450 ; Le Roy v. Clayton, 2 id. 493 ; Dodge V. Perry, 2 id. 645; Le Roy v. Jamison, 3 id. 369; Patterson v. Tatum, 3 id. 164; Wyth ». Haskell, 3 id. 574; Hardy «. Harbin, 4 id. 536 ; Mackey v. Eaton, 2 DUlon, C. C. 41 ; U. S. v. Railway Co., 4 id. 397 ; Seabury v. Field, 1 McAllister, C. C. 60 ; Mezes v. Groeler, 1 id. 401; Chapman «. School Dist., 1 Deady, C. C. 108; Lamb v. Storr, 1 id. 447. 1 Op. Att. Gen. 44, 45, 159, 458, 718 ; 2 id. 15, 41, 186, 501 ; 3 id. 93, 240, 351, 623, 653 ; 4 id. 120, 149, 150, 319, 329; 5 id. 7, 628; 7 id. 491, 636, 681; 9 id. 108; 12 id. 250; 13 id. 456; 14 id. 601, 624. Stevrart v. Parish, 6 Ohio, 477; Smith v. Stork, 7 id. 551; SuUvant v. Weaver, 10 id. 275; Trimble ». Boothly, 14 id. 109; Miliker v. Starling, 16 id. 61 ; Jackson v. Williams, 18 id. 69 ; Subblefield 11. Boggs, 2 Ohio St. 216; Wood v. Ferguson, 7 id. 288; Strong V. Lehman, 10 id. 93; Mathews v. Rector, 24 id. 439; Buokner V. Walcott, 1 Doug. (Mich.) 19; Stockton v. Williams, 1 id. 546; Clark V. Hall, 19 Mch. 356 ; Johnson i;. Ballon, 28 id. 379 ; Sands ti. Davis, 40 id. 14; Jackson v. Astor, 1 Pinney (Wis.) 137; Par- kerson v. Brooker, 1 id. 174; Lamont v. Stimson, 3 Wis. 45; DUlingham v. Fisher, 5 id. 475; Schnee v. Schnee, 23 id. 377; Aumont v. Green Bay & Miss. Co., 31 id. 317 ; Easton v. Lyman, 33 id. 34 ; Arnold «. Grimes, 2 Green (Iowa), 77 ; Cavender v. Smith, 3 id. 349 ; Arnold v. Grimes, 2 Iowa, 13 ; Cavender v. Smith's Heirs, 5 id. 157 ; Fisher v. Warner, 34 id. 447 ; Brison v. Cury, 35 id. 72 ; Waters v. Bush, 42 id. 255 ; Rankin v. Miller, 43 id. 11 ; Steeple v. Downing, 60 Ind. 478 ; Doe v. HiU, Breese (Ills.) 236; Moore v. Hunter, 6 Els. 317; Ballance v. MoFarden, 12 id. 317 ; Gray v. McFadden, 12 id. 324 ; Rankin v. Curtemus, 12 id. 334 ; Gratham v. Atkins, 63 id. 359 ; Vansickle v. Haines, 7 Nev. 249 ; Smith v. Pipe, 3 Colo. 187 ; Starr v. Stark, 2 Oreg. 118; White v. Allen, 3 id. 103 ; Gold Hill Co. v. Ish, 5 id. 104; Moore v. Wilkinson, 13 Cal. 478; Yount v. Howell, 14 id. 465: Mott v. Smith, 16 id. 534; Galup v. Armstrong, 22 id. 480; KimbaU v. Semple, 26 id. 441; Keerau v. Griffith, 34 id. 580; Durfee v. Plaisted, 38 id. 80 ; Frisbee v. Morgues, 39 id. 451 ; Col- lins V. Bartlett, 44 id. 371 ; Canfield v. Thompson, 49 id. 210 ; MoGarrahan v. Mining Co., 49 id. 331; Vance v. Kohlburg, 50 id. 346 ; Miller v. ElUs, 51 id. 73 ; Houghton v. Hardenburg, 53 id. 181; Cruz v. Martinez, 53 id. 239 j Sarpy v. Papin, 7 Mo. 503; Barry v. Gamble, 8 id. 88; Alhson v. Hunter, 9 id. 749; Cowman v. Johnson, 20 id. 108; Thomas v. Wyatt, 31 id. 188; Hill V. Miller, 36 id. 182: Gibson «. Chouteau, 39 id. 536; Maguire V. Tyler, 40 id. 406 ; Calloway v. Trash, 50 id. 420 ; Gaines and Rector V. Hale, 26 Ark. 168; Lott v. Prudhomme, 3 Rob. (La.) 293; Jenkins v. Gibson, 3 La. 203; McGiU v. McGill, 4 id. 262; Foley V. Harrison, 5 id. 75; Pepper v. Dunlap, 9 id. 137 ; Bell v. Heame, 10 id. 515; Cage v. Danks, 13 id. 128: Stemspring v. Bennett, 16 id. 201; Masters v. Eastis, 3 Port. (Ala.) 368; Good- let V. Smithson, 5 id. 245 ; Jones v. Inge, 5 id. 327 ; Bullock r. Wilson, 5 id. 338 ; Innerarity v. Mims, 1 Ala. 660 ; PoUard v. Files, 3 id. 47 ; Hiiies v. Greenlee, 3 id. 73 ; Crommelin v. Minter, 9 id. 594 ; Etheridge v. Doe, 18 id. 565. Decision Sec. Int., Sept. 6, 1870. Decision Com. G. L. O., March 21, 1879. Sec. 64. In case of any claim to land in any State or Ter-^^^a^^jJl'^^^" ritory whicli has heretofore been confirmed by law, and inforeconfinned. which no provision is made by the confirmatory statute for the issue of a patent, it may be lawful, where surveys for the land have been or may hereafter be made, to issue patents for the claims so confirmed, upon the presentation to the Commissioner of the General Land Office of plats of survey thereof, duly approved by the surveyor-general of 12 THE GENERAL LAND OFFICE. any State or Territory, if the same be found correct by the Commissioner. But such patents shall only operate as a relinquishment of title on the part of the United States, and shall in no manner interfere with any valid ad- verse right to the same land, nor be construed to preclude a legal investigation and decision by the proper judicial tribunal between adverse claimants to the same land. 10 Stat. 599 ; E. S. 2447. Beard v. Federy, 3 Wall. 478 ; Maguire V. Tyler, 8 id. 650 ; Langdeau v. Hanes, 21 id. 521 ; Miller v. Dale, 2 Otto, 473 ; U. S. v. Throckmorton, 8 id. 61 ; Snyder v. Sickles, 8 id. 203. 14 Op. Att. Gen. 624. Decisions Sec. Int., Feb. 21, 1872; Deo. 19, 1878; May 17, 1879. Decisions Com. G. L. O., Sept. 18, 1874; Sept. 19, 1876. Fee Bimpie to Sec. 65. Where lands have been or may hereafter be Sn^'tJlt^ granted by any law of Congress to any one of the several uid Tem*«rie8. States and Territories, and where such law does not convey the fee-simple title of the Ian ds, or require patents to be issued therefor, the lists of such lands which have been or may hereafter be certified by the Commissioner of the General Land OfQce, under the seal of his office, either as originals or copies of the originals or records, shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress and intended to be granted thereby ; but where lands embraced in such lists are not of the character em- braced bj such acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are con- cerned, shaU be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby. 10 Stat. 346 ; 18 id. 475 ; E. S. 2449. Pope's Lessee v. Wendal, 9 Cranch, 87; same case, 5 Wheat. 293; Patterson v. 'Winii, 11 id. 380; Greenlief «. Birth, 6 Pet. 302; Lindsey v. Miller, 6 id. 666; Galloway v. Finley et al., 12 id. 264; Stoddard v. Cham- bers, 2 How. 284 ; Foxcraft v. Martel, 4 id. 353 ; Minter v. Crom- melija, 18 id. 87 ; Eastou v. Salisbnry, 21 id. 426 ; U. S. v. Stone, 2 Wall. 525; U. S. v. Hughes, 4 id. 236 ; Maguire v. Tyler, 8 id. 653; Best v. Polk, 18 id. 112; Morton v. Nebraska 21 id. 660; Sherman v. Buick, 3 Otto, 209; Moore v. Eobbins, 6 id. 533; Marquez v. Frisbie, S. C, Oct. T., 1879, in manuscript. Le Eoy V. Clayton, 2 Saw. C. C. 493 ; Patterson v. Tatum, 3 id. 164 ; U. S. V. Eailroad Co., 4 Dillon, C. C. 397. HiU v. MiUer, 36 Mo. 182; Eailroad Co. v. Moon, 37 id. 338 ; Same v. Smith, 40 id. 310; Shepley v. Cowan, 52 id. 559 ; Funkhouser v. Peck, 67 id. 20 ; McGill V. McGill, 4 La. 262 ; Huff v. Doyle, 50 Cal. 21 ; Mc- Laughlin V. Perrill, 50 id. 65 ; Sutton v. Fassett, 51 id. 13 ; Eose- crans v. Douglass, 52 id. 213. Decisions Sec. Int., May 3, June 26, 1879; May 4, July 17, 21,28, 1880. chiBfcierk. Sbc. 66. There shall be in the General Land Office an Inferior officer appointed by the Commissioner, to be employed therein as he shaU deem proper, to be called the chief clerk. The chief clerk shall perform the duties of the Commissioner of the General Land Office in case of a vacancy in said office, or of the absence or sickness of the Commissioner. 2 Stat. 716 ; 11 id. 301 ; R. S. 448. Keoorder of Seo. 67. There shall be in the General Land Office an fl™*"'^"'*" officer caUed the Eecorder of the General Land Office, who shall be appointed by the President, by and with the advice THE GENERAL LAND OFFICE. 13 and consent of the Senate, and shall be entitled to a salarj of two thousand dollars a year. 5 Stat. Ill, 163, 164 ; E. S. 447. Sec. 68. It shall be the duty of the Eecorder of the Gen- DnUes of «- eral Land OfSce, in pursuance of instructions from the Com- ■=<"■*«'• missioner, to certify and afiftx the seal of the office to all patents for public lands, and to attend to the correct en- grossing, recording, and transmission of such patents. He shall prepare alphabetical indexes of the names of patentees and of persons entitled to patents ; and he shall prepare such copies and exemplifications of matters on file or recorded in the General Land Office as the Commissioner may from time to time direct. Whenever the office of Eecorder shall become vacant, or in case of his sickness or absence, the duties of his office shall be performed ad interim by the principal clerk on private land claims. 2 Stat. 717 ; 5 id. Ill ; E. S. 459. U. S. v. Arredondo, 6 Pet. 691 ; Mo- Garrahan v. Mining Co., 6 Otto, 316. Le Eoy v. Jamison, 3 Saw. C. 0.369. 3 Op. Att. Gen. 140, 168, 630. Galup ». Armstrong, 22 Cal. 480 ; Sands v. Davis, 40 Mich. 61. Sec 69. All patents issuing from the General Land Office issnms of pat shall be issued in the name of the United States, and i^e^"*"^""^'^^- signed by the President and countersigned by the Eecorder of the General Land Office ; and shall be recorded in the office in books to be kept for the purpose. 2 Stat. 717 ; 5 id. 417 ; E. S. 458. Steeple v. Downing, 60 Ind. 478 ; Boyce v. Stambaugh, 34 Mich. 348; Lane v. Bommelmann, 17 Ills. 95 ; 3 Op. Att. Gen. 623. Sbo. 70. There shall be in the General Land Office a Prinomaioierks principal clerk of the public lands and a principal clerk on and^" n "prfTOte private land claims, -who shall be appointed by the President, ^™* claims. by and with the advice and consent of the Senate, and shall each be entitled to a salary of one thousand eight hundred dollars a year ; and they shall perform such duties as may be assigned to them by the Commissioner of the General Land Office. 5 Stat. 109 ; E. S. 448. Sec. 71. The officers, clerks, and employes in the General offloers, &o., Land Office are prohibited from directly or indirectly pur- oha'^se^poViTo chasing or becoming interested in the purchase of any of i™'!'- the pubUo lands ; and any person who violates this section shall forthwith be removed from his office. 2 Stat. 717; 5 id. 112; E. S. 452. Sec. 72. The President is authorized to appoint, from Seoretarytotho time to time, by and with the advice and consent of the hnTpatents."^ Senate, a secretary, at a salary of one thousand five hun- dred dollars a year, whose duty it shall be, under the direc- tion of the President, to sign in his name, and for him, aU patents for land sold or granted under the authority of the United States. 5 Stat. Ill; E.S. 450. Steeple r. Downing, 60 Ind. 478. 3 Op. Att. Gen. 623. Sec. 73. y at any time the number of patents for lands Assistant bm- sold or granted under the authority of the United States ilna^patenta. ^° 14 THE GENERAL LAND OFFICE. is such that they cannot be signed within a reasonable time by the secretary appointed under the preceding section, the President may appoint an assistant secretary to sign the same, but such assistant shall be employed by the express direction of the President, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature. 9 Stat. 209; E. S. 451. waiTants for Sec. 74. lu all cases in which land has heretofore or shall bS^Sdla;&o!°liereafter be given by the United States for military serv- ices, warrants shall be granted to the parties entitled to such land by the Secretary of the Interior ; and such war- rants shall be recorded in the General Land Ofilce, in books to be kept for the purpose, and shall be located as is or may be provided by law ; and patents shall afterwards be issued accordingly. 2 Stat. 717 ; E. S. 457. Taylor et al. v. Brown, 5 Cranch, 234. Laniviere v. Madagan, 1 Dillon, C. C. 455; Eice v. Taylor, 2 id. 23; Lewis v. Baird, 3 McLean, C. C. 56; Price v. Johnston, ] OMo St. 390 ; Wood v. Ferguson, 7 id. 288. Copies of pa- Sec. 75. Whenever any person claiming to be interested Sf J^itofnt" i*^ ^''^ entitled to land under any grant or patent from the United States applies to the Department of the Interior for copies of papers filed and remaining therein, in anywise affecting the title to such land, it shall be the duty of the Secretary of the Interior to cause such copies to be made out and authenticated, under his hand and the seal of the General Land OfQce, for the person so applying. 3 Stat. 721 ; 5 id. Ill ; E. S. 460. Prinoipai clerk Sec. 76. There shall be in the General Land Office a » e mirveys. pji^jn^ipal clerk of the surveys, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of one thousand eight hundred dollars a year. He shall direct and superin- tend the making of surveys, the returns thereof, and all matters relating thereto, which are done through the officers of the surveyor-general, and perform such other duties as may be assigned to him by the Commissioner of the General Land Office. 5 Stat. 110; E. S. 449. CHAPTER THREE. SURVEYS AND SURVEYORS. Sea. 77. 78. 79. 80. 81. 83. 84. 85. 86. 87. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. Surveyors-general, how and where appointed. Salary of, in Louisiana, Florida, Min- nesota, Nebraska, Iowa, and Da- kota. Salary of, in Oregon and Washing- ton Territory. Salary of, in Colorado, New Mexico, California, Idaho, Nevada, Mon- tana, Utah, Wyoming, and Arizona. Salary of, in Florida, Oregon, and California, howandfromwhattime payable. Offices, number and location of. Eesidence of surveyor-general. Bond of surveyor-general. Duration of office. Continuance of duties and bond after expiration of commission. Transfer of papers and discontinu- ance of office in case of completed surveys. Devolution of powers of surveyors- general upon Commissioner in case of discontinuance of office. Free access to public records deliv- ered to States, and conditions of such delivery. General duties of surveyors-gensral. Bond of deputy surveyor. Oath of deputy surveyor. Suit on bond of deputy surveyor a lien on hia property. Penalty for default of deputy sur- veyor. Transcripts from records, and seals of surveyors-general of California, Oregon, and Louisiana. Custody of official papers, &c., by surveyor-general of California. Allowance for clerk hire, office rent, &c., to surveyor-general. Duties of register and receiver per- formed by surveyor-general, when. Rules of survey. Boundaries and contents of public lands, how ascertained. Lines of division of half quarter-sec- tions, how run. Sec. 102. Variance in shape of surveys on riv ers, &o. 103. Variance from rectangular subdivia ions in Nevada. 104. Geodetic method of survey in Ore- gon and California. 105. Departure from rectangular surveys in California. 106. Extension of p ublio surveys over min- eral lands. 107. What instructions to be deemed part of contract. 108. Subdivision of placer claims. 109. Deputiestosurveymiuing claims, and power of Commissioner to fix prices. 110. Surveyor-general to make plat and field-notes of mining surveys, and to give certificate of improvements, &c. 111. Contracts for surveys of public laud, when binding. 112. Costs of surveying private land claims and railroad grants to be refunded. 113. Augmented rates for surveys in Ore- gon, California, and Washington Territory. 114. Pay by the day for surveys in Oregon and California. 115. When survey may be had by settlers in townships. 116. Deposit for expenses of surveys deem- ed an appropriation, &o. 117. Settlers' deposits for surveys to go in part payment for lands, and are assignable. 118. Surveyor-general to survey private land claims when confirmed, &o. 119. Surveyors-general in New Mexico, &c., to report to Congress on pri- vate land claims. 120. Penalty for interrupting surveys. 121. Protection of surveyor by marshal of district. 122. Surveyors to explore and select tim- ber lands to reserve for use of the Navy. 123. Director of geological surveys, duties of, &c. Sec. 77. There shall be appointed by the President, by and surveyois-gei^ with the advice and consent of the Senate, a surveyor-gen- ^^reapp^iutea. eral for the States and Territories herein named, embracing, respectively, one surveying district, namely: Louisiana, Florida, Minnesota, Kansas, California, Nevada, Oregon, Ifebraska and Iowa, Dakota, Colorado, New Mexico, Idaho, Washington, Montana, Utah, Wyoming, Arizona. 15 16 SURVEYS AND SURVEYORS. 3 Stat. 755; 4 id. 492: 9 id. 496; 10 id. 244, 306, 308, 309, 611; 11 id. 213 ; 12 id. 176, 214, 244 ; 14 id. 77, 85, 344, 542 ; 15 id. 91 ; 16 id. 65, 230 ; 17 id. 76 ; 18 id. 18, 34, 121, 122, 123, 201, 303 ; 19 id. 126, 207 ; R. S. 2207. ho^ki^l °llo^ Seo. 78. The surveyors-general of Louisiana, Florida, Min- Waj Muiesoti nesota, Kansas, Nebraska and Iowa, and of Dakota Terri- iowf?\n*d°'D^tory, shall each receive a salary at the rate of two thousand kota. dollars a year. 3 Stat. 755; 4 id. 493 ; 12 id. 244 ; 17 id. 76 ; R. S. 2208. 0reg1)n^ "I'Ji ^EC. 79. The suTveyors-general of Oregon and of Wash- Washington, ington shall each receive a salary at the rate of two thou- sand five hundred dollars a year. 9 Stat. 496; 10 id. 158, 248, 306, 674 ; 12 id. 410; 17 id. 76 ; R. S. 2209. Salary of; in Seo. 80. The surveyops-gcneral of Colorado, ZJTew Mexico, M°eS?^o°'c^or. California, Idaho, Ifevada, Montana, Utah, Wyoming, and nia^ Idaho Ne- Arizona shall each receive a salary at the rate of three thou- vada, Montana, . - _, ■' Utah, Wyoming, sand dollars a year. and Arizona. ^^ g^^^ 2^^^ g^g^ ^^^ . ^^ ^^ ^^g^ 2^^^ ^^^ . ^^ .^^ ^^^ g^^ ^^2 . ^g ^^ 91; 16 id. 65, 230; 17 id. 76; R. S. 2210. Florid™ 0°*^' "" ®^*^' ^^' ^^® salary of each surveyor-general of Florida, a n d caiifomS; Oregon, and California shall be paid quarter-yearly, and shall wSt^Sme^pa^*'^™'^®^*^®^'^^'^ ^^^ time he enters into bond, as provided by able. law. 3 Stat. 756; 9 id. 496 ; 10 id. 244 ; R. S. 2211. Offices number Sec. 82. The surveyor-geueral's ofQce for Minnesota dis- an oca on. ^j^^ shall be located at the city of Saint Paul ; that for Idaho Territory at Boise City ; that for the district of Ne- braska and Iowa at Plattsmouth, in Nebraska ; that for each other surveying district at such place as the President, in view of the public convenience, may from time to time di- rect ; and there shall be but one office of surveyor-general in each district. 11 Stat. 212 ; 13 id. 352 ; 14 id. 77, 344 ; R. S. 3812, 2213. Residence of Sec. 83. Every surveyor-general, while in the discharge .urTeyor.generai.^^f the dutics of his offlcc. Shall reside in the district for which he is appointed. 5 Stat. 637 ; R. S. 2414. Bond of sar- Sec. 84. Every surveyor-general shall, before entering on Teyor-generaL ^;j^g dutics of his officc, cxecutc and deliver to the Secretary of the Interior a bond, with good and sufiQcient security, for the penal sum of thirty thousand dollars, conditioned for the faithful disbursement, according to law, of all public money placed in his hands, and for the faithful performance of the duties of his ofiice ; and the President has discretion- ary authority to require a new bond and additional security, under the direction of the Secretary of the Interior, for the lawful disbursement of public moneys. 3 Stat. 697; R. S. 2215, 2216, U. S. v. Vanzandt, 11 Wheat. 184 ; U. S. V. Tingey, 5 Pet. 115 ; Farrar and Brown v. U. S., 5 id. 373 ; U S. V. Bradley, 10 id. 343 ; U. S. v. Linn, 15 id. 29U ; U. S. v. Pres- cott, 3 How. 578; U. S. v. Boyd, 5 id. 29; Bryan v. U. S., 1 Black, 140; Boyden v. United States, 13 Wall. 17 ; Bevans v. V. S., 13 id. 56 ; U. S. V. Thomas, 15 id. 337 ; U. S. v. Stephenson, 1 McLean, C. C. 462 ; U. S. v. Linn, 2 id. 501 ; U. S. v. Ward, 3 id. 179. 8 Op. SUEVEYS AND SURVEYOES. 17 Att. Gen. 7. Cir. G. L. O., July 1, 1871 ; id. May 14, 1879. Treas- ury Clr. , July 13, 1871 (Copp's L. L. 783 ; 1 Lester's L. L. 312, 314). Seo. 85. The commission of each surveyor-general shall Duration of of- cease and expire in four years from the date thereof, unless *"*' sooner vacated by death, resignation, or removal from office. 3 Stat. 697 ; E. S. 2217. Best v. Polk, 18 Wall. 112. Decision Com. G. L. O., Feb. 20, 1853 (1 Lestei's L. L. 340). Sec. 86. Every surveyor-general, except where the Presi- Continuance of dent sees cause otherwise to determine, is authorized to con- after* expiration tinue in the uninterrupted discharge of his regular official ''*«'"™'*«"''"- duties after the day of expiration of his commission and until a new commission is issued to him for the same office, or until the day when a successor enters upon the duties oi such office ; and the existing official bond of any officer so acting shall be deemed good and sufficient and in force until the date of the approval of a new bond to be given by him, if recommissioned, or otherwise, for the additional time he may so continue officially to act, pursuant to the authority of this section. 10 Stat. 247 ; 18 id. 62 ; E. S. 2222. Sec. 87. Whenever the surveys and records of any sur- Transfer of pa- veying district are completed the surveyor-general thereof g^^^^^J'^^^g shall be required to deliver over to the secretary of state of in case of com- the respective States, including such surveys, or to such^^®*^*°^®''°' other officer as may be authorized to receive them, all the field-notes, maps, records, and other papers appertaining to land titles within the same ; and the office of surveyor-gen- eral in every such district shall thereafter cease and be dis- continued. 5 Stat. 384 ; 19 id. 121 ; E. S. 2218. Sec. 88. In all cases of discontinuance, as provided in the Devolution of preceding section, the authority, powers, and duties of theg^^^j^^jj^ p°jS surveyor-general in relation to the survey, resurvey, or sub- caseof diacontin- di vision of the lands therein, and all matters and things con- "™™" nected therewith, shall be vested in and devolved upon the Commissioner of the General Land Office. 10 Stat. 152 ; E. S. 2219. Sec. 89. Under the authority and direction of the Commis- i^?e accesB to i^^^^. " J public records de- sioner of the General Land Office, any deputy surveyor orliTOrod to states other agent of the United States shall have free access to ™dc»°}]>^''°J« »' any such field-notes, maps, records, and other papers for the purpose of tailing extracts therefrom or making copies thereof without charge of any kind f but no transfer of such public records shall be made to the authorities of any State until such State has provided by law for the reception and safe-keeping of such public records and for the allowance of free access thereto by the authorities of the United States. 10 Stat. 152; 18 id. 62; E. S. 2220, 2221. Sec. 90. Every surveyor-general shall engage a sufficient General duties number of skillful surveyors as his deputies, to whom he is of ^I'^eyo^s™- authorized to administer the necessary oaths upon their ap- pointments. He shall have authority to frame regulations for their direction, not inconsistent with law or the iustruc- 2 L o 18 SURVEYS AND SUKVEYOES. tions of the General Land Office, and to remove them for negligence or misconduct in office. Taylor and Quarlls v. Brown, 5 Cranch, 234 ; Craig ei al. v. Braxford, 3 Wheat. 594; EUicott ci aZ. u. Pearl, 10 Pet. 412 ; Brown's Lessee «. Clements, 3 How. 650. Reed v. Conway 20 Mo. 22; same case, 26 id. 13; Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274; McClintock v. Eodgers, 11 Ills. 279. Cir. G. L. O., June 26, 1880. Second. He shall cause to be surveyed, measured, and marked, without delay, all base and meridian lines through such points and perpetuated by such monuments, and such other correction parallels and meridians as may be pre- scribed by law or by instructions from the General Land Office in respect to the public lauds within his surveying district, to which the Indian title has been or may be here- after extinguished. Gazzam ?•. Phillips' Lessee, 20 How. 372. 3 Op. Att. Gen., 281, 284. Atshire v. Hnlse, 1 Ohio, 170 ; Hastings v. Stevenson, id. 'd; Mc- Kinney v. McKinney, 8 id. 423 ; Hamil i>. Carr, 21 Ohio St. 258 ; Heudrick v. Eno, 42 Iowa, 411 ; Saint Louis v. Walker, 40 Mo. ?j-i?, ; Jordan v. Barrett, 13 La. 24 ; Fowler v. Diival, 11 id. 561 ; Cox v. Jones, 47 Cal. 412. Cir. G. L. 0., Jane 26, 1880. Third. He shall cause to be surveyed all private land claims within his district after they have been confirmed by authority of Congress, so far as may be necessary to com- plete the survey of the public lands. Menard's Heirs v. Massey, 8 How. 293 ; Kissell v. St. Louis Public Schools, 18 id. 19 ; Stanford v. Taylor, 18 id. 409 ; Ballance v. Foi- syth, 24 id. 183 ; U. S. v. Fossat, 25 id. 445 ; Carondelet v. St. Louis, 1 Black, 179; U. S. v. Sepulveda, 1 Wall. 104; U. S. v. Halleck, 1 id. 439 ; U. S. v. Billings, 2 id. 444 ; Sutter's case, 2 id. 562 ; U. S. V. Pacheco, 2 id. 587 ; Fossat case, 2 id. 649 ; Dehon v. Bernal, 2 id. 774 ; U. S. V. Armijo, 5 id. 444 ; Higueras v. U. S., 5 id. 827 ; Ma- guire 1^ Tyler, 8 id. 650 : Lynch v. Bernal, 9 id. 315 ; Henshaw v. Bissell, 18 id. 255 ; Shepley et al. v. Cowan et al., 1 Otto, 330 ; Mil- ler et al. r. Dale et al., 2 id. 473 ; Van Reynegan v. Bolton, 5 id. 33; TJ. S. V. Throckmorton, 8 id. 61 ; Snyder v. Sickles, 8 id. 203 ; Scull V. U. S., 8 id. 410. Bissell v. Henshaw, 1 Saw. C. C. 553; Leroy V. Jamison, 3 id. 369. Gibson v. Chouteau, 39 Mo. 536 ; Milburn v. Hardy, 28 id. 514 ; Funkhouser v. Hantz, 29 id. 540 ; Dent v. Leg- esson, 29 id. 489 ; Carondelet v. St. Louis, 29 id. 527 ; McGuire v. Tyler, 30 id. 202 ; Robins v. Eckler, 36 id. 494 ; Clark v. Heam- merle, 36 id. 620; Gibson v. Chouteau, 39 id. 536; Vasquez v. Ew- Ing, 42 id. 247 ; Glasgow v. Lindell, 50 id. 60 ; Rector v. Gaines, 19 Ark. 70 ; Ashley v. Rector, 20 id. 359 ; Meanx v. Breaux, 10 Mar- tin (La.) 304 ; Moon v. Wilkinson, 13 Cal. 478; Boggs v. Mining Co., 14 id. 279; Mott d. Smith, 16 id. 534 ; Johnson v. Van Dyke, 20 id. 225 ; McGarrahan v. Maxwell, 27 id. 75 ; Tread wav v. Sem- ple, 28 id. 652; Searle v. Ford, 29 id. 104 ; Mahoney v. Van Win- kle, 33 id. 448 ; Morrill v. Chapman, 35 id. 85 ; Yates v. Smith 38 id. 60; San Diego «. Allison, 46 id. 103. Decisions Sec. Int., July 16, 1872; Aujr. 8, 1876; Aug. 17, 1876; March 16, 1877. Decisions Com. G. L. O., Aug. 18, 1860; Sept. 18, 1874; Nov. 3, 1874; Sept. 18, 1875 ; Oct. 28, 1 875 ; June 26, 1879. Cir. G. L. 0., June 26, 1880. Fourth. He shall transmit to the register of the respective land offices within his district general and particular plats of all lands surveyed by him for each land district; and he shall forward copies of such plats to the Commissioner of the General Land Office. Barnard V. Ashley, 18 How. 43; Water and Mining Co. v. Bugbee, 6 Otto, 165. Hamil v. Carr, 21 Ohio St. 258; Doe v. Hildreth, 2 Ind. 274 ; Pope v. Athearn, 42 Cal. 606. Com. G. L. O. Instruc- tions to Surveyors-General, April 17, 1879. SUEVETS AND SUEVEYOES. 19 Fifth. He shall, so far as is compatible with the desk du- 'Aes of his office, occasionally inspect the surveying opera- tions while in progress in the field, sufficiently to satisfy himself of the fidelity of the execution of the work accord- ing to contract, and the actual and necessary expenses in- curred by him while so engaged shall be allowed ; and where it is incompatible with his other duties for a surveyor-gen- eral to devote the time necessary to make a personal inspec- tion of the work in progress, then he is authorized to depute a confidential agent to make such examination, and the act- ual and necessary expenses of such person shall be allowed and paid for that service, and five dollars a day during the examination in the field ; but such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary ; and when a surveyor-general, or any person employed in his office at a regular salary, is engaged in such special service he shall receive only his necessary expenses in addition to his regular salary. 1 Stat. 464; 13 id. 325; 4 id. 492; W id. 245, 247; IS id. 34; 19 id. 126; E. S. 2223. Sec. Int. Instructions, July 1, 1874; Sept. 21, 1874. Cir. G. L. O., June 26, 1880. Sec. 91. Every deputy surveyor shall enter into bond, Bondofdepnty with sufficient security, for the faithful performance of all ^™^'*y™' surveying contracts confided to him ; and the penalty of the bond, in each case, shall be double the estimated amount of money accruing under such contracts, at the rate per mile stipulated to be paid therein. The sufiiciency of the sureties to all such bonds shall be approved and certified by the proper surveyor-general. 4 Stat. 493 ; 10 id. 247; E. S. 2230. U. S. v. Tanzandt, 11 Wheat. 184 ; U. S. V. Tingey, 5 Pet. 115 ; Farrar et al. v. U. S. , 5 id. 373 ; U. S. V. Bradley, lU id. 343; U. S. v. Linn, 15 id. 290. U. S. v. Stephenson, 1 McLean, C. C. 462. Sec. 92. The surveyor-generals, in addition to the oath Oath of deputy now authorized by law to be administered to deputies on ^""^y*"^- their appointment to office, shall require each of their depu- ties, on the return of his surveys, to take and subscribe an oath that those surveys have been faithfully and correctly executed according to law and the instructions of the sur- veyor-general. 9 Stat. 79 ; E. S. 2231. Ellioott and Meredith v. Pearl, 10 Pet. 412 ; U. S. V. Hanson, 16 id. 196 ; Bollard et al. v. D wight etal.,i Cranch, 421 ; Taylor et al. v. Brown, 5 id. 234. Cir. G. L. O., June 26, 1880. Sec. 93. The district attorney of the United States, in Smtonijondof whose district any false, erroneous, or fraudulent surveys ueS'^^^"""^"' have been executed, shall, upon the application of the proper surveyor-general, immediately institute suit upon the bond of such deputy, and the institution of such suit shall act as a lien upon any property owned or held by such deputy or his sureties at the time such suit was instituted. 9 Stat. 79 ; E. S. 2232. Sec. 94. In the event of the failure of a deputy in Loui- Penalty for ae- siana to comply with the terms of his contract, unless such *''"'" »'«opn ^°*^ ^^^ Subdividing of surveyed lands into lots less toids. ™^°®''' than one hundred and sixty acres may be done by county and local surveyors at the expense of claimants ; but noth- ing in this section contaiiied shall require the survey of waste or useless lands. 10 Stat. 15, 21; 16 id. 218; E. S. 2406. ■What inatrno- Sec. 107. The printed manual of instructions relating to tionstobedeemed the public surveys, prepared at the General Land Offtce, part of contract. ^^^ bearing date February twenty-second, eighteen hundred and fifty-five, the instructions of the Commissioner of the General Land Office, and the special instructions of the sur- veyor-general, when not in conflict with such printed man- ual or the instructions of the Commissioner, shall be taken and deemed to be a part of every contract for surveying the public lands. 12 Stat. 409; K. S. 2399. Cir. G. L. 0., June 26, 1880. „ . ,. . . , Sec. 108. Legal subdivisions of forty acres of placer lands Subdivision of , •,■,■■■,■,■ j_ ^ i j. placer claims, may be Subdivided into ten-acre lots. 16 Stat. 217 ; K. S. 2330. Sec. 109. The surveyor-general of the United States veymki*togctaiSs ™^y appoint in each land district containing mineral lands »nd power ofas many competent surveyors as shall apply for appoint- flx'5^08.™" *" ment to survey mining claims. The expenses of the sur- vey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commis- sioner of the General Land Office shall have power to estab- lish the maximum charges for such surveys ; and to the end that he may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for surveys, which state- ment shall be transmitted to the Commissioner of tlie Gen- eral Land Office. 17 Stat. 95; 19 id. 52; E. S. 2334. Decision Com. G. L. 0., April 20, 1877. snrveyoT-gen- Sec. 110. The survcyor-geueral of the United States shall Indfieid-note'^'of prepare or cause to be prepared a plat and field-notes of mining surveys, all mining survcys made by authority of law, which shall uficatfTf Im'-show accurately the boundaries of such claims; and, when provements, &c. •vraiTanted by the facts, he shall give to the claimant his certificate that five hundred dollars' worth of labor has been expended or improvements made upon the claim by the claimant or his grantors, and that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and fur- nish an accurate description , to be incorporated in the paten t. 17 Stat. 92; E. S.2325. ^ SURVEYS AND SURVEYORS. 25 Sec. 111. Contracts for tlie survey of the public lands contracts for shall not become binding upon the United States until ap- f^ds, whenSSi proved by the Commissioner of the General Land Office, ^s- except in such cases as the Commissioner may otherwise specially order. 12 Stat. 409; R. S. 2398. Magnire v. Tyler, 1 Black, 201; Parks ». Ross, 11 How. 362 ; Spencer v. Lapsley, 20 id. 264. Reed v. Con- Tray, 26 Mo. 13. Decision Sec. Int., Feb. 27, 1878. Sec. 112. The Commissioner of the General Land Office Price of snr- has power, and it shall be his duty, to fix the prices per uZ'd.'**^ mile for public surveys, which shall in no case exceed the ing''riTateciS maximum established by law; and, under instructions to be an STaiiroad prepared by the Commissioner, an accurate account shall Sed.*" *** ^^ be kept by each surveyor-general of the cost of surveying and plotting private land claims, to be reported to the Gen- eral Land Office, with the map of such claim ; and patents shall not issue for any such private claim, nor shall any copy of such survey be furnished, until the cost of survey and platting has been paid into the Treasury by the claim- ant or other party ; and before any land granted to any railroad company by the United States shall be conveyed to such company or any persons entitled thereto, under any of the acts incorporating or relating to said company, unless such company is exempted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of surveying, selecting, and convey- ing the same by the said company or persons in interest. 12 Stat. 409 ; 18 id. 384 ; 19 id. 122 ; R. S. 2400. Railway Co. v. Pres- cott, 16 Wall. 603 ; Railway Co. v. McShane, 22 id. 444 ; Hanne- well V. Cass Co., 22 id. 464 ; Colorado Co. v. Commissioners, 5 Otto, 259. Decisions Sec. Int., Dec. 17, 1874; Feb. 27, 1878; Feb. 20, 1879 ; March 5, 1879 ; April 2, 1879. Decisions Com. G. L. 0., April 18, 1867 ; Aug. 8, 1867 ; Feb. 17, 1869 ; Marcb 26, 1870. Cir. G. L. O., June 26, 1880. Seo. 113. The Commissioner of the General Land Office ^A^^fJ^^'J^^^^ may authorize, in his discretion, public lands in Oregon, m Oregon cali- densely covered with forests or thick undergrowth, to befn^onT'enSS?^." surveyed at augmented rates, not exceeding eighteen dol- lars per mile for standard parallels, fifteen dollars for town- ships, and twelve dollars for section lines; and under like conditions he may allow augmented rates in California, and in Washington Territory, not exceeding eighteen dollars per linear mile for standard parallels, sixteen dollars for town- ship, and fourteen dollars for section lines. 16 Stat. 304, 305; 17 id. 358; R. S. 2404, 2405. Decision Sec. Int., June 16, 1879.. Cir. G. L. O., June 26, 1880. Sec. 114. Whenever the public surveys, or any portion of Pay by thoday them, in the States of Oregon and California, are so required o'lli-o^rclu. to be made as to render it expedient to make compensation fcmia. for the surveying thereof by the day instead of by the mile, it shall be lawful for the Commissioner of the General Land Office, under the direction of the Secretary of the Interior, to make such fair and reasonable allowance as, in his judg- ment, may be necessary to insure the accurate and faithful execution of the work. 10 Stat. 247; R. S.2411. Decision Sec. Int., June 16,1879. Cir. G. L. O., June 26, 1880. 26 SURVEYS AND SURVEYORS. "WTien survey Sbc. 115. When the settlers in any township, not mineral Mttiera in'toTO^or reserved by Government, desire a survey made of the 8i"p- same, under the authority of the surveyor-general, and file an application therefor in writing, and deposit in a proper United States depository, to the credit of the United States, a sum sufficient to pay for such survey, together with all expenses incident thereto, without cost or claim for indem- nity on the United States, it may be la^vful for the surveyor- general, under such instructions as may be given him by the Commissioner of the General Land Office, and in accord- ance with law, to survey such township and make return thereof to the general and proper local land office, provided the township so proposed to be surveyed is within the range of the regular progress of the public surveys embraced by existing standard lines or bases for the township and sub- divisional surveys. 12 Stat. 410 ; R. S. 2401. Decision Sec. Int., Jan. 28, 1880. Cir. G L. 0., June 27, 1879; March 5, 1880. Deposit f^ex- Sec. 116. The deposit of money in a proper United States Seemedan'a^ro^ depository. Under the provisions of the preceding section, priation, &o. shall be deemed an appropriation of the sums so deposited for the objects contemplated by that section, and the Sec- retary of the Treasury is authorized to cause the sums so deposited to be placed to the credit of the proper appropria- tions for the surveying service ; but any excesses in such sums over and above the actual cost of the surveys, com- prising all expenses incident thereto, for which they were severally deposited, shall be repaid to the depositors re- spectively. 13 Stat. 404 1 R. S. 2402. Cir. G. L. 0,, June 27, 1879. Settlers' de- Seg. 117. Where settlers make deposits in accordance to go'in rart^ay^ with the provisions of section one hundred and fifteen, and'ar'''aa3i"''al*''^® amount SO deposited shall go in part payment for their an are aasigua- j^^^^^g situated in the towuships, the surveyiag of which is paid for out of such deposits ; or the certificates issued for such deposits may be assigned by endorsement and be re- ceived in payment for any ijublic lands of the United States entered by settlers under the pre-emption and homestead laws of the United States, and not otherwise. 10 Stat. 581; 19 id. 38; 20 id. 352; R. S. 2403. Cir. G. L. O., June 27, 1879. SurveyorsgMi- Qec. 118. Each survcyor-gcueral, when thereunto duly prtvate^a^d authorized by law, shall cause aU confirmed private land amed,^™ ""^ claims within his district to be accurately surveyed, and shall transmit plats and field-notes thereof to the Commis- sioner of the General Land Office for his approval. When publication of such surveys is authorized by law, the proof thereof, together with any objections properly filed and all evidence submitted either in support of or in opposition to the approval of any such survey, shall also be transmitted to said Commissioner. 2 Stat. 326, 352 ; 3 id. 325 ; 5 id. 740 ; 9 id. 242, 633 ; 10 id. 244, 308, 599 ; 11 id. 294 ; 12 id. 172, 209, 369, 409 : 13 id. 332, 344 ; 14 id. 218; 16 «. 64, 304; 18 id. 305; 19 id. 121, 202; R. S. 2447. Bissell V. Penrose, 8 How. 317 ; Villaloboa i;. U. S., 10 id. 541 ; SURVEYS AND SUEVEYOES. 27 Ledoux 1) Black, 18 id. 473; U. S. v. Fossat, SO id. 413 ; Brown v. Huger, 21 id. 305 ; U. S. v. Fossat, 21 id. 445 ; Castro v. Hendricks, 23 id. 438 ; Ballance v. Forsyth, 24 id. 183 ; U. S. v. Sepulveda, IWall. 104; U. S. v. Halleck liU439; U. S. i). Vallejo, lid. 658; Sutter's case, 2 id. 562 ; Fossat case, 2 id. 649; Higueras v. U.S., 5 id. 827 ; Alviso v. U. S., 8 id. 337. 12 Op. Att. Gen. 116, 250 ; 14 id. 74, 601. U. S. v. Garcia, 1 Saw. C. C. 383; Russell v. Hen- shaw, 1 id. 553; Leroy «. Jamison, 3 id. 369; U. S. v. FUnt, 4 id.i2. Dent r. Segerson, 29 Mo. 480; Fowler v. Duvall, 11 La. Ann. 561; Waterman v. Sniitb, 13 Cal. 373; Moore v. Wilkerson, 13 id. 478 ; Merritt v. Jndd, 14 id. 60 ; Mott v. Smith, 16 id. 534 ; Johnson v. Van Dyke, 20 id. 225; McGarraghan i>. Maxwell, 27 id. 75 ; Seale v. Ford, 29 id. 104. Cir. G. L. O., June 26, 1880. Sec. 119. It shall be the duty of each surveyor-general, erfi^feTM^"- whose respective surveying district includes any portion ico,&c., to report of the territory embraced, on the twenty-second day ofp''ri^''°f™Yau'a July, eighteen hundred and fifty-four, within the limits of claims. the then Territory of New Mexico, under the instructions of the Secretary of the Interior, to ascertain the origin, nature, character and extent of all claims to lands under the laws, usages, and customs of Spain and Mexico; and for this pur- pose may issue notices, summons witnesses, administer oaths, and do and perform all other necessary acts in the premises. He shall make a full report on all such claims as originated before the cession of the Territory to the United States by the treaty of Guadalupe Hidalgo, of eighteen hundred and forty-eight, denoting the various grades of title, with his decision as to the validity or invalidity of each of the same under the laws, usages, and customs of the country before its cession to the United States ; and shall also make a re- port in regard to all pueblos existing in the Territory, show- ing the extent and locality of each, stating the number of inhabitants in the said pueblos, respectively, and the nature of their titles to the land. Such report shall be made ac- cording to the form which may be prescribed by the Secre- tary of the Interior, and shall be laid before Congress for such action thereon as may be deemed just and proper, with a view to confirm bona fide grants and give full effect to the treaty of eighteen hundred and forty-eight between the United States and Mexico; and until the final action of Con- gress on such claims, all lands covered thereby shaU be re- served from sale or other disposal by the Government. 10 Stat. 309. NewhaU v. Sanger, 2 Otto, 761 ; Tameling v. Emigra- tion Co., 3 id. 644; U. S. i;. Glamorgan and Danterive r. U. S., S. C, Oct. T., 1879, in manuscript. 14 Op. Att. Gen. 624. Decisions Sec. Int., Dec. 29, 1862; July 26, 1867; Sept. 6, 1870; July 27, 1871; June 6,1872; Feb. 21,1872; March 15,1872; June 6, 1872; Sept. 2, 1872 ; Dec. 17, 1872; Feb. 21, 1873; March 21, 1873; March 26, 1873 ; July 23, 1873 ; July 31, 1873 ; Oct. 30, 1873 ; Feb. 28, 1874 ; March 17, 1874 ; June 29, 1874 ; July 15, 1874 ; Aug. 15, 1874 ; Oct. 27, 1874; Dec. 5, 1874; Jan. 23, 1875; March 27, 1875; June 1, 1875; Feb. 4, 1876; April 22, 1876; Aug. 8, 1876; Aug. 12, 1876; Ang. 17,1876; Dec. 30, 1876; Feb. 7, 1877; Feb. 15, 1877 ; March 16, 1877; April 15,1877; June 3D, 1877; Nov. 15,1877; June 12, 1878; July 11, 1878; Aug. 9, 1878; Oct. 24, 1878; May 21, 1879; May 28, 1879; June 9,1879; June 21, 1879; Aug. 28, 1879; Sept. 20, 1879. Decisions Com. 6. L. O., Aug. 18, 1860 ; June 22, 1870 ; Deo. 14, 1870 ; June 17, 1871 ; Dec. 19, 1871 ; July 9, 1872; Ang. 13, 1872; Sept. 18, 1874 ; Nov. 3,1874; Feb. 12, 1875; June 29, 1675 ; July 19, 1875; May 13, 1876; May 19, 1876; July 7, 1876; Sept. 19,1876; Nov. 15, 1876; April 13, 1877 ; June 22, 1877 ; June 27, 1877 ; Feb. 28 SURVEYS AND SURVEYORS. 1, 1878; Feb. 21. 1878; April 13, 1878; Nov. 11, 1878; Deo. 2, 1878 ; March 21, 1879 ; July 14, 1879 ; Aug. 14, 1879; Sept. 5, 1879. ten^ti^ for i^- Sec. 120. Every person who in any manner, by threat or ^mip g snr-fopgQ^ interrupts, hinders, or prevents the surveying of the public lands, or of any private land claim which has been or may be confirmed by the United States, by the persons authorized to survey the same, in conformity with the in- structions of the Commissioner of the General Land Office, shall be fined not less than fifty dollars nor more than three thousand dollars, and be imprisoned not less than one nor more than three years. 4 Stat. 417; R.S.2412. Protection of Sec. 121. Whenever the President is satisfied that forcible eSa oiiSaimct^'' Opposition has been offered, or is likely to be offered, to any surveyor or deputy surveyor in the discharge of his duties in surveying the public lands, it may be lawful for the President to order the marshal of the State or district, by himself or deputy, to attend such surveyor or deputy surveyor with sufficient force to protect such officer in the execution of his duty, and to remove force should any be offered. 4 Stat. 417 ; K. S. 2413. Snrveyors to Sec. 122. The President is authorized to appoint survey- te?be™1iand?^to o^s of pubHc lauds, who Shall explore such vacant and un- rese^e for use of appropriated lands of the United States as produce the live- *^" oak and red-cedar timbers, and shall select such tracts or portions thereof, where the principal growth is of either of such timbers, as in the judgment of the Secretary of the Navy may be necessary to furnish for the Navy a sufficient supply of the same. Such surveyors shall report to the President the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or water-courses. 3 Stat. 347 ; E. S. 2459. U. S. v. Briggs, 9 How. 351. Director of geo- Seo. 123. The director of the geological survey shall, logical survey, under the Interior Department, have the direction of the geological survey and the classification of the public lands and examination of the geological structure, mineral re- sources, and products of the national domain. 20 Stat. 394. CHAPTER FOUR. LAND DISTRICTS AND OFFICERS. See. 124. Land districts. 125. When land office maybe discontinued by Secretary of tlie Interior. 126. "When land office may be continued by Secretary of the Interior. 127. When land office may be annexed to adjacent district by the President. 128. Change of location of laud office by the President. 129. Discontinuance of land offices by the President. 130. Change of boundaries of land districts and establishment of additional dis- tricts for sale of mineral lauds. 131. Business of original district in case of change of boundaries. 132. Allowance of office rent and clerk hire for consolidated offices. 133. Appointment of registers and receiv- ers. 134. Duration of office of registers and re- ceivers. Sec. 135. Eesidence of registers and receivers. 136. Bond of registers and receivers. 137. Fees and commissions of registers and receivers. 138. Fees of registers and receivers for consolidated land offices. 139. Maximum compensation of registers and receivers. 140. Excess of compensation to be paid in Treasury. 141. Illegal fees ; penalty. 142. Compensation of registers andreceiv- ers ; ■when to commence. 143. Monthly and quarterly returns of re- ceivers. 144. Oaths administered by registers and receivers. 145. Penalty for false information. 146. Deposit of public money. 147. Where claimant of entry becomes register or receiver. Sec. 124. The following are the established boundaries of Landdistnou. the existing land districts, with the location of the respect- ive land offices, until changed in pursuance of law, namely: Mathews v. Zane, 5 Cranch, 92 ; Same case, 7 Wheat. 164 ; Hellan V. Eipley, 3 Eob. (La.) 138. MISSOUEI. Booneville. Booneville land district embraces all that part of the State of Missouri which lies north of the line between townships thirty-seven and thirty-eight north, lying west of the line between ranges ten and eleven west and townships thirty- four and thirty-five north of ranges eleven to thirty-three west, inclusive. Ironton. The land district of Ironton embraces all that part of the State of Missouri which lies south of the line between town- ships thirty-seven and thirty-eight north, and east of the line between ranges ten and eleven west of the fifth princi- pal meridian. Springfield, The land district of Springfield consists of that portion of the State of Missouri which is situated south of the line between townships thirty-four and thirty-five north, and ■west of the line between ranges ten and eleven -west of the fifth principal meridian. 29 30 LAND DISTRICTS AND OFFICERS. ALABAMA. Hunts ville. Huntsville laud district includes all that portion of the State of Alabama lying north of Calhoun and Cleburne Counties and north of the line between townships fourteen and fifteen south of the basis meridian of Huntsville, ex- tending from the western boundary of the State to the west- ern boundary of Calhoun County. Montgomery. Montgomery land district includes all that portion of the State of Alabama lying south of townships fourteen and fifteen south of the basis meridian of Huntsville, extending from the western boundary of the State to the western boundary of Calhoun County, and south of the northern boundaries of Calhoun and Cleburne Counties. LOUISIANA. S"ew Orleans. The land district of Ifew Orleans comprehends within its limits that portion of the State of Louisiana which lies south of the basis parallel of thirty-first degree of north latitude and that portion thereof lying north of the basis and east of range lines three and four west, townships one to thirteen north, inclusive; and also east of range lines five and six west, extending from township fourteen north to northern boundary of State. Natchitoches. This land district occupies the northwestern part of the State of Louisiana, extending from townships one to thir- teen north, inclusive, and west of the line between ranges three and four west; and also from township fourteen north to the north boundary of the State, extending ftom the line between ranges five and six west of the principal meridian to the western boundary of the State of Louisiana. MISSISSIPPI. Jackson. The land district of Jackson is co-extensive with the lim- ils of the State of Mississippi. MICHIGAN. Eeed City. Eeed City land district includes all that part of the State of Michigan situated west of the following lines : Town- ships one to four south, inclusive, west of the line between ranges three and four west ; townships five to eight south, inclusive, west of the line between ranges four and five west ; townships one to ten north, inclusive, west of the principal meridian ; townships eleven to thirty-nine north, liAND DISTRICTS AND OFFICEES. 31 inclusive (extending to Lake Huron), west of the line be- tween ranges two and three west, including islands in Lake Michigan and the straits of Mackinac, exclusive of the island of Mackinaw. East Saginaw. East Saginaw land district embraces townships six to ten north, inclusive, lying east of the principal meridian and west of the line between ranges eleven and twelve east of said meridian ; also townshiiis eleven to twenty-eight north, inclusive, lying east of the line between ranges two and three west of the principal meridian, and west of the line between ranges eleven and twelve east. Marquette Land district embraces the whole extent of the northern peninsula of Michigan, including Drumiuond Island, Isle Eoyale, and those adjacent to the Big Bay de Noc. Detroit. The land district of Detroit includes all that part of the State of Michigan situated east of the following lines of public surveys, viz : Townships one to five north, inclusive, east of the principal meridian ; townships six to nineteen north, inclusive, extending east of the line between ranges eleven and twelve east, townships one to four south, inclus- ive, lying east of the line between ranges three and four west; townships five to nine south, inclusive, extending from the line between ranges four and five west. It also includes that part of the State which lies north of the line between townships twenty-eight and twenty-nine north, and east of the line between ranges two and three west of the princi- pal meridian, and extending to Lake Huron, in the southern peninsula of Michigan, comprehending within its limits the island of Mackinaw. ARKANSAS. Dardanelle Land district is bounded on the east by a line between ranges seventeen and eighteen west of the fifth principal merid- ian, running north from the base line to the corner common to townships twelve and thirteen north of the base line, on the north by the line between townships twelve and thir- teen north, on the west by the western boundary of the State of Arkansas, and on the south by the base line. Little Eock Land district is bounded as follows, viz : Beginning on the south boundary of the State of Arkansas where the line between ranges five and six west of the fifth principal me- ridian intersects the same ; thence north on said range line to the corner common to townships ten and eleven south; thence west on the line between townships ten and eleven 32 LAND DISTRICTS AND OPPICEES. south to the line between, ranges seventeen and eighteen west ; thence north on the said range line to the corner cotn- mon to townships twelve and thirteen north of the base line ; thence east on the line between townships twelve and thirteen north to the line between ranges seven and eight west ; thence north along said range line to the north bound- ary of the State ; thence east with the said boundary to the Saint Francis Eiver; thence down said river to the intersec- tion of the thirty-sixth degree of north latitude ; thence east along said parallel of north latitude to the Mississippi River; thence down said river to the south boundary of the State of Arkansas ; and thence west along said boundary to the point of beginning. Camden Land district is bounded on the north by the base line ex- tending from the west boundary of the State of Arkansas to the intersection of the line between ranges seventeen and eighteen west of the fifth principal meridian; thence south with the said range line to the corner common to townships ten and eleven south of the base line ; thence east, on the line between townships ten and eleven south, to the inter- section of the line between ranges five and six west of the fifth principal meridian ; thence south along said range line to the south boundary of the State; thence west with the said boundary to the west boundary of the State; and thence with the west boundary to the place of beginning. Harrison Land district comprises all that part of the State of Arkan- sas which lies north of the line between townships twelve and thirteen north of the base line, and west of the li»e between ranges seven and eight west of the fifth principal meridian. FLOE IDA. Gainesville. The land district of Gainesville is co-extensive with the limits of the State of Florida. IOWA. Des Moines. The land district of Des Moines is coextensive with the limits of the State of Iowa. WISCONSIN. Menasha Land district embraces eastern part of the State of Wiscon- sin lying east of the line between ranges eight and nine east, extending from the south boundary of the State to the cor- ner common to townships fourteen and fifteen north ; thence east on said township line to the line between ranges eleven and twelve east; thence north along the said range line to the north boundary of the State. LAND DISTRICTS AND OFFICEES. Falls Saint Croix Land district is bounded on the north by the fourth correc- tion line north of the base line ; on the east by the line between ranges eleven and twelve west of the fourth prin- cipal meridian; on the south by the Chippewa and Mis- sissippi Eivers, and on the west by the Saint Croix Eiver. Wausau Land district embraces all that portion of the State of Wis- consin lying north of the Une between townships fourteen and fifteen north of the base line; west of the liiie between ranges eleven and twelve east of the fourth principal merid- ian; and east of the line between ranges one and two east of the fourth principal meridian. La Crosse Land district is included within the following boundaries, to wit : Beginning on the south boundary of the State of Wisconsin, where the line between ranges eight and nine east of the fourth principal meridian intersects the same; thence north with the said range line to the corner common to townships fourteen and fifteen north of the base line ; thence west with said line to the line between ranges one and two east ; thence north along said range line to the corner common to townships twenty-four and twenty-five north ; thence west on the line between said townships to the line between ranges eleven and twelve west; thence north with said range line to the intersection with the Chip- pewa Eiver ; thence down said river to its mouth ; thence down the Mississippi Eiver to the southern boundary of Wisconsin ; and thence east along the said boundary to the place of beginning. Bayfield Land district embraces all that part of the northwestern corner of the State of Wisconsin lying north of the fourth correction line and west of the Une between ranges one and two east of the fourth principal meridian. Eau Claire Land district is bounded on the north by the fourth correc- tion line running through ranges one east and one to eleven west of the fourth principal meridian ; on the west by the line running south between ranges eleven and twelve west to the corner common to townships twenty-four and twenty- five north of the base line ; on the south by the line runping east between said townships to the line between ranges one and two east of the fourth principal meridian, and on the east by the said range line extending north to the corner common to townships forty and forty -one north of the base line, to the place of beginning. 3l i 33 34 ^ LAND DISTRICTS AND OFFICERS. OAilPOENIA. San Francisco Land district is bounded as follows : Beginning on the Pa- cific Ocean where the line between townships twenty-four and twenty-five north intersects the ocean, and running thence east with the said township line to the line between ranges ten and eleven west of the Mount Diablo meridian ; thence north on said range line to the comer common to townships twenty-five and twenty-six north; thence east between said townships to the line between ranges seven and eight west ; thence south on said range line to the cor- ner common to townships nineteen and twenty north ; thence east between said townships to the line between ranges six and seven west ; thence south on said range line to the cor- ner common to townships sixteen and seventeen north; thence east between said townships to the line between ranges five and six west ; thence south along the liue be- tween ranges five and six west to the corner common to townships twelve and thirteen north ; thence east between said townships to the line between ranges four and five west ; thence south on said range line to the corner common to townships nine and ten north; thence east between said townships to the line between ranges three and four west ; thence south on said range line to the corner common to townships seven and eight north ; thence east on the line between townships seven and eight north to the line between ranges three and four east; thence south on the line be- tween ranges three and four east to the first standard north; thence west along said standard to the line between ranges two and three east ; thence south on the line between ranges two and three east to the corner common to townships three and four north ; thence west between townships three and four north to the line between ranges one and two east; thence south on line between ranges one and two east to the corner common to townships one and two north ; thence east to the line between ranges two and three east ; thence north between ranges two and three east to the corner common to townships two and three north ; thence east on said town- ship line to the line between ranges four and five east ; thence south on the line between ranges four and five east to the comer common to townships one and two south of the Mount Diablo base line ; thence east between townships one and two south to the line between ranges five and six east ; thence south on said range line to the corner common to townships seven and eight south ; thence east on the Une between town- ships seven and eight south to the line between ranges six and seven east ; thence south on said range line to the cor- ner common to townships nine and ten south ; thence east to the hne between ranges seven and eight east ; thence south to the corner common to townships ten and eleven south ; thence east on line between townships ten and eleven south to the line between ranges eight and nine east; thence south on said range line to the intersection of the third standard south ; thence east along said standard to the line between LAND DISTRICTS AND OFFICERS. 35 ranges nine and ten east ; thence on said range line to the corner common to townships thirteen and fourteen south ; thence east on the line between townships thirteen and four- teen south to the line between ranges ten and eleven east ; thence south between ranges ten and eleven east to the cor- ner common to townships fifteen and sixteen south ; thence east on the line between townships fifteen and sixteen south to the line between ranges eleven and twelve east; thence south to the fourth standard south ; thence east along said standard to the line between ranges twelve and thirteen east ; thence south on said range line to the corner common to townships eighteen and nineteen south; thence east along said township line to the line between ranges thirteen and fourteen east; thence south to the fifth standard line south; thence «ast along said standard line to the line between ranges fourteen and fifteen east ; thence south to the cor- ner common to townships twenty-two and twenty-three south ; thence east on the line between townships twenty- t^o and twenty-three south to the line between ranges fif- teen and sixteen east ; thence south on said range line to the corner common to townships twenty-three and twenty- four south ; thence east on said township line to the line be- tween ranges sixteen and seventeen east ; thence south on said range line to the corner common to townships twenty- six and twenty-seven south ; thence east on said township line to the line between ranges seventeen and eighteen east; thence south between said ranges to the corner common to townships twenty-seven and twent;^ight south; thence east on the line between said townships to the line between ranges eighteen and nineteen east; thence south on said range line to the seventh standard line south of the base line ; thence east along said standard line to the line between ranges nineteen and twenty east; thence south on said range line to the corner common to townships twenty-nine and thirty south ; thence east on said township line to the Mne between ranges twenty and twenty-one east; thence south on said range line to the corner common to townships thirty and thirty-one south ; thence east on said township line to the line between ranges twenty-one and twenty-two east ; thence south on said range line to the corner common to townships thirty-one and thirty -two south ; thence east on line between townships thirty-one and thirty-two south to the line between ranges twenty-two and twenty-three east ; thence south to the eighth standard line south ; thence east along said standard line of the Mount Diablo base line to the line between ranges twenty-three and twenty-four west of the San Bernardino meridian ; thence south on said range line to the comer common to townships ten and eleven north of the San Bernardino base line ; thence east on line between said townships to the ILae between ranges twenty and twenty-one west ; thence south on said range line to the first standard north of the San Bernardino base line ; thence west along said standard line to the Pacific Ocean, and thence northwesterly along the ocean to the place of begin- ning. 36 LAND DISTRICTS AND OFFICERS. Marysville Land district includes all that portion of the State of Cali- fornia situated within the following boundaries : Commenc- ing at a point on the fifth standard parallel north, between ranges seven and eight west, of Mount Diablo meridian ; thence south with said range line to the line between town- ships nineteen and twenty north ; thence east with said line to the line between ranges six and seven west ; thence south with said line to the line between townships sixteen and sev- enteen north ; thence east with said liue to the line between ranges five and six west ; thence south with said line to the line between townships twelve and thirteen north ; thence east with said line to the line between ranges four and five west; thence south with said line to the line between town- ships nine and ten north ; thence east with said line to the line between ranges three and four west ; thence south with the said line to the line between townships seven and eight north ; thence east with said line to the line between ranges three and four east ; thence north with said line to the liue between townships eleven and twelve north ; thence east with said line to the line between ranges four and five east; thence north with said line to the line between townships twelve and thirteen north ; thence east with said line to the Mne between ranges five and six east; thence north with said line to the line between townships thirteen and four- teen north ; thence east with said line to the line between ranges six and seve#east; thence north with said line to the line between townships sixteen and seventeen north ; thence east with said line to the line between ranges eight and nine east; thence north with said line to the line between townships nineteen and twenty north ; thence east with said line to the liue between ranges nine and ten east; thence north with said line to the fourth standard parallel north ; thence east with said parallel to the line between ranges ten and eleven east ; thence north with said line to the line between townships twenty-one and twenty-two north ; thence east with said Mne to the line between ranges eleven and twelve east ; thence north with said line to line between townships twenty -three and twenty -four north; thence west with said line to the line between ranges eight and nine east; thence north with said line to the fifth stand- ard parallel north ; thence west with said parallel to the line between ranges five and six east ; thence north with said line to the line between townships twenty-six and twenty-seven north ; thence west with said line to the line between ranges four and five east ; thence south with said line to the fifth standard parallel north ; thence west on said paralfel to the place of beginning. Humboldt Land district includes all that portion of the State of Cali- fornia lying west of the line between ranges ten and eleven west of Moun t Diablo meridian, and north of the line between townships twenty-four and twenty-five north, Mount Diablo baseline. LAND DISTRICTS AND OFFICERS, 37 Stockton Land district is bounded as follows : Beginning at the north- west corner of township five north, range five east of the Mount Diablo meridian, and running thence east along the first standard north to the Itue between ranges nine and ten east ; thence south to the corner of townships three and four north, ranges nine and ten east ; thence east to the line be- tween ranges seventeen and eighteen east ; thence north to the corner of townships four and five north, ranges seven- teen and eighteen east; thence east to the line between ranges twenty-two and twenty-three east.; thence south to the first standard south of the Mount Diablo basehne ; thence east along said standard line to the line between ranges twenty-six and twenty-seven east ; thence south to the third standard south ; thence west along said standard to the line between ranges eight and nine east; thence north to the corner of townships ten and eleven south ; thence west to the line between ranges seven and eight east ; thence north to the corner of townships nine and ten south ; thence west to the line between ranges six and seven east ; thence north to the corner of townships seven and eight south ; thence west to the line between ranges five and six east ; thence north to the corner of townships one and two south ; thence west to the line between ranges four and five east; and thence north to the place of beginning. Visalia Land district is bounded as follows : Beginning at the north- west corner of township thirteen south, range ten east, of the Mount Diablo meridian, running thence east along the third standard parallel south to the line between ranges thirty-two and thirty-three east; thence south with said line to the eighth standard parallel south; thence west along said parallel to the line between ranges twenty-two and twenty-three east ; thence north with said line to the line between townships thirty-one and thirty-two south ; thence west with said line to the line between ranges twenty- one and twenty-two east ; thence north with said line to the line between townships thirty and thirty-one south; thence west with said line to the line between ranges twenty and twenty-one east; thence north with said line to the Une between townships twenty-nine and thirty south ; thence west with said line to the line between ranges nineteen and twenty east ; thence north with said line to the seventh standard parallel south ; thence west with said parallel to the line between ranges eighteen and nineteen east ; thence north with said line to the line between townships twenty- seven and twenty -eight south ; thence west with said line to the line between ranges seventeen and eighteen east ; thence north with said line to the line between townships twenty-six and twenty-seven south ; thence west with said line to the line between ranges sixteen and seventeen east; thence north with said line to the line between townships twenty- three and twenty-four south ; thence west with said 38 LAND DISTRICTS AND OFFICERS. line to the line between ranges fifteen and sixteen east; thence north with said line to the line between townships twenty-two and twenty-three south ; thence west with said line to the line between ranges fourteen and fifteen east ; thence north with said line to the fifth standard parallel south ; thence west along said parallel to the line between ranges thirteen and fourteen east ; thence north with said line to the line between townships eighteen and nineteen south ; thence west with said line to the line between ranges twelve and thirteen east ; thence north with said line to the fourth standard parallel south ; thence west along said parallel to the linp between ranges eleven and twelve east; thence north with said line to the line between townships fifteen aud sixteen south; thence west with said line to the line between ranges ten and eleven east ; thence north with said line to the line between townships thirteen and fourteen south ; thence west with said line to the line between ranges nine and ten east ; thence north with said line to the place of beginning. Sacramento Land district includes all that portion of the State of Cali- fornia situated within the following described boundaries : Commencing at a point where the northern boundary of township nineteen north, Mount Diablo base line, intersects the eastern boundary of the State of California; thence west along said township line to the line between ranges thirteen and fourteen east ; thence north with said line to the line between townships twenty-one and twenty-two north; thence west with said line to the line between ranges ten and eleven east; thence south with said line to the fourth standard parallel north; thence west with said standard to the line between ranges nine and ten east; thence south with said line to the line between townships nineteen and twenty north ; thence west with said Mne to the line between ranges eight and nine east ; thence south with said line to the line between townships sixteen and seventeen north; thence west with said line to the line between ranges six and seven east ; thence south with said line to the line between townships thirteen and fourteen north ; thence west with said line to the line between ranges five and six east ; thence south with said line to the line between townships twelve and thirteen north ; thence west with said line to the line between ranges four and five east; thence south with said line to the line between townships eleven and twelve north ; thence west with said line to the line between ranges three and four east ; thence south with said line to the first standard parallel north; thence west with said parallel to the line between ranges two and three east ; thence south with said line to the line between town- ships three and four north ; thence west with said line to the line between ranges one and two east; thence south with said line to the line between townships one and two north; thence east with said line to the line between ranges two and three east ; thence north with said line to LAND DISTRICTS AND OFFICERS. 39 the line between townships two and three north ; thence east with said line to the line between ranges four and five east ; thence north with said line to the first standard par- allel north; thence east along said parallel to the line between ranges nine and ten east ; thence south with said line to the liue between townships three and four north ; thence east with said line to the fine between ranges seven- teen and eighteen east ; thence north with said line to the line between townships four and five north; thence east with said line to the fine between ranges twenty-two and twenty-three east ; thence north with said line to the inter- section of the eastern boundary of California ; thence north- westerly with the eastern boundary of California to the intersection of the boundary with the thirty-ninth parallel of north latitude ; thence north with said eastern boundary to the place of beginning. Bodie Land district includes all that portion of the State of Cali- fornia situated within the following boundaries : Commenc- ing at a point on the eastern boundary of the State of Cali- fornia, where the line between ranges twenty- two and twenty- three east, Mount Diablo meridian, intersects said boundary : th ence south with said range line to the first standard parallel south ; thence east along said parallel to the line between ranges twenty-six and twenty-seven east; thence south with said line to the intersection of the third standard parallel south ; thence east along said parallel to the line between ranges thirty-two and thirty-three east; thence south with said range line to the intersection of the eighth standard parallel south ; thence east with said parallel to the inter- section of the San Bernardino meridian ; thence south to the corner of townships eleven and twelve north of San Ber- nardino base line; thence east to the intersection of the eastern boundary of the State of California ; thence north- westerly with said boundary to the place of beginning. Los Angeles Land district is bounded as follows : Beginning at a point of the intersection of the first standard north of the San Bernardino base line with the Pacific Ocean ; thence east along said standard line to the line between ranges twenty and twenty-one west of the San Bernardino merid- ian ; thence north to the corner of townships ten and eleven north ; thence west to the line between ranges twenty -three and twenty-four west ; thence north with said range line to the intersection of the eighth standard line south of the Mount Diablo base line ; thence east with said standard line *o the intersection of the San Bernardino meridian; thence south to the comer of townships eleven and twelve north of San Bernardino base line ; thence east to the inter- section of the eastern boundary of the State of California ; thence in a southeasterly direction with said boundary to the intersection of the Colorado Eiver of the West ; thence 40 LAND DISTRICTS AND OFFICER^. down said river to the intersection of the boundary between the United States and Mexico ; thence southwesterly with said boundary to the Pacific Ocean ; and thence in a north- westerly direction along the ocean to the place of beginning. Shasta Land district is bounded as follows : Beginning on the north- em boundary of the State of California, where the line be- tween ranges ten and eleven west of the Mount Diablo me- ridian intersects said boundary; thence east with said boundary to the intersection of the line between ranges five and six east ; thence south on said range line to the comer of townships thirty and thirty-one north ; thence west to the line between ranges four and five east ; thence south to the fifth standard north of the Mount Diablo base line; thence west along said standard line to the line between ranges ten and eleven west ; and thence north with said range line to the north boundary of the State, the point of beginning. Susan ville Land district is bounded as follows : Beginning at a point where the north boundary of township nineteen north, Mount Diablo base line, intersects the eastern boundary of the State of California ; thence west on the north boundary of township nineteen north to the comer of townships niue- teen and twenty north, ranges thirteen and fourteen east ; thence north to the corner of townships twenty-one and twenty- two north, ranges thirteen and fourteen east ; thence west to the corner of townships twenty-one and twenty-two north, ranges eleven and twelve east ; thence north to the corner of townships twenty-three and twenty-four north, ranges eleven and twelve east ; thence west to the corner of townships twenty-three and twenty -four north, ranges eight and nine east; thence north to the corner of townships twenty -five and twenty-six north, ranges eight and nine east; thence west to the corner of townships twenty-five and twenty-six north, ranges five and six east; thence north between ranges five and six east to the corner of townships twenty-six and twenty-seven north, ranges five and six east ; thence west to the corner of townships twenty-six and twenty-seven north, ranges four and five east ; thence north to the corner of townships thirty and thirty-one north, ranges four and five east ; thence east to the corner of town- ships thirty and thirty-oue north, ranges five and six east; thence north along said range line to the northern boundary of the State of California ; thence east with the said bound- ary to the iatersection of the eastern boundary of the State; and thence south along the eastern boundary to the place of beginning. NEVADA. • Carson Land district includes all that portion of the State of Nevada situated within the following described boundaries : Com- LAND DISTRICTS AND OFFICERS. 41 mencing at the northwest corner of the State of Nevada ; thence east with the north boundary of the State to the intersection of the line between ranges forty-four and forty- five east of the Mount Diablo meridian ; thence south on said range line to the corner of townships twenty-four and twenty-five north of the Mount Diablo base line; thence west to the line between ranges thirty -nine and forty east ; thence south along said range line to the eastern boundary of California ; thence northwesterly with the eastern bound- ary of California to the intersection of the boundary with the thirty-ninth parallel of north latitude; thence north with the eastern boundary of California to the place of beginning. Eureka Land district includes all that portion of the State of Nevada lying south and east of the following described boundaries : Beginning at the northeast corner of the State of Nevada; thence west with the north boundary of the State to the intersection of the line between ranges forty -four and forty- five east of the Mount Diablo meridian ; thence south on said range line to the corner of townships twenty-four and twenty-five north of the Mount Diablo base line; thence west to the line between ranges thirty-nine and forty east; thence south along said range line to the eastern boundary of the State of California. ■WASHINGTON TERRITORY. Olympia Land district is bounded as follows: Beginning on the bound- ary line between the United States and the British posses- sions, and on the summit of the Cascade Mountains, at the nearest range line to the east line of range twelve east of the Willamette meridian ; thence south on the nearest range lines on the summit of said mountains to the line dividing townships ten and eleven north of the base line; thence west to the line dividing ranges six and seven west ; thence north on said range line to the third standard parallel; thence west to Shoal Water Bay ; thence with the Shoal Water Bay to the Pacific Ocean ; thence northwesterly with the ocean to the Strait of Juan de Fuca ; and thence along the boundary line between the United States and British possessions, running through the said strait and that of De Harro, to the intersection of the forty-ninth parallel of north latitude; and thence due east along said parallel to the place of beginning. Walla-Walla Land district includes all that portion of Washington Terri- tory situated within the following described boundaries: Commencing at the southeast corner of the Territory of Washington at a point where the forty-sixth parallel of north latitude crosses the Snake Eiver ; thence west along said parallel to the Columbia Eiver ; thence down the Columbia Eiver to the intersection of range line nineteen and twenty 42 LAND DISTRICTS AND OFFICERS. east of ■Willamette meridian ; thence north on said range Une to the line between townships six and seven north} thence east with said line to the line between ranges twenty- seven and twenty-eight east; thence north with said line to the line between townships sixteen and seventeen north ; thence east with said line to the Columbia guide meridian; thence south with said meridian to the line between town- ships twelve and thirteen north ; thence east with said line to its intersection with Snake Eiver ; thence up Snake Eiver' to its intersection with the eastern boundary of Washington Territory ; thence continuing up Snake Eiver to the place of beginning. Colfax. Colfax land district includes all that portion of Washington Territory situated within the following described boundaries : Commencing at a point where the Columbia guide meridian intersects the third standard pai-allel in said Territory; thence east along the line of said standard parallel to where the same intersects the Snake Eiver ; thence up said Snake Eiver to where the same intersects the boundary line be- tween Washington and Idaho Territory; thence north on said boundary line to where the same intersects the bound- ary line between Washington Territory and British Colum- bia; thence west along said line to where the same intersects the aforementioned Columbia guide meridian; thence south along the Une of said meridian to the place of beginning. Yakima Land district is bounded by a line commencing at a point of the intersection of the Hue between townships six and seven north, and between ranges twenty-seven and twenty- eight east of the Willamette meridian ; and running westerly along said line between townships six and seven north to the summit of the Cascade Mountains; thence northerly along said summit to the boundary line between the United States and British Columbia ; thence east along said line to the Columbia guide meridian ; thence south on said me- ridian to the line between townships sixteen and seventeen north ; thence west along said line to the line between ranges twenty-seven and twenty-eight east; thence south along said line to the place of beginning. Vancouver Land district includes all that portion of Washington Terri- tory situated within the following described boundaries: Commencing at a point where the line between townships twelve and thirteen north intersects Shoal Water Bay; thence with the Shoal Water Bay, including any islands therein, to the Pacific Ocean ; thence southerly with the ocean to the mouth of Columbia Eiver ; thence up the river to the point opposite the line between ranges nineteen and twenty east of the Willamette meridian ; thence north with said range line to the corner common to townships six and seven north ; thence west with said line to the summit of LAND DISTRICTS AND OFFICERS. 43 the Cascade Mountains ; thence northerly along said sum- mit to the line between townships ten and eleven north 5 thence west along said line to the Mne between ranges six and seven west; thence north on said Une to the intersec- tion of the third standard parallel north ; thence west with said standard parallel to the place of beginning. MTNWBSOTA. Taylor's Falls Land district is bounded as follows : Beginning at a point where the northern boundary of township forty-five north of the base Une and fourth principal meridian intersects the boundary between the States of Minnesota and Wisconsin ; thence south along said boundary to the intersection of the Saint Croix Eiver ; thence down with said river to its mouth; thence up the Mississippi Eiver to the intersection of the line between ranges twenty- seven and twenty-eight west of the fourth principal meridian with said river ; thence north with said range line to the corner of townships forty-five and forty-six north; and thence east to the place of beginning. Saint Cloud Land district is bounded as follows : Beginning at a point of intersection of the fifth standard parallel north of the base line with the line between ranges thirty-five and thirty-six west of the fifth principal meridian ; thence north with the said range line to the boundary line between the United States and British possessions ; thence east and southeast- erly along said boundary to the intersection of the line be- tween ranges twenty-three and twenty-four west of the fourth principal meridian ; thence south with said range line to the corner of townships forty-five and forty-six north ; thence west to the line between ranges twenty-seven and twenty- eight west ; thence south with said range line to the Mis- sissippi Eiver; thence up the river to the intersection of the line between ranges twenty-four and twenty-five west of the fifth principal meridian with said river; thence south on the line between ranges twenty-four and twenty-five west to the intersection of the fifth standard parallel north ; thence west with said standard parallel to the place of beginning. Dn Luth Land district is bounded ais follows : Commencing at a cor- ner common to townships forty-five and forty-six north, ranges twenty-three and twenty-four west of the fourth prin- cipal meridian ; thence north with said range line to the in- tersection of the boundary line between the United States and the British possessions ; thence eastwardly with said boundary to Lake Superior ; thence southwesterly with said lake to the mouth of Saint Louis Eiver ; thence up said river to the intersection of the boundary line between Wisconsin and Minnesota ; thence south along said boundary line to the intersection of the line between townships forty -five and forty-six north ; and thence west between townships forty- five and forty-six north to the place of beginning. 44 LAND DISTRICTS AND OFFICERS. Fergus Falls Land district is bounded as follows : On the east by the line between ranges thirty-five and thirty-six west of the fifth principal meridian ; on the north by the ninth standard par- allel north of the base line ; on the south by the sixth stand- ard parallel north ; and on the west by the western boundary of the State of Minnesota. Worthington. Eoot Eiver land district is bounded on the south by the boundary line between the States of Iowa and Minnesota ; on the west by the western boundary of the State of Minnesota : on the north by the line between townships one hundred and five and one hundred and six north ; and on the east by the Mississippi Eiver. Tracy. "Winona land district is bounded on the north by the line between townships one hundred and ten and one hundred and eleven north ; on the south by the line between town- ships one hundred and five and one hundred and six north of the base line ; on the east by the Mississippi Eiver ; and on the west by the western boundary of the State of Min- nesota. Benson Land district is bounded as follows : Beginning on the Mis- sissippi Eiver at a point of the intersection of the south boundary of township twenty-seven north of the base line fourth priDcipal meridian with said river ; thence west on said township line to the southwest corner of township twenty-seven north, range twenty-four west of the fourth principal meridian ; thence north to the intersection of the line between townshij)s one hundred and fifteen and one hundred and sixteen xiorth ; thence west with said town- ship line to the western boundary of Minnesota; thence north with the western boundary of the State of Minnesota to the intersection of the said boundary with the sixth stand- ard parallel north ; thence east with said standard parallel to the intersection of the line between ranges thirty-five and thirty-six west of the fifth principal meridian ; thence south along said range line to the intersection of the fifth stand- ard parallel north; thence east with the said standard parallel to the third guide meridian west of the fifth prin- cipal meridian ; thence north with said third guide meridian to the Mississippi Eiver ; thence down the Mississippi Eiver to the place of beginning. Eedwood Falls Land district is bounded on the south by the line between townships one hundred and ten and one hundred and eleven north ; on the west by the western boundary of the State of Minnesota ; on the north by the line between townships one hundred and fifteen and one hundred and sixteen north, LAND DISTEICTS AND OFFICEES. 45 extending east from the western boundary of the State of Minnesota to the intersection of the western boundary of township twenty-seven north, range twenty-four west of the fourth principal meridian ; thence south with said west boundary of township twenty-seven north to the southwest corner thereof; thence east with the south boundary of town- ship twenty-seven north to the Mississippi Eiver ; thence down the Mississippi Eiver to the intersection of the line between townships one hundred and ten and one hundred and eleven north of the base line. Orookston Lanfl district embraces all that part of the State of Minne- sota which lies north of township number one hundred and thirty-six north and west of range number thirty-five west of the fifth principal meridian. OREGON. Oregon City Land district includes all that portion of the State of Oregon situated within the following boundaries : Commencing at the mouth of the Alsea Eiver ; thence easterly with said river to its intersection with the third standard parallel south between townships thirteen and fourteen south ; thence east with said parallel to the line between ranges eight and nine east of Willamette meridian ; thence north with said range line to Columbia Eiver ; thence down said river to the Pacific Ocean ; thence with the ocean to the place of begin- ning. Eoseburgh Land district includes all that portion of the State of Oregon situated within the following boundaries : Beginning on the southern boundary of the State of Oregon where the line between ranges five and six east of the Willamette merid- ian intersects said boundary ; thence north with said range line to the fourth standard parallel south between townships eighteen and nineteen south ; thence east with said parallel to the line between ranges eight and nine east ; thence north with said range line to the third standard parallel south be- tween townships thirteen and fourteen south ; thence west with said parallel to its intersection with Alsea Eiver; thence with said river to the Pacific Ocean; and thence along the ocean to the south boundary of Oregon ; thence east with said south boundary of Oregon to the place of beginning. Lake View Land district includes all that portion of the State of Oregon lying south of the fourth standard parallel south, between townships eighteen and nineteen south, and east of the me- ridian line between ranges five and six east of the Willa- mette meridian. , 46 LAND DISTRICTS AND OFFICERS. Le Grand Land district includes all that portion of the State of Ore- gon lying north of the fourth standard parallel south, be- tween townships eighteen and nineteen south, and east of the meridian line between ranges twenty-six and twenty- seven east. Dalles. The Dalles land district includes all that portion of the State of Oregon situated within the following boundaries : Commencing at a point on the Columbia River where the line between ranges eight and nine east of WUlamett^ime- ridian intersects said river; thence south on said range line to the fourth standard parallel south, between townships eighteen and nineteen south ; thence east on said parallel to theline between ranges twenty-six and twenty-seven east; thence north on said range line to the Columbia Eiver; thence down said river to the place of beginning. - KANSAS. The northern land district includes aU that portion of the State of Kansas lying west of the third guide meridian west of the sixth principal meridian and north of the line between townships nine and ten south. Topeka Land district is bounded on the north by the boundary line between the States of Kansas and ISTebraska ; on the east by the Missouri Eiver and the boundary line between the States of Arkansas and Missouri ; on the south by the line between townships twenty-two and twenty-three south of the base line ; and on the west by first gnide meridian east of the sixth principal meridian. Independence Land district is bounded on the north by the line between townships twenty-two and twenty-three south of the base line ; on the east by the western boundary of the State of Missouri ; on the south by the south boundary of the State of Kansas ; and on the west by the first guide meridian east of the sixth principal meridian. Concordia. Eepublican land district is bounded on the east by the first guide meridian east of the sixth principal meridian; on the south by the second standard parallel south of the base line ; on the west by the first guide meridian west ; and on the north by the boundary line between the States of Kan- sas and Nebraska. Wichita Land district includes aU that portion of thp State of Kan- sas situated within the following described limits : Begin- LAND DISTEICTS AND OPFICEES. 47 ning at a point on the soutliern boundary of the State of Kattsas where the range line ten and eleven west sixth principal meridian intersects the same ; thence north with said range line to the line between townships twenty-one and twenty -two south ; thence east with said line to the line between ranges five and six west; thence north with said line to the fourth standard parallel south ; thence east with said standard parallel to the first guide meridian east; thence south with said guide meridian to the southern boundary of the State of Kansas ; thence west with said boundary to the place of beginning. Salina Land district includes aU that portion of the State of Kan- sas situated within the following described boundaries: Commencing at a corner common to the fourth standard parallel south and the first guide meridian east of the sixth principal meridian; thence west with said standard par- allel to the line between ranges five and six west ; thence north with said line to the line between townships seven- teen and eighteen south ; thence west with said line to the line between ranges ten and eleven west; thence north with said line to the third standard parallel south ; thence west along said standard parallel to the line between ranges fifteen and sixteen west; thence north with said line to the second standard parallel south; thence east along said standard parallel to the first guide meridian east; thence south with said guide meridian to the place of beginning. Wa Keeney. The western land district includes all that portion of the State of Kansas situated within the following described boundaries : Commencing at a point on the western bound- ary of the State of Kansas where the fourth standard par- allel south intersects the same ; thence east with said stand- ard parallel to the line between ranges twenty and twenty- one west of the sixth principal meridian; thence north with said line to the line between townships nineteen and twenty south ; thence east with said line to the line between ranges fifteen and sixteen west; thence north with said line to the line between townships nine and ten south; thence west with said line to the western boundary of the State of Kansas ; thence south with said boundary to the place of beginning. Larned. I The Arkansas VaUey land district includes aU that por- tion of the State of Kansas situated within the following described boundaries : Commencing at a point on the west- em boundary of the State of Kansas where the fourth standard parallel south intersects the same ; thence east with said standard parallel to the line between ranges twenty and twenty -one west ; thence north with said line to the lime between townships nineteen and twenty south; 48 LAND DISTRICTS AND OFFICERS. thence east with said line to the line between ranges fifteen and sixteen west ; thence north with said line to the third standard parallel south; thence east with said standard parallel to the line between ranges ten and eleven west; thence south with said line to the line between townships seventeen and eighteen south; thence east with said line to the line between ranges five and six west; thence south with said Mne to the line between townships twenty-one and twenty-two south ; thence west with said line to the line between ranges ten and eleven west; thence south with said line to the southern boundary of the State of Kansas ; thence west with said boundary to the western boundary of the State ; thence north with said boundary to the place of beginning. Kirwin. The northwestern land district includes all that portion of the State of Kansas situated within the following de- scribed boundaries : Commencing at a point on the northern boundary of the State of Kansas where the range line eight and nine west sixth principal meridian intersects the same; thence south with said range line to the second standard parallel south; thence west with sa.id second standard par- allel to the line between ranges fifteen and sixteen west ; thence north with said hue to the line between townships nine and ten south ; thence west with said line to the third guide meridian west ; thence north with said guide merid- ian to the northern boundary of the State of Kansas ; thence east with said boundary to the place of beginning. NEBRASKA. Grand Island Land district is bounded as follows : Commencing at the corner common to townships twenty and twenty-one north of the base line, ranges four and five east of the sixth prin- cipal meridian ; thence south with said range line to the south shore of Platte Eiver ; thence west with said south shore of Platte Eiver to the intersection of range line twenty and twenty-one west ; thence north with said line to the line between townships twenty- three and twenty-four north ; thence east with said line to the line between ranges eleven and twelve west ; thence south with said line to the line be- tween townships twenty and twenty-one north ; thence east with said line to the place of beginning. • Beatrice. Nemaha land district is bounded on the north by the line between townships six and seven north of the base line ; on the west by the line between ranges eight and nine west of the sixth principal meridian ; on the south by the boundary line between Kansas and Nebraska ; and on the east by the Missouri Eiver. LAND DISTRICTS AND OFFICERS. 49/ Lincoln. South Platte district is bounded on the south by the line between townships six and seven north of the base line ; on the west by the line between ranges eight and nine west of the sixth principal meridian ; on the north by the south shore or right bank of Platte Eiver ; and on the east by the Missouri Eiver, Bloomington. The EepubMcan Valley land district is bounded as fol- lows : Commencing at a point on the southern boundary of Nebraska where the range Hue eight and nine west, sixth principal meridian, intersects said boundary ; thence north with said range line to the south shore of Platte Eiver; thence west with said south shore of Platte Eiver to the line between ranges tweuty and twenty-one west ; thence south with said line to the line between townships six and seven north ; thence west with said line to the line between ranges twenty-five and twenty-six west; thence south with said range line to the southern bound ary of the State of Nebraska ; thence east with said boundary to the place of beginning. North Platte. The western land district includes all that portion of the State of Nebraska situated within the following described boundaries : Commencing at a point on the southern bound- ary of the State of Nebraska where the range line twenty- five and twenty-six west, sixth principal meridian, intersects said boundary ; thence north with said range line to the line between townships six and seven north; thence east with said line to the line between ranges twenty and twenty-one west ; thence north with said range line to the northern boundary of the State of Nebraska ; thence west with said northern boundary tp the eastern boundary of Wyoming ; thence south with said boundary to the southern boundary of Colorado ; thence east with said boundary to the east- ern boundary of Colorado ; thence south with said boundary to the southern boundary of Nebraska ; thence east with said boundary to the place of beginning. Niobrara. Dakota laaid district includes all that portion of the State of Nebraska situated within the following described bound- aries : Commencing at a point on the Missouri Eiver where the south line of the Omaha Indian reservation intersects said river ; thence west with said south line to the western boundary of said Indian reservation; thence north along said western boundary to the south line of township twenty- six north ; thence west along, said line to the line betweep I^ges eleven and twelve west of the sixth principal merid- fe,n ; thence south with said line to the line between town- ships twenty-three and twenty-four north ; thence west with said line to the line between ranges twenty and twenty-one west ; thence north with said line to the northern boundary 4l o 50 LAND DISTRICTS AND OFFICERS. of the State of Nebraska; thence east and south along the northern and eastern boundarj' of the State to the place of beginning. Norfolk. The Omaha land district is bounded as follows: Com- mencing at the confluence of the Platte Eiver with the Mis- souri ; thence up the Missouri River to the intersection of the south lineof the Omahalndian reservation ; thence alongsaid south line to the western boundary of said Indian reservation ; thence north along said western boundary to the south line of township twenty-six north ; thence west along said line to the line between ranges eleven and twelve west of the sixth principal meridian ; thence south with said line to the line between townships twenty and twenty-one north ; thence east along said line to the line between ranges four and five east ; thence south with said line to the south shore of Platte ,Eiver ; thence down said river to the place of beginning. New MEXICO. Santa ¥6 Land district includes all that portion of the Territory of New Mexico lying north of the base line. Mesilla Land district includes all that portion of the Territory of New Mexico lying south of the base line. IDAHO. Boise City Land district embraces all that portion of Idaho Territory lying west of range line twenty-three and twenty-four west, Boise meridian, extending from the southern boundary of Utah to the southern boundary of Lemhi County; west of the western boundary of Lemhi County, and south of the Salmon Eiver range of mountains. Lewiston Land district consists of all that portion of the Territory of Idaho lying north of the Salmon Eiver range of mountains. Oxford. The Oneida land district includes all that portion of Idaho Territory situated within the following described boundaries: Commencing at the southeast corner of said Territory ; thence west on the line between said Territory and the Territory of Utah to the line between ranges num- bered twenty-three and twenty -four east, Boise meridian ; thence north to the southern boundary of Lemhi County; thence west to the western line of said Lemhi County; thence jorth on said western line of said county to (he line between the Territories of Idaho and Montana; tlience easterly on said Territorial line to the eastern boundary of LAND DISTRICTS AND OFFICERS. 51 the Territory of Idaho; thence south on the line of the eastern boundary of Idaho Territory to the place of begin- ning. MONTANA.. Miles City Laud district comprises all that portion of Montana Terri- tory lying east of range lice twenty-seven and twenty-eight east of the principal meridian. Bozeman Land district comprises all that portion of Montana Terri- tory lying south of the first standard parallel north, west of range line twenty-seven and twenty -eight east of the prin- cipal meridian, and east of range line two and three west of principal meridian. Helena Land district comprises all that portion of the Territory of Montana lying west of range line two and three west, extending from the southern boundary of the Territory to the first staudard parallel north ; north of the first standard parallel north, extending from range two and three west to range twenty-seven and twenty-eight east of the principal meridian ; and west of range line twenty-seven and twenty- eight east, extending from the first standard parallel north to the boundary line between Montana and British posses- sions. TTTAH. Salt Lake City Land district is co-extensive with the limits of the Terri- tory of Utah. WYOMING. Evanston Land district includes all that portion of Wyoming Terri- tory lying west of range line ninety-four and ninety-five west of the sixth principal meridian. Cheyenne . Land district includes all that portion of Wyoming Terri- tory lying east of range line ninety-four and ninety-five west of the sixth principal meridian. AEIZONA. Florence. Gila 1 and district comprises all that portion of the Territory of Arizona lying south of the first standard parallel north. Prescott Land district comprises all that portion of the Territory of Arizona lying north of the first standard parallel north. 62 LAND DISTRICTS AND OFFICERS. OOLOEADO. Denver Land district includes all that portion of the State of Colo- rado situated within the' following described limits : Com- mencing at a point on the eastern boundary of the State of Colorado where the second correction line south, sixth principal meridian, intersects said boundary ; thence west with said correction line to the line between ranges seventy and seventy-one west ; thence north with said line to the line between townships three and four north; thence west with said line to the summit of the continental divide; thence with said summit of the continental divide to the northern boundary of the State; thence east with said boundary Une to the eastern boundary of the State ; thence south with said boundary line to the place of beginning. Central City Land district includes all that portion of the State of Colo- rado situated within the following described limits : Com- mencing at a point on the western boundary of the State of Colorado where the first correction line south intersects said boundary ; thence east with said correction line to the line between ranges seventy-one and seventy -two west, sixth principal meridian ; thence south on said line to the second correction line south ; thence east on said correction line to the line between ranges seventy and seventy-one west; thence north on said line to the line between town- ships three and four north ; thence west with said line to the summit of the continental divide; thence along said summit of the continental divide to the, northern boundary of the State ; thence west with said boundary line to the western boundary of the State; thence south with said boundary line to the place of beginning. Del Norte Land district includes all that portion of the State of Colo- rado situated < within the following described limits: Com- mencing at a point on the south boundary of the State of Colorado where range hue sixty-nine and seventy west, sixth principal meridian, intersects the said boundary ; thence north with said range line to the line between townships twenty-seven and twenty-eight south ; thence west with said line to the west line of range seventy-three west ; thence north on said line to the intersection of township line forty- five and forty-six north, New Mexico principal meridian ; thence west with said line to the line between ranges eleven and twelve east, New Mexico principal meridian ; thence north with said line to the line between townships forty-six and forty-seven north ; thence west with said line to the line between ranges ten and eleven east ; thence north with said line to the line between townships forty-seven and forty -eight north ; thence west with said line to the first New Mexico guide meridian east ; thence north with said guide meridian to the twelfth correction line north ; thence west with said LAND DISTRICTS AND OFFICERS. 63 correction line to the New Mexico principal meridian ; thence south with said principal meridian to the ninth correction line north ; thence west with said correction line to the line between ranges four and five west; thence south on said jange line to the south boundary of the State ; thence east with said boundary to the place of beginning. Leadville Land district includes all that portion of the State of Colorado situated within the following described limits : Commencing at a point on the western boundary of Colorado where the first correction line south intersects said boundary ; thence east with said correction line to the line between ranges seventy-one and seventy-two west, sixth principal meridian ; thence south with said line to the second correction line south ; thence east with said correction line to the line be- tween ranges seventy and seventy-one west; thence south with said line to the third correction line south; thence west with said correction line to the intersection of range line ten and eleven east, township fifty-one north, ZSTew Mexico jprin- cipal meridian ; thence south with said line to the line be- tween townships forty-nine and fifty north; thence west with said line to the line between ranges nine and ten east; thence south with said line to the twelfth correction line north ; thence west with said correction line to the line between ranges six and seven east ; thence north with said line to the line between townships forty -nine and fifty north ; thence west with said line to the line between ranges five and six east ; thence north with said line to the line between town- ships fifty and fifty-one north; thence west with said line to the line between ranges four and five east; thence north with said line to the intersection of the third correction line south, sixth principal meridian ; thence west with said correction line to the west boundary of the State ; thence north with said boundary to the place of beginning. Lake City Land district includes all that portion of the State of Colorado situated within the following described limits : Commencing at a point on the western boundary of Colorado where the third correction line south, sixth principal meridian, inter- sects said boundary ; thence east with said correction line to the intersection of range line four and five east, township fifty-one north, New Mexico principal meridian ; thence south with said range line to the line between townships fifty and fifty-one north ; thence east with said line to the line between ranges five and six east ; thence south with said line to the line between townships forty-nine and fifty north ; thence east with said line to the line between ranges six and seven east ; thence south with said line to the twelfth cor- rection line north ; thonce west with said correction line to the New Mexico principal meridian ; thence south with said principal meridian to the ninth correction line north ; thence west with said correction line to the line between ranges four 54 LAND DISTRICTS AND OFFICERS. . and live west ; thence south with said range line to the south boundary of the State ; thence west with said boundary to the western boundary of the State ; thence north with said boundary to the place of beginning. Pueblo Land district includes all that portion of the State of Colorado situated within the following described limits : Commencing at a point on the eastern boundary of Colorado where the second correction line south intersects said boundary ; thence west with said correction line to the line between ranges seventy and seventy-one west, sixth principal meridian; thence south with said range line to the third correction line south ; thence west with said correction line to the intersec- tion of range line ten and eleven east, township fifty-one north, New Mexico principal meridian ; thence south with said line to the line between townships forty-nine and fifty north ; thence west with said line to the line between ranges nine and ten east ; thence south with said line to the twelfth correction line north ; thence west with said correction line to the first New Mexico guide meridian east; thence south with said guide meridian to the line between townships forty- seven and forty-eight north ; thence east with said line to the line between ranges ten and eleven east ; thence south with said line to the line between townships forty-six and forty-seven north ;" thence east with said line to the line be- tween ranges eleven and twelve east ; thence south with said line to the line between townships forty-five and forty- six north ; thence east with said line to the intersection of the west line of range seventy -three west, sixth principal meridian ; thence south with said line to the line between townships twenty-seven and twenty-eight south ; thence east with said line to the line between ranges sixty-nine and seventy west ; thence south with said range hue to the south- ern boundary of the State ; thence east on said boundary to the eastern boundary of the State ; thence north on said boundary to the place of beginning. DAKOTA. Bismarck Land district includes all that portion of the Territory of Dakota situated within the following described boundaries: Commencing at a point on the western boundary of Dakota where the seventh standard parallel north, fifth principal meridian, intersects said boundary; thence east on said standard parallel to the line between ranges seventy-eight and seventy-nine west ; thence north on said line to the line between townships one hundred and twenty-nine and one hundred and thirty north ; thence east on said line to the ninth guide meridian; thence north on said guide meridian to the twelfth standard parallel north ; thence west with said standard to the tenth guide meridian; thence north on said guide meridian to the boundary line between Da kota and the British possessions ; thence west with said line LAND DISTEICTS AND OFFICERS. 55 to the western boundary of Dakota ; thence south with said western boundary to the place of beginning. Fargo Laud district includes all that portion of the Territory of Dakota lying north of township line between townships one hundred and twenty-nine and one hundred and thirty of the fifth principal meridian, south of the twelfth standard parallel, and east of the ninth guide meridian. Springfield. The Springfield land district includes all that portion of the Territory of Dakota lying between the third standard parallel north and the township lino between townships one hundred and twenty-nine and one hundred and thirty north of the fifth principal meridian and east of the eastern bound- ary of the Great Sioux Indian Eeservation. Mitchell. Sioux Falls land district includes all that portion of the Territory of Dakota lying between the third standard par- allel north and the base line, and east of the eastern bound- ary of the Great Sioux Indian Eeservation. Yankton. The Yankton land district includes all that portion of the Territory of Dakota lying south of the base line of the fifth principal meridian. Grand Forks Land district includes all that portion of the Territory of Dakota lying north of the twelfth standard parallel and east of the tenth guide meridian, fifth principal meridian. Dead-wood Land district includes all that portion of the Territory of Dakota lying west of the one hundred and second meridian of longitude and south of the forty-fifth parallel of north latitude. Sec. 125. Whenever the quantity of public land remain- wien Una of- ing unsold in any land district is reduced to a number of fontiOTeiibyS acres less than one hundred thousand, it shall be the duty retary of the in- of the Secretary of the Interior to discontinue the land ofiice ^™'^' of such district; and if any land in any such district remains unsold at the time of the discontinuance of a land ofiice, the same shall be subject to sale at some one of the existing land oflBces most convenient to the district in which the land ofiice has been discontinued, of which the Secretary of the Interior shall give notice. 5 Stat. 385 ; E. S. 2248. Sec. 12C. The Secretary of the Interior may continue any when land of- land district in which is situated the seat of government of ti^^^''J J'l^"™; any one of the States, and may continue the land ofiBce in tary of the into- such district, notwithstanding the quantity of land unsold """ 56 LAND DISTKICTS AND OFFICEUS. in such district may not amount to one hundred thousand acres, when, in his oijinion, such continuance is required by public convenience, or in order to close the land system in such State. 5 Stat. 455 ; E. S. 2249. ■When land of- Seo. 127. Whenever the cost of collecting the revenue neled't^J'aiuLent ^™°^ *^® ®^^®® °f *^® public lancls in any land district is as district by the much as oue-third of the whole amount of revenue collected President. jj^ g^^j^ district, it may be lawful for the President, if, in his opinion, not incompatible with the public interest, to discontinue the land office in such district, and to annex the same to some other adjoining land district. 10 Stat. 189, 194 ; E. S. 2250. Change of loca- Sec. 128. The President is authorized to change the loca- b°the^PrMidcn? ^^'^^ ^^ *^® ^^""l offlccs in the Several land districts estab- y e resii en . j^gj^^^ ^^ ^^^^ ^^^ ^^ relocate the same from time to time at such point in the district as he deems expedient. 10 Stat. 204, 244 ; E. S. 2251.. Biacontinnance Seo. 129. TJpon the rccommcndation of the Commissioner lU^vvmi^nl^^ of the General Land Office, approved by the Secretary of the Interior, the President may order the discontinuance of any land office and the transfer of any of its business and archives to any other land office within the same State or Territory. 12 Stat. 409; E. S. 2252. Change of Sbc. 130. The President is authorized to change and re- iLnddistaiitllnd^**^^^'®^ *^® boundaries of land districts, whenever, in his estabUahment of Opinion, the public interests will be subserved thereby, with- tricte^for^s^ie^of o"t authority to increase the number of land offices or laud mineral lands, districts, cxccpt that he is authorized to establish additional land districts, and to appoint the necessary officers under existing laws, whenever he may deem the same necessary for the public convenience in executing the provisions of the mineral laws. 14 Stat. 252; 16 id. 171 ; E. S. 2253, 2343. Business of orig- Seo. 131. In casc of the division of existing land districts cSst'^DfS'ge o" by the erection of new ones, or by a change of boundaries boundaries. by the President, all business in such original districts shall be entertained and transacted without prejudice or change, until the offices in the new districts are duly opened by pub- lic announcement under the direction of the Secretary of the Interior. All sales or disposals of the public lands here- tofore regularly made at any land office, after such lands have been made part of another district by any act of Con- gress, or by any act of the President, are confirmed, provided the same are free from conflict with prior valid rights. 17 Stat. 192; E. S. 2254. Allowance of Sbc. 132. The Secretary of the Interior is authorized to offlcm rent^and make a reasonable allowance for office rent for each con- BoUdated land of- solidated land office ; and when satisfied of the necessity ^'"^- therefor, to approve the employment by the register of one or more clerks, at a reasonable per-diem compensation, for such time as such clerical force is absolutely required to LAND DISTBICTS AND OFFICERS. 57 keep up the current public business, which clerical force shall be paid out of the surplus fees authorized to be charged by section one hundred and thirty-eight, if any; and if no surplus exists, then out of the appropriation for incidental expenses of district land offices; but no clerk shall be so. paid unless his employment has been first sanctioned by the Secretary of the Interior. 12 Stat. 131; E. S. 2255. U. S. v. Jarvis, 1 Davies, C. C. 274; U. S. V. Lowe, 1 DiUon, C. C. 585. 1 Lester's L. L. 314. Sec. 133. There shall be appointed by the President, by retStera'SiT'r^ and with the advice and consent of the Senate, a register of oefvers. the land office and a receiver of public moneys, for each land district established by law. 18 Stat. 34, 122, 123, 295 : E. S. 2234. Litchfield v. Eailway Co., 1 Woolw. C. C. 299. Bullock D. Wikon, 5 Port. (Ala.) 338; HeUan V. Eipley, 3 Eob. (La.) 138. Sec. 134. All registers and receivers shall be appointed aco °o? le^stera for the term of four years, but shall be removable at pleasure. ^'^'^ receivers. 3 Stat. 582 ; E. S. 2244. Best v. Polk, 18 WaU. 112. Sec. 135. Every register and receiver shall reside at theregiater and Re- place where the land office for which he is appointed is Oliver. directed by law to be kept. -E. S. 2235. [See all acts establisMng land districts.] Bond of register Sec. 136. Every register and receiver shall, before enter- ^""1 receiver, ing on the duties of his office, give bond in the penal sum of ten thousand dollars, with approved security, for the faith- ful discharge of his trust. 2 Stat. 73, 75 ; 10 id. 245 ; E. S. 2236. U. S. v. Vanzandt, 11 Wheat. 184 ; Walton v. U. S.,9 id. 651 ; Minor v. Mechanics' Bank, 1 Pet. 46; V. S.v. Tingey, bid. lir>; Farrar et al. v. U. S., bid. 373; U. S. V. Boyd, 15 id. 187 ; U. S. v. Linn, 15 id. 290 ; IT. S. v. Irving, 1 How., 250; U. S. v. Girault, 11 id. 22 ; U. S. v. Prescott, 3 id. 578 ; U. S. V. Boyd, 5 id. 29 ; Bryan v. U. S., 1 Black, 140 ; Boyden v. U. S., 13 Wail. 17; Bevans v. U. S., 13 id. 56; IT. S. v. Thomas, 15 id. 337. Alexandria v. Corse, 2 Crauch, C. C. 363; U. S. v. Ste- I)henson, 1 McLean, C. C. 462; IT. S. v. Spencer, 2 id. 265; U. S. V. Ward, 3 id. 179. 8 Op. Att. Gen. 7. 1 Lester's L. L. 312, 314. Sec. 137. Every register and receiver shall be allowed an Fees and com- aunual salary of five hundred dollars; and, in addition ™J?|^4J^™|j^ thereto, each shall be allowed the following fees and com- missions, namely : 3 Stat. 466; 12 id. 409 ; E. S. 2237. Dobbins?). Commissioners, &c., 16 Pet. 435. Decisions Com. G. L. 0., Feb. 20, 1858; May 1, 1871. First. A fee of one doUar for each declaratory statement on pie-emptionB. filed and for' services in acting on pre-emption claims. 5 Stat. 456; 13 id. 35; E. S. 2238. Decisions Com. G. L. O., June 17, 1875; Sept. 9, 1879. Cir. G. L. O., Aug. 7, 1872; March 10, 1880. Second. A commission of one per centum on all moneys On caahreceipta. received at each receiver's office. 3 Stat. 466: E. S. 2238. U. S. v. Dickson, 15 Pet. 141. U. S. v. Mo- Carty, 1 McLean, C. C. 306 ; U. S. v. Edwards, 1 id. 407. Decis- ion Sec. Int., May 30, 1859. Decision Com. G. L. 0., March 6, 187rt. Third. A commission to be paid by the homestead apph- Oni«»nestead«. 58 LAND DISTIUCTS AND OFFICERS. cant, at tho time of entry, of one per centum on the casb price, as fixed l).\' law, of the hvnd ai)plied for; and a like commission when the chxim is liually established, and the certificate therefor issued as the basis of a patent. 12 stilt. 39.!; lU id. 320; R. S. 2^33. Decision Sec. Int., March 3, 1874. DecisiouH Com. G. L. 0.,May7, 1877; Sept. 12, 1879. Cir. G. L. O., Juno 13, 1872; June 17, 1875; Muicli Id, IdMO. t *'" *™^<=''-<-.°i- Fourth. The same commission on lands entered under any ureen es. -^^^^ ^^ encourage the growth of timber on western prairies, as allowed when the like quantity of land is entered with money. 17 Stat. 606 ; R. S. 2236. Decision Sec. Int., Maicli 3, 1674. Decis- ion Com. G. L. O., Sept. 12, 1879. Cir. G. L 0., Oct. 30, 1873; Marcli 13, 1874 ; June 17, 1875 ; Marcli 10, 1880. to warrants Fifth. For locating military bounty-land warrants, issued wUegfsorip!"^ ' since the eleventh day of February, eighteen Jiundred and forty-seven, and for locating agricultural-college laud scrip, the same commission, to be paid by the holder or assignee of each warrant or scrip, as is allowed for sales of the pub- lic lands for cash, at the rate of oue dollar and twenty-five wiere fees not cents per acrc ; but they shall not be entitled to any fees allowed. ^^j, locating -warrants which are authorized by law to be located free of expense by the Commissioner of the Gen- eral Land Office, nor upon the location of warrants issued prior to the eleventh day of February, eighteen hundred and forty-seven. 9 Stat. 231 ; 10 id. 4 ; 12 id. 505 ; E. S. 22,38, 2437. U. S. v. Babbit, 1 Black, 55 ; same case, 5 Otto, 334. Decision Sec. Int., Marcb 1, 1876. Cir. G. L. 0. , Feb. 24, 1864 ; March 15, 1873 ; June 17, 1875 ; July 20, 1875 ; Feb. 13, 1879. In donation Sixth. A fee, in donation cases, of five dollars for each oases. gjj^j certificate for one hundred and sixty acres of land, ten dollars for three hundred and twenty acres, and fifteen dol- lars for six hundred and forty acres. 12 Stat. 409 ; R. S. 2236. On location of Seventh. In the location of lands by States and corpora- Sooi^or^ioM^ tions under grants from Congress for railroads and other purposes (except for agricultural colleges), a fee of one dol- lar for each final location of one hundred and sixty acres ; to be paid by ther State or corporation making such location. 13 Stat. 335 ; 18 id. 21 ; 19 id. 52 ; R. S. 2238. Eailwav Co. i'. Pres- cott, 16 Wall. 003 ; Railway Co. v. MeShano, 2-J id. 444 ; Hunne- wcll )'. Cass Co., 22 id. 464. Decisions Com. G. L. O., April 18, 1867 ; Aug. 8, 1667 ; Feb. 17, 1869 ; March 26, 1870. Tor Bnperin- Eighth. A fcc of fivc dollars per diem for superintending w's^e3';''inii(^ public land sales at their respective offices; and, to each »ge. receiver, mileage iu going to and returning from depositing the public moneys received by him. 3 Stat. 507 ; R. S. 2238. For filing and Moth. A fee of five dollars for filing and acting upon iSuln'd'appUrai each application for patent or adverse claim filed for min- tions. eral lands, to be paid by the respective parties. 17 Stat. 95 ; R. S. 2238. For taking tes- Tenth. Registers aud receivers pre allowed, jointly, at the timony. j,^^g of fifteen ceuts per hundred words for testimony reduced LAND DISTRICTS AND OFFICERS. 59 by them to writing for claimants, in establishing pre-emp- tion and homestead rights. 13 Stat. 35 ; R. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. G. L. 0., May 24, 1879. Eleventh. A like fee as provided in the i)receding sub- n>id. division when such writing is done in the laud office, in establishing claims for mineral lands. 17 Stat. 95 ; E. S. 2238. Decision Com. G. L. O., Sept. 1, 1879. Cir. G. L. O., May 24, 1879. Twelfth. Eegisters and receivers in California, Oregon, Additional fees, Washington, Nevada, Colorado, Idaho, New Mexico, Ari- states'Snd'T'SS zona, Utah, Wyoming, and Montana, are each entitled to*"™^- collect and receive fifty per centum on the fees and commis- sions provided for in the first, third, and tenth subdivisions of this section. 13 Stat. 36 ; E. S. 2238. [See, also, the several acts establishing land offices for Utah, Wyoming, and Montana. ] Thirteenth. A fee of one dollar shall be paid to registers o(^|^g§^^^°^^'=* for giving notice of cancellation to any person who has con- tested, paid the land-office fees, and procured the cancella- tion of any pre-emption, homestead, or timber-culture entry; the said fee to be paid by the contestant, and not to b© reported. Act of May 14, 1880. Sec. 138. The register for any consolidated land district, in Fees of register addition to the fees now allowed by law, shall be entitled to consoUdSuandi charge and receive for making transcripts for individuals, "ffices. or furnishing any other record information respecting pub- lic lands or land titles in his consolidated land district, such fees as are properly authorized by the tariff existing in the local courts of his district; and the receiver shall receive his equal share of such fees, and it shall be his duty to aid the register in the preparation of the transcrijjts, or giving the desired record information. 12 Stat. 131; E. S; 2239. Cir. G. L. O., July 19, 1878. ' Sec. 139. The compensation of registers and receivers, compraia^tSm for including salary, fees, and commissions, shall in no case ex- registers and re- cced in the aggregate three thousand dollars a year, each ; ''®''^'"^^- and no register or receiver shall receive for any one quarter or fractional quarter more than a pro rata allowance of such maximum. 3 Stat. 466; 10 id. 4; 11 id. 378; 12 id. 131, 393, 409, .505; 13 id. 36, 335; E. S. 2240. U. S. v. Babbit, 1 Black, 55; same case, 5 Otto, 334. Cir. 6. L 0.,.Feb. 20, 1858; May 1, 1871; June 24, 1875; July 19, 1878; May 24, 1879. Sec 140. Whenevei the amount of compensation received Excess of com- at any land office exceeds the maximum allowed by law to paid L TreaanryT any register Or receiver, the excess shall be paid into the Treasury, as other public moneys. 10 Stat. 204; 12 id. 131 ; E. S. 2241. Sec. 141. No register or receiver shall receive any com-pe^aity!"^ ^^''^ pensation out of the Treasury for past services who has charged or received illegal fees ; and, on satisfactory proof that either of such officers has charged or received fees or 60 LAND DISTRICTS AND OPFICEES. other rewards not authorized by law, he shall l/e forthwith removed from oflBce. 10 Stat. 4, 306; R. S. 2242. Compensation Qec. 142. The Compensation of registers and receivers, •of registeia and i ,, « , ■• ^ . . , ",, ■■ , ' receivers, when DOth for Salary and commissions, shall commence and be •tocommenoo. calculated from the time they, respectively, enter on the discharge of their duties. 10 Stat. 615; R. S. 2243. U. S. v. Edwards, 1 McLean, C. C. 467. Cir. G. L. 0., Feb. 20, 1858; May 1, 1871. Monthly and Sec. 143. The reccivcrs shall make to the Secretary of flfreoeivers*"™^ ttc Treasury monthly returns of the moneys received in their several offices, and pay over such money pursuant to his instructions. And they shall also make to the Commis- sioner of the General Land Office like monthly returns, and transmit to him quarterly accounts-current of the debits and credits of their several offices with the United States. 5 Stat. Ill; R.S.2245. Cir. G. L.O., July 1,1871; June 24, 1875;' July 19, 1878 ; May 24, 1879. Treasury Cir. , July 13, 1871. 1 Les- ter's L. L. 312, 314. Oaths adminis- Sbc. 144. The register or receiver is authorized, and it wSreo^ivS!^™ Shall be their duty, to administer any oath required by law or the instructions of the General Land Office, in connection with the entry or purchase of any tract of the public lands ; but he shall not charge or receive, directly or indirectly, any compensation for administering such oath. 5 Stat. 384 ; R. S. 2246. infS?m^atiSn^h^ ^^^' ^^^' ^^ ^^^ pcrsou appKcs to any register to enter Mg£ter.^ '™ ^ any land whatever, and the register knowingly and falsely informs the person so applying that the same has already been entered, and refuses to permit the person so applying to enter the same, such register shall be liable therefor to the person so applying, for five dollars for each acre of land which the person so applying, offered to enter, to be recov- ered by action of debt in any court of record having juris- diction of the amount. 5 Stat. 112 ; R. S. 2247. DepositofpBb- Sec. 146. All receivers having public monev to pav to the Sic money. tt -^ t cm^ l ^i , ■i..-*-'^. United states may pay the same to any depositary consti- tuted by or in pursuance of law, which may be designated by the Secretary of the Treasury, except that the receiver at San Francisco' shall pay over such money to the United States assistant treasurer in that city at the office of said assistant treasurer. 9 Stat. 62; 16 id. 216; 17 id. 435; R. S. 3615, 3616. ot^^t^^ ^^^- 1*'^- Where bona-fide settlers under the homestead register orre-or pre-emption laws have, subsequent to the date of filing •""*'■• their applications to enter not exceeding one quarter-section of public lands, been appointed a register or receiver of the land office of the district in which the lands are located, proof and payment must be made to the satisfaction of the Commissioner of the General Land Office. 17 Stat. 10 ; E. S. 2287. 4 Op. Att. Gen. 223; 7 id. 647. CHAPTER FIVE. SPECIAL AGENTS. Sec 148. Surveyor-general may appoint agents to examine surveys in the field. Sec 149. Officers, &o., detailed to InvestigatA frauds may administer oaths. Seo. 148. When it is incompatible with his other duties Snrveyor-gen- for a surveyor-general of the CTnited States to personaUy ^^tLtTlf'e^* inspect the surveying operations of his district while in mesurveysinthft progress in the field, he is authorized to depute a conMen- **' tial agent to make such examination ; and the actual and necessary expenses of such person shaU be allowed and paid for that service, and five dollars per day during the examination in the field : Provided^ That such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyor- general, or any person employed in his office at a regular salary, shall be engaged in such special service, he or they shall only receive his necessary expenses in addition to his regular salary. 10 Stat. 248 ; R. S. 2223. Sec. 149. Any of&cer or clerk of any x>t the executive offlcera detailed departments of the government who shall be lawfully de- f^^Sal mafj* tailed to investigate frauds, or attempts to defraud, on the mmiatei oatis. Government, or any irregularity or misconduct of any officer or agent of the United States, shall have power to adminis- ter oaths to affidavits taken in the course of any such inves- tigation. 16 Stat. 55, 75 ; U. S. v. Bailey, 9 Pet. 238. Bight of officers detailed on special drnty to extra compei»eatkm : 1 Cranch, 137; U. S. v. Eipley, 7 Pet. 18; U. S. v. Pillebrown, 7 id. 28; Gratiot v. U.S., 15 id. 336; U. S. u. Brown, 9 How. 487; Converse V. U. S., 21 id. 463 ; Stanbury v. U. S., 8 Wall. 33. U. S. v. Jarvis, 1 Davies, C. C. 274. Definition of office, and power to hind Oovemment : C. S. ■». Hartwell, 6 WaU. 385; WMteside et al. -o. U. S., 3 Otto, 247. Jielmbursemeni of expmditwrea : U. S. ». JarviB, 2 Ware, C. 0. 274, Decisions Sec Int., July 1, 1874; Sept 21, 1874. CiT.G.L.O., July 1, 1871. [The authority to appoint special agents in the administration of the land laws seems to be derived &om the annual appropriation bills, ^d from the general authority incident to the djity of. executing the laiMu] 61 CHAPTER SIX. PUBLIC SALES AND PRIVATE ENTRIES. Sec. Sec. 150. Public sale of lands in half quarter- 163. sections. ,151. Advertisement of sales. 1G4. 152. Price of lands $1.25 per acre. 153. No credit on sales of public lands. 165. 154. Lands raised to S2.50 per acre prior 1G6. to January, 1861, reduced to |l.25 167. per acre. 155. Public lands may bo offered for sale 168. in such proportions as the President chooses. 169. 156. Duration of sales. 157. Several certificates issued to tvro or 170. more purchasers of same section. 158. Private sales, in what bodies. 171. 159. Private sales, proceedings in. 160. Highest bidder, when preferred in 172. private sales. 161. Minimum price, how fixed when 173. reservations are sold. 162. Lands in California subject to pri- vate entry and withdrawn, how to be opened to entry. PQbHc sale of Sec. 150. All the publlc lancLs, the sale of which is au- landainhai^ thorized by law, shall, when offered at public sale to the "What coins receivable in payment lor public lands. Mistakes in entry of lands, provis- ions for. Mistakes in patents for lands. Mistakes in location of warrants. Error in entry by mistake of num- bers, proceedings upon Agreement and acts intended to pro- vent bids; penalty. Agreement to pay premiums to pur- chasers at public sales. Recovery of premiums paid to pur- chasers at public sales. Discovery of aOTeements to pay pre- mium, by bill in equity. Limitation of entries by agricultural- college scrip. Sale of saline lands. •quarter-aections. highest bidder, be offered in half quarter-sections. 3 Stat. 566 ; E. S. 2353. Advertisement of sales. f 1.2S per acre. Sec. 151. The public lands which are exijosed to public sale by order of the President shall be advertised in one newspaper published in the State or Territory where the lands are situated, to be designated by the Secretary of the Interior, for a period of not less than three nor more than six months prior to the day of sale, unless otherwise spe- cially provided. 4 Stat. 702 ; 19 id. 221, 377 ; R. S. 2359. Price of lands, Sec. 152. The price at which the public lands are offered for sale shall be one dollar and twenty -five cents an acre ; and at every public sale, the his^hest bidder, who makes pay- ment as provided in the preceding section, shall be the pur- chaser ; but no land shall be sold, either at public or private sale, for a less price than one dollar and twenty-five cents an acre ; and all the public lands which are hereafter offered at public sale, according to laAv, and remain unsold at the close of such public sales, shall be subject to be sold at pri- vate sale, by entry at the land office, at one dollar and twenty- five cents an acre, to be paid at the time of making such entry : Provided, That the price to be paid for alternate re- served lands, along the line of railroads v^ithin the limits 62 PUBLIC SALES AND PRIVATE ENTRIES. 63 .:grauted by any aet of Congress, shall be two dollars and fifty 'cents per acre. 3 Stat. 566 ; 19 id. 377 ; R. S. 2357. Chotard r. Pope, 12 Wheat. 589 ; Lytle V. Arkansas, U How. 32s ; Irvine r. Marshall, 20 id. 033 ; El- dred v. Sexton, 19 Wall. 189. Eldred v. Sexton, 30 Wis. 193 ; Hard- -wick V. Reardou, 6 Ark. 77. v! Op. Att. Gen. 186, 200; 3 id. 240, 274, 448 ; 4 id. 167 ; 5 id. 476 ; 7 id. 647. Decisions Sec. Int., March 16,1870; Nov. 2, 1871; Nov. 20, 1871 ; Jan. 4, 1872; Sept. 5, 1878. Decisions Com. G. L. 0., Aug. 31, 1830; June 21, 1865; Oct. 17, 1867 ; April 9, 1868; Sept. U, 1872 ; Jan. 29, 1873; March 24, 1873; Nov. 27, 1874; Oct. 20, lci76. Cir. G. L. 0., Sept. 10, 1849; June 17, 1875. Sec. 153. Credit shall not be. allowed for the purchase No credit on money on the sale of any of the public lauds, but every pur- lands." ^" " •chaser of land sold at public sale shall, on the day of pur- chase, make complete payment therefor ; and the purchaser .at private sale shall produce- to the register of the land ofiQce ■a, receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount ■of the purchase money on any tract, before he enters the same at the land office ; and if any person, being the highest bid- der at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day •of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales. 3 Stat. 566 ; R. S. 2356. Mathews v. Zane. 7 Wheat. 164 ; Chotard V. Pope, 12 id. 589; U. S. v. Boyd, 5 How. 49; Lyide v. Arkansas, 9 id. 328 ; Bell v. Heame, 19 id. 252 ; Irvine v. MarshaU, 20 id. 558. 2 Op. Att. Gen. 186 ; 3 id. 150, 448 ; 5 id. 476. Lott v. Prudhomme, 3 Rol). (La. ) 293 ; Beaumont v. Covington, 6 id. 189 ; Leblance v. Ludriqne, 14 La. Ann. 772; Newport v. Cooper, 10 La. 155 ; Kirby V. Fogleman, 16 id. 277 ; Wynn t'. Garland, 16 Ark. 440 ; Witlier- spoon V. Duncan, 21 id. 240 ; Hunter v. Hemphill, C Mo. 106 ; Groom v. Hill, 9 id. 320 ; Russell v. Defrance, 39 id. 506 ; Massey V. Smith, 64 id. 347 ; Stephenson v. Smith, 7 Nev. 610 ; Moreuhaut V. Wilson, 52 Cal. 226. Decisions Sec. Int., March 8, 1872; Sept. 5, 1878. Decisions Com. G. L. 0., Aug. 31, 1830 ; Sept. 1, 1879. Cir. G. L. O., Sept. 10, 1849; June 17, 1875; Oct. 1, 1878. Sec. 154. The price of lands now subject to entry which j2^o°^e™'a^r*2 were raised to two dollars and fifty cents per acre, and put prior toJannS^* in market prior to January, eighteen hundred and sixty -one, $1*25 per acre. by reason of the grant of alternate sections for railroad pur- poses, is hereby reduced to one dollar and twenty-five cents per acre. Act of June 15, 1880. Cir. G. L. O., July 17, 1880. Sec. 155. Whenever the President is authorized to cause PuWio lands the public lands, in any land district, to be offered for sale, for" Lie "i^ such he may offer for sale, at first, only a part of the lands con-i>j'^"]j, i_ j. privat«entryand entry have bccu or are hereafter withdrawn from market to *be^Sed "to ^'^^ ^^^ cause, such lauds shall not thereafter be held sub- entry, ject to private entry until they have first been open for at least ninety days to homestead and pre-emption settlers, and again offered at public sale. 16 Stat. 304 ; 18 id. 497 ; E. S. 2367. whatooina re- Sec. 163. The gold coius of Gicat Britain and other fop- ^t'^for^ffio'eign coins shall be received in all payments on account of lands public lands, at the value estimated annually by the Direc- tor of the Mint, and proclaimed by the Secreta,ry of the Treasury, in accordance with the provisions of section thirty^ five hundred and sixty-four of the Revised Statutes, Title, "The Coinage." 3 Stat. 779 ; 11 id. 163 ; E. S. 2366. PUBLIC SALES AND PRIVATE ENTRIES. 65 Sec. 164. In every case of a purchaser of public lands,'* at. Mistakes in en- private sale, having entered at the land ofSce a tract differ- ^loJi &^' ^"^ ent from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to the register of the land office; and if it appears from testimony satisfactory to the register and receiver, that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land, or that it has in any otherwise arisen from mistake or error of the surveyor, or officers of the land office, the regis- ter and receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that the purchaser is at liberty to 'ffithdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the pur- chase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office. 3 Stat. 526; R. S. 2369. Decisions Sec. Int., Jan. 28, 1850; Dec. 31, 1855 ; Jime 3, 1879. Decisions Com. G. L. O., April 22, 1856 ; May 8, 1856. Cir. G. L. O. , Aug. 31, 1830 ; July 23, 1849 ; April 20, 1853 ; Jan. 19, 1854; April 30, 1867. Sec. 165. The provisions of the preceding section are de- Mistakesinpat- clared to extend to all cases where patents have issued or ^" ^ " may hereafter issue; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a reUnquishment of title thereon, executed in a form to be prescribed by the Secre- tary of the Interior. 4 Stat. 301 ; R. S. 2370. Sec. 166. The provisions of the two preceding sections Mistakes in lo- are made applicable in aU respects to errors iu the location ^^^"" of wai^ of land warrants. 10 Stat. 257 ; R. S. 2371. Colder v. Keegan, 30 Wis. 126; Ainsley v. Paterson, 30 id. 653; Faush v. Coon, 40 Cal. 33. Cir. G. L. O., April 20, 1853. Sec. 167. In all cases of an entry hereafter made, of a tract Error in entry of land not intended to be entered, by a mistake of the true numbers*! pro- numbers of the tract intended to be entered, where the tract, oeedingsnpon. thus erroneously entered, does not, in quantity, exceed one half-section, and where the certificate of the original pur- chaser has not been assigned, or his right in any way trans- ferred, the purchaser, or, in case of his death, the legal representatives, not being assignees or transferees, may, iu any case coming withiu the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precau- tion and exertion had been used to avoid the error, with the register and receiver of the land district within which such tract ojf land is situated, who shaU transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the 5l o 66 PUBLIC SALES AND PRIVATE ENTRIES. credibility of eacli person testifying thereto, to tlie Oommis- sioner of the General Land Office, who, if he be entirely satisfied that the mistake has been made, and that every reasonable precaution and exertion had been made to avoid it, is authorized to change the entry, and transfer the pay- ment from the tract erroneously entered, to that intended to be entered, if unsold ; but, if sold, to any other tract liable to entry ; but the oath of the person interested shall in no case be deemed sufficient, in the absence of other corrobo- rating testimony, to authorize any such change of entry: nor shall anything herein contained affect the right of third persons. 4 Stat. 31 ; E. S. 2372. BeUows v. Todd, 34 Iowa, 18. soto^Sd* to ^^^- ^^^- E"^6ry person who, before or at the time of the prevent wdajpubMc Sale of any of the lands of the United States, bar- P*"^*?- gains, contracts, or agTees, or attempts to bargain, contract, or agree with any other person, that the last-named person shall not bid upon or purchase the land so offered for sale, or any parcel thereof, or who by intimidation, combination, or unfair management, hinders or prevents, or attempts to hinder or prevent, any person from bidding upon or pur- chasing any tract of land so offered for sale, shall be fined not more than one thousand dollars, or imprisoned not more than two years, or both. 4 Stat. 392; E. S. 2373. Oliver v. Piatt, 3 Hovr. 333; Fackler ». Ford et al., 24 id. 322 ; Easley v. Kellom et al., 14 WaU. 279. Stan- nard v. McCartliy, Morris (Iowa) 124. Agreement to gBO. 169. If any person before, or at the time of the pub- pn^rohasers at Hc Sale of any of the lands of the United States, enters public sales. jjj^ ^jjy contract, bargain, agreement, or secret under- standing with any other person, proposing to purchase such land, to pay or give to such purchasers for such land a sum of money or other article of property over and above the price at which the land is bid off by such pirrchasers, every such contract, bargain, agreement, or secret under- standing, and every bond, obligation, or writing of any kind whatsoever, founded upon or growing out of the same, shall be utterly null and void. 4 Stat. 392: E. S. 2374. Oliver v. Piatt, 3 How. 333; Paokler v. Ford etai., 24 id. 322 ; Easley v. KeUom et al., 14 WaU. 279. Wright V. Shumway, 1 BisseU, C. C. 23. Eecoveryofpre- Sec. 170. Bvcry person being a party to such contract, "'roha^er at^^'^S^'^^' agreement, or secret understanding, who pays to puUiosafes!^^ * such purchaser any sum of money or other article of value, over and above the purchase money of such land, may sue for and recover such excess from such purchaser in any court having jurisdiction of the same. 4 Stat. 392; R. S. 2375. Eoot v. Shields, 1 Woolw. C. C. 340. Ellis V. Hosier, 2 Green (Iowa), 246. Discovery of Sec. 171. If the party aggrieved have no legal evidence of agreements to such coutract, bargain, agreement, or secret understanding, 531™"^!^™ ''' or of the payment of the excess, he may, by bill in equity, compel such purchaser to make discovery thereof; and if in such case the complainant shall ask for relief, the court in which the bill is pending may proceed to final decree between PUBLIC SALES AND PEIVATB ENTRIES. 67 the parties to tlie same ; but every such suit either in law or equity shall be commenced within six years next after the sale of such land by the United States. 4 Stat. 392; E. S. 2376. Gnh v. Cutter, Bnmett (Wis.) 92; 1 Fin- ney (Wis.) 253. Root u. Shields, 1 Woolw. C. C. 340. Seo. 172. In no case shall more than three sections of ^t™**^*'"" ",' public lands be entered at private entry in any one town- raitoli coufge ship by scrip issued to any State under the act approved ""?• July two, eighteen hundred and sixty-two, for the establish- ment of an agricultural coUege therein. 15 Stat. 227; E. S. 2377. Cir. G. L. O., July 20, 1875. Sec. 173. Whenever it shall be shown to the satisfaction saia o( saiiu of the Commissioner of the General Land Office, by testi- '"^ mony taken before the register and receiver in any land dis- trict, that any of the lands within their district are saline in character, and not subject to sale under the general land laws, such lands shall be offered for sale at public auction at the local land office of the district, in which they are sit- uated, under regulations to be prescribed by the Commis- sioner, and sold to the highest bidder for cash, at a price not less than one dollar and twenty-five cents per acre ; and in case said lands are not sold when so offered, they shaU be subject to private sale at such land office, for cash, at a price not less than one dollar and twenty-five cents per acre, in the same manner as other public lands of the United States are sold: Provided, That this section shall not apply to any State or Territory to which a grant of salines has not been made by Congress, nor to any State or Territory to which such a grant has been made but which remains unsatisfied; and the patents issued for said lands shall be in the form of, and shaU only operate as, a release and quit- claim of such title as the United States has in sucli lands. 19 Stat. 221. Delauriere v. Emison, 15 How. 525; Morton v. Ne- braska, 21WaU.660. CHAPTER SEVEN. PRE-EMPTIONS. 6eo. 174. Lands subject to pre-emption. 175. Lands not subject to pre-emption. 176. Persons entitled to pre-emption. 177. Persons not entitled to pre-emption. 178. Limitation of pre-emption rigbt. 179. Oath of pre-emptionist, where filed ; penalty. 180. Notice of intention to make final proof. 181. Publication of notice of entry. 182. Proof of settlement ; assignment of pre-emption rights. 183. Claim filed by settler on land not pro- claimed for sale. 184. Statement to be filed by settler with intent to purchase, on lands sub- ject to private entry. 185. Declaratory statement of -settlers on unsurveyed lauds, when filed. 186. Pre-emption claimants; time of mat- ing proof and payment. 187. Lands relinquished by pre-emptors, subject to entry at once. 188. Party contesting pre-emption entry to be allowed thirty days after no- tice of cancellation to make entry. 189. Publication of notice of contest in pre-emption cases. 190. Extension of time in certain cases to persons in military and naval serv- ice. 191. Death before consummating claim ; who to complete, &c. 193. Entries of insane persons confirmed in certaiu cases. 193. Non-compUauoe with laws caused by vacancy iu office of register or re- ceiver not to affect, &c. 194. No pre-emption of lands sold but not confirmed by General Land Office. Sec. 195. Purchase by private entry after ex- piration of pre-emption right. 196. When more than one settler, rights of appeal to Commissioner and Sec- retary of Interior. 197. Settlements of two or more persons on same subdivision before survey. 198. Settlements before survey on sections 16 and 36, deficiencies therefor. 199. Selections to supply deficiencies of school lands. 200. Military bounty-land warrants re- ceivable for pre-emption payments. 201. Agricultural-college scrip receivable in payment of pre-emptions. 202. Pre-emption limit along railroad lines. 203. Pre-emption rights on lands reserved for grants found invalid. 204. Pre-emption rights on lands reserved for railroads. 205. Eight of additional location by pre- emptors within limits of forfeited railroad grants. 206. Confirmation of pre-emption entries within railroad limits made prior to receipt of notice of withdrawal at local office. 207. Lands within railroad grants re-en- tered after abandonment. 208. Entries made after expiration of land grants. 209. 'Wnere claimant of entry becomes register or receiver. 210. Right of transfer of settlers under homestead and pre-emption laws for certain public purposes. 211. PubUo sales of land not to be delayed by pre-emption claims. to pie-en ptlon. lands snbject Seo. 174. AJl lands belonging to the United States, to which the Indian title has been or may hereafter be extin- guished, shall be subject to the right of pre-emption, under the conditions, restrictions, and stipidations provided by law. Minnesota v. Hutchings v. Low, 15 id. 77 ; Shepley v. Cowan, 1 Otto, '330 ; Atheirton v. Fowler, 6 id. 513 ; Hosmer v. Wallace, 7 id. 575 ; Trenouth v. San Fran- cisco, 10 id. 251. EusseU v. Beebe, 1 Hemp. C. C. 704 ; Gimmy v. Culverson, 5 Saw. C. C. 605 ; HummeU v. Railway Co., 3 DUlon C. C. 313. 3 Op. Att. Gen. 106, 697 ; 5 id. 7 ; 11 id. 490. Terry v. Megerle, 24 Cal. 609 ; Hastings v. MoGrogin, 27 id. 85; Robinson V. Forrest, 29 id. 317 ; People v. Shearer, 30 id. 685 ; Mahoney ». 68 12 Stat. 413 ; 18 id. 18, 334 ; 19 id. 35 ; E. S. 2257. Bachelder, 1 Wall. 109; Hughes v. U. S., 4 id. 232: PRE-EMPTIONS. 69 Van Winkle, 33 id. 448 ; Smith v. Athem, 34 id. 270 ; Hutton v. Prisbie, 37 id. 475; Sherman v. Buiok, 45 id. 656: Fosoalina v. Doyle, 47 id. 438 ; Eeed v. Caruthers, 47 id. 181 ; TJmbarger v. Cha- boya, 49 id. 525 ; Mastlok v. Cave, 52 id. 67 ; West v. Smith, 52 id. 322; Perry v. O'Hanlan, 11 Mo. 373; McDaniel v. Orston, 12 id. 12; Brayi). Roysdalo, 53 id. 170; Rector u. 6aine8, 19 Ark. 70; Thompson v. Schlater, 13 La. 115 ; Woodward v. McReynolds, 2 Pinney (Wis.) 268; Challefont v. Erignon, 4 Wis. 554; Arnold v. Grimes, 2 Iowa, 1 ; Smith v. Mosier, 5 Blackf. (Ind.) 51 ; Snmner V. Coleman, 23 Ind. 91 ; Delaney v. ISnrnett, 9 Ills. 454 ; Brown v. Throckmorton, 11 id. 529; Baty v. Sale, 43 id. 351; Stalmacker «. Morrison, 6 Neb. 363 ; Stark v. Baldwin, 7 id. 114. Decisions Sec. Int., April 10, 1872; Aug. 5, 1874; Oct. 11, 1878; May 8, 1880. Sec. 175. The following classes of lands, unless otherwise lands not sub. specially provided for by law, shall not be subject to the^*° pre-emp- rights of pre-emption, to wit : First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose. * Second. Lands included within the limits of any incorpo- rated town, or selected as the site of a city or town. ^ Third. Lands actually settled and occupied for purposes of trade and business, and not for agriculture. ' Fourth. Lands on which are situaited any known salines or mines. * 5 Stat. 455; 19 id. 221 ; R. S. 2258. 1 Barnard v. Ashley, 18 How. 43 ; Hale v. Gaines, 22 id. 144 ; Wil- cox V. Jackson, 13 Pet. 498 ; U. S. v. Fitzgerald, 15 id. 407 ; Min- nesota V. Bachelder, 1 Wall. 109 ; Shepley v. Cowan, 1 Otto, 330 ; Van Reynegan v. Bolton, 5 id. 33 ; Hosmer v. Wallace, 7 id. 575 ; Trenouth v. San Francisco, 10 id. 251; Wolsey v. Chapman, S. C, Oct. T. 1879. Turner v. Missionary Union, 5 McLean, C. C. 344; U. S. V. Railway Bridge Co., 6 id. 517 ; Dupas v. Wassel, 1 Dillon, 0. C. 213; RusseUu. Beebe, 1 Hemp. C. C. 704. Josephs v. U. S. 1 N. and H. 197; Johnson v. U.St 2 id. 391. 2 Op. Att. Gen. 42, 578; 10 id. 56. Bellows v. Todd, 34 Iowa, 18; Fen wick v. GiU, 38 Mo. 510; Gaines v. Hale, 16 Ark. 9,- same case, 26 id. 168; Marks v. Dickson, 10 La. Ann. 597 ; McConnell v. Wilcox, 1 Scam. (IUs.)344; Smith 1). Goodell, 66 lUs. 450 ; Wood «. Railway Co., 11 Kansas, 323 ; Eli v. Frisbie, 17 Cal. 250 ; Mahoney v. Van Winkle, 21 id. 552; Page v. Hobbs, 27 id. 484 : Carpenter v. Sargent, 41 id. 557. Decision Sec. Int.,-April 15, 1880. = Kissell V. St. Louis Pub. Schools, 18 How. 19 ; Stark v. Starrs, 6 WaU. 402. Root v. Shields, IWoolw. C. C. 340. Smiley, v. Samp- son, 1 Neb. 56 ; Towsley v. Johnson, 1 id. 95 ; Nevada v. Rhodes, 4 Nev. 312. Decisions Sec. Int., June 5, 1876; July 26, 1876; Nov. 5,1878; Oct. 1, 1879. 30p. Att. Gen., July 3, 1871; July 24, 1871; Aug. 5,1871; Sept. 27, 1871. Decisions Sec. Int., July 24, 1871 ; Nov. 5, 1878. ■» U. S. V. Gear, 3 How. 120 ; Morton v. Nebraska, 21 Wall. 660. De- cision Sec. Int., Feb. 5, 1878. Sec. 176. Every person, being the head of a family, or peraonsentitied widow, or single person, over the age of twenty-one years, *"I"^^'*™p*'°'^ and a citizen of the United States, or having filed a declara- tion of intention to become such, as required by the natu- ralization laws, who has made, or hereafter makes, a settle- ment in person on the public lands subject to pre-emption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon, is authorized to enter with the register of the land office for the district in which such land lies, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter- section of land, to include the residence of such claimant, 70 PEE-EMPTIONS. upon paying to the United States the minimum price of such land. 5 Stat. 455 ; 18 id. 194, 294, 334 ; 19 id. 35, 404, 405 : E. S. 2259. Lytle V. Arkansas, 9 How. 314 ; Barnard, v. Ashley, 18 id. 43 ; Garland v. Wjnii, 20 id. 6; Gazzam v. Phillips' Lessee, 20 id. 372 ; Lindsey V. Hawes, 2 Black, 554 ; Hughes v. U. S., 4 Wall. 232: Frishie v. Whitney, 9 id. 187 ; Hutchings v. Low, 15 id. 77 ; Ferguson ti. McLaughlin, 6 Otto, 174 : Hosmer v. Wallace, 7 id. 575. Gimmy V. Culverson, 5 Saw. CO. 605^ Eoot v. Shields, 1 Woolw. C.C. 340. 3 Op. Att. Gen. 90, 126, 182, 303, 563*; 4 id. 147 ; 5 iS. 551 ; 7 id. 647, 746 ; 10 id. 56. Lytle v. Aikansas, 12 Ark. 9 ; KeUy v. WaUace, 14 Minn. 236: Davis v. O'Fenall, 4 Green (Iowa), 358; McDoweU V. Morgan, 28 Bis. 528; Towsley v. Johnson, 1 Neb. 95: Stark v. Baldwin, 7 id. 114 : McFarland v. Culbertson, 2 Ney. 280 ; Ely v. Ellington, 7 Mo. 302; Page v. Hobbs, 27 Cal. 484; miev. Tubba, 28 id. 402 ; Quinn v. Kenyon, 38 id. 499 ; Iburg v. Suanet, 47 id. 265 ; BurreU v. How, 48 id. 223. Decisions Sec. Int., April 23, 1863; July 12, 1871 ; June 6, 1872; Oct. 25, 1873; May 20, 1874; May 31, 1875 ; Jan. 24, 1876 ; March 8, 1877 ; Feb. 13, 1878 ; April 3, 1878; Sept. 21, 1879. Decisions Com. G. L. O., May 12, 1857; June 6, 1872; Sept. 14, 1874 ; Oct. 13, 1874 ; April 4, 1879. Persons not en, Seo. 177. The following classes of persons, unless other- tiiuatopre.emp-.^^^gg gpeciaUy provided for bylaw, shall not acquire any right of pre-emption under the provisions of the preceding section, to wit : First. Ko person who is the proprietor of three hundred and twenty acres of land in any State or Territory.' Second. No person who quits or abandons his residence on his own land to reside on the public lands in the same State or Territory.^ 5 Stat. 455; E. S. 2260. 'Decision Sec. Int., April 24, 1873. Decision Com. G. L. 0., Oct 11,1879. "Decisions Com. G. L. O., Jan. 12, 1857; Oct. 11, 1879. Limitation of Seo. 178. No pcrson Shall be entitled to more than one SJit°™^*^°"pre-emptive right by virtue of the provisions of section one hundred and seventy-six ; nor where a party has filed his declaration of intention to claim the benefits of such provisions, for one tract of land, shall he file, at any future time, a second declaration for another tract. 5 Stat. 455, 620; E. S. 2261. Johnson v. Towsley, 13 WaU. 72. Smiley v. Sampson, 1 Neb. 56 ; Stark v. Baldwin, 7 id. 114 ; Mont- gomery V. Whiting, 40 Cal. 294. Decisions Seo. Int., June 6, 1876 : Aug. 7, 1876 ; Dec. 18, 1876 ; June 2, 1877 ; May 21, 1879. Decisions Com. G. lu O., June 29, 1874; April 18, 1877; Sept. 18, 1877. Oath of pre- Sec. 179. Before any person claiming the benefit of this Slf°pinaiTy.*" Chapter is allowed to enter lands, he shall make oath before the receiver or register of the land district in which the land is situated that he has never had the benefit of any right of pre-emption under section one hundred and seventy-six; that he is not the owner of three hundred and twenty acres of land in any State or Territory ; that he has not settled upon and improved such land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person what- soever, by which the title which he might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except himself; and if any PRE-EMPTIONS. 71 person taking such oath swears falsely in the premises, he shall forfeit the money which he may have paid for such land, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona-flde purchasers, for a valuable consideration, shall be nuU and void, except as provided in section two hundred and ten. And it shall be the duty of the officer administer- ing such oath to file a certificate thereof in the public land offlce of such district^ and to transmit a duplicate copy to the General Land Oface, either of which shall be good and sufBcient evidence that such oath was administered accord- ing to law. The affidavit required by this section may be made before ^'?*J pj®"/ the clerk of the county court or of any court of record, of of oemityMiJt the county and State or district and Territory in which the lands are situated; and if the lands are situaited in any un- organized county, the affidavit may be made ia a similar manner in any adjacent county in said State or Territory, and the affidavit so macje and duly subscribed shall have the same force and effect as if made before the register or receiver of the proper land district; and the same shall be transmitted by such clerk of the court to the register and receiver with the fee and charges allowed by law. 5 Stat. 456 ; act of June 9, 1880 ; E. S. 2262. ThredgUl v. Pintard, 12 How. 24; Garland v. Wynn, 20 id. 6; Harkness v. UnderhiU, 1 Black, 316 ; Myers v. Croft, 13 Wall. 291 ; Easley v. Kellom, 14 id. 279 ; Lamb v. Davenport, 18 id. 307 ; Hosmer v. Wallace, 7 Otto, 575. Dorman v. Ames, 12 Minn. 451 ; Smith i>. Sackett, 15 HIb. 528 ; Miller v. Thomas, 14 id. 428 ; Ainsworth v. Miller, 20 Kansas, 220; Wedekindi). Craig, S. C. Cal., Aug. 7, 1880, in manuscript. Decisions Sec. Int., Oct. 19, 1872; March 11, 1874; Sept. 18, 1874; Oct. 12, 1874; Feb. 22, 1875; Nov. 30, 1875; June 28, 1876; Feb. 29, 1876 ; Feb. 26, 1877 ; March 19, 1880; May 17, 1880. Decisions Com. G. L. 0., July 13, 1877 ; Oct. 11, 1879. Seo. 180. That before final proof shall be submitted by Notioeof inten- any person claiming to enter agricultural lands under thep°"o^™*''*^'^ laws providing for pre-emption entries^ such person shall file with the register of the proper land office a notice of his or her intention to make such proof, stating therein the descrij)- tion of lands to be entered, and the names of the witnesses by whom the necessary facts will be established. 20 Stat. 472. Sec. 181. Upon the filing of the notice required by the pubuoation of preceding section the register shall publish a notice, that i">ti<=e of entry, such application has been made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his office for the same period. Such notice shall contain the names of the witnesses as stated in the application. At the expiration of said period of thirty days the claimant shall be entitled to make proof in the manner provided by law. The Secretary of the In- terior shall make all necessary rules for giving effect to the foregoing provisions. 20 Stat. 472. 14 Op. Att. Gen. 601. Seo. 182. Prior to any entries being made under and by 72 PEE-EMPTIONS. ProofofBettie- virtue of the provisions of section one hundred and sev- mmtpfpre-emp-fiDty-six;, proof of the Settlement and improvement thereby Won rights. required shall be made to the satisfaction of the register and receiver of the land district in which such lands lie, agreeably to such rules as may be prescribed by the Secre- tary of the Interior ; and all assignments and transfers of the right hereby secured, prior to the issuing of the patent, shall be null and void. 5 Stat. 456 ; E. S. 2263. Lytle v. Arkansas, 9 How. 314 ; ThredgiU V. Pintard, 12 id. 24 ; Cunningham v. Ashley, 14 id. 377 ; Garland V. Wynn, 20 id. 6; Marks v. Dickson, 20 id. 501 ; Lytle v. Arkansas, 22 id. 193; Harkuess v. UnderhiU, 1 Black, 316; Litchfield v. Register et al., 9 Wall. 575 ; Myers v. Croft, 13 id. 291 ; Easley ii. Keilom, 14 id. 279 ; Hutohings v. Low, 15 id. 77 ; Lamb v. Daven- port, 18 id. 307. Root v. Shields, 1 Woolw. C. C. 340 ; Keilom «. Easley, 1 DiUou, C. C. 281. 1 Op. Att. Gen. 291 ; 2 id. 42 ; 3 id. 91 ; 10 id. 56. Lytle v. Arkansas, 12 Ark, 9 ; Keller v. Belleaudeau, 6 La. Ann. 643 ; Strong v. Eachal, 16 La. 232 ; Kellam ». Eipley, 3 Eob. (La.) 138 ; MoElyea v. Hayter, 2 Port. (Ala.) 148 ; Lamont V. Stimson, 3 Wis. 545 ; Challefant v. Grignon, 4 id. 354 ; Camp v. Smith, 2 Minn. 155 ; Evans v. Fulsom, 5 id. 423 ; Bruggerman v. Peter, 7 id. 337 ; Randall v. Edert, 7 id. 450 ; McCue v. Smith, 9 id. 252; Ferguson «. Kumhler, 11 M. 184; Kelly ». Wallace, Hid. 236 ; Woodbury v. Dorman, 15 id. 338 ; Jones v. Tainter, 15 id. 512; Sharon v. WooMok, 18 id!. 354; Marshall v. Bush, Morris (Iowa), 275 ; Pierson v. David, 1 Iowa, 24 ; Snow v. Flannery, 10 id. 318; Deland v. Day, 45 id. 37 ; Carr v. Allison, StBlackf. (Ind.) 63 ; Doe v. Hayes, 1 Ind. 247 ; Sumner v. Coleman, 23 id. 91 ; Mc- Connelli). Wilcox, 1 Scam. (Ills.) 344; Gray*. McCance, 14111s. 343 ; McDowell v. Morgan, 28 id. 528 ; Baty v. Sale, 43 id. 351 ; RobbinsD. Brown, 54 id. 48; Towsley ti. Johnson, 1 Neb. 95; Frank- lin ». Kelly, 2 id. 79 ; McKean v. Crawford, 6 Kansas, 112 ; McKean V. Meassley, 6 id. 122 ; Ainsworth v. Miller, 20 id. 220 ; Lapham v. Hend, 21 id. 332 ; Rose v. Treadway, 4 Nev. 455 ; Treadway v. Wilder, 8 id. 91 ; Tartar v. Hall, 3 Cal. 263 ; Larue v. Gastins, 5 id. 164 ; Whiting v. Buokman, 13 id. 036 ; Page v. Fowler, 28 id. 605 ; Megerle v. Ashe, 33 id. 74 ; Quinn v. Kenyon, 38 id. 499 ; Damrell v. Meyer, 40 id. 166 ; Moore v. Besse, 43 id. 511 ; Thurston V. Alva, 45 id. 16 ; Hudson v. Johnson, 45 id. 21 ; Iburg v. Suanet, 47 id. 265; Huston u. Walker, 47 id. 484 ; BurreU v. How, 48 id. 223 ; Snow i). Kimmer, 53 id. 624 ; Douglas v. Gould, 52 id. 656 ; DiUa V. BohaU, S. C. Cal., Nov. T. 1879; Chapman v. Quinn, S. C. Cal., March 13, 1880 ; Paulding v. Grinslay, 10 Mo. 135. Decisions Sec Int., April 25, 1872 ; Feb. 18, 1874 ; March 9, 1875; Jan, 31, 1876 ; April 27, 1876 ; May 17, 1876 ; May 18, 1876 ; May 25, 1876 ; Deo. 9, 1876 ; Feb. 7, 1877 ; March 21, 1877 ; March 21, 1878 ; Nov. 13, 1878. •eSonSnoT ®^^- ^^^- Every claimant under the pre-emption law for proclaimed for land uot yet proclaimed for sale is required to make known "*'"• his claim in writing to the register of the proper land office within three months from the time of the settlement, giving the designatiou of the tract and the time of settlement; otherwise his claim shall be forfeited and the tract awarded to the next settler, in the order of time, on the same tract of land, who has given such notice and otherwise complied with the conditions of the law. 5 Stat. 620 ;E.S. 2265. Johusont). Towslev.l3Wall. 72; Mooreu. Rob- bins, 6 Otto, 530. 9 Op. Att. Gen. 515. "Decisions Sec. Int., Sept. 6, 1873; Feb. 6, 1874; June 2, 1876; Jan. 24, 1877; May 2, 1877 ; March 21, 1878; April 19, 1878. Decision Com. G. L. O., May 20, 1880. ^statementtobe gso. 184. When any person settles or improves a tract of with mtent to land Subject at the time of settlement to private entry, and Eni" subject "to !^*^^23, 1880. Decisions Com. G. h. O. , May 8, 1871 (Copp's L. L. 228) ; May 7, 1874 (1 Copp's L. 0. 139) ; Sept. 29, 1874 ; Oct. 28, 1874 ; Feb. 20, 1875 (1 Copp's L. 0. 180) ; April 13, 1876 (3 id. 19) ; March 23, 1877 (6 id. 137) : Deo. 2, 1878 (5 id. 147) ; June 23, 1879 (6 id. 51); Sept. 12, 1879. Cir. G. L. O., Oct. 30, 1862 (Zab.L.L. 147, 151); AprU 18, 1864 (id. 155); Feb. 28, 1868 {id. 164) ; May 15, 1868 {id. 165) ; June 15, 1872 (Copp's L. L. 239) ; May 18, 1877 (4 Copp's L. O. 51) ; Jan 8, 1878 (4 id. 167) ; 1878 (5 id. 118) ; May 24, ls79 (6 id. 60). General Cir., Sept. 1, 1879, pp. 11, 20. Rule 26, G. L. O. Rep. 1877, p. 101. Pre-emptionffl- Sec. 214. Any person who has made a settlement on the fo.me^tM(fent4! public lauds Under the pre-emption laws, and has subse- quent to such settlement changed his filing in pursuance of law to that for a homestead entry upon the same tract of land, shall be entitled, subject to all the provisions of law relating to homesteads, to have the time required to per- fect his title under the homestead laws computed from the date of his original settlement heretofore made, or hereafter to be made, under the pre-emption laAvs. 19 Stat. 404 ; 20 id. 63. Decisions Sec. Int., June 20, 1871 (1 Copp's L. 0. 103) ; June 19, 1872 ; Aug. 3, 1876 (3 Copp's IM>. 122) ; Sept. 16, 1879 (6 id. 108) ; Sept. 27, 1879 (6 id. 107). Decisions Com. G. L.O., May 21, 1877 (4 Copp's L.0.51); Oct. 18, 1878 (5 id. 164). Cir. G. L. O., April 4, 1877 (4 Copp's L. 0. 23) ; March 21, 1878 (5 id. 27). General Cir., Sent. 1, 1879, p. 15. Rules 24 and 27, G. L. O. Rep. 1877, p. 101. Homestead set- Sec. 215. Any Settler who has settled, or who shall here- aime^tSi" Mprc^ after Settle, on any of the public lands of the United States, emptors, to fiio whether surveyed or unsurveyed, with the intention of lamds?"'™ ""^ claiming the same under the homestead laws, sha^l be allowed the same time to file his homestead apphcatio-a and perfect his original entry in the United States land oflice as is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the pre-emption laws. 21 Stat. 140, 141. Decisions Sec. Int., April 29, 1876 (3 Copp's L. 0. 114) ; Aug. 3, 1876 (3 id. 122) ; Sept. 27, 1879 (6 id. 107). Decis- ions Com. G. L. O., May 7, 1874 (1 Copp's L. 0. 139) ; Oct. 18, 1878 (5 id. 164). Cir. G. L. O., May 25, 1880 (7 Copp's L. 0. 52). Certificate and gEO. 216. No Certificate, however, shall be given, or pat- giver an^isett^"ent issued therefor, until the expiration of five years from the date of such entry ; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry ; or if he be dead, his widow ; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, ' proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alien- ated, except as provided in section two hundred and ten, and that he, she, or they will bear true allegiance to the Government of the United States ; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided HOMESTEADS. 83 by law. The proof of residence, occupation, or cultivation, Proof of reai- the affidavit of non-alienation, and the oath of allegiance, '^^°™' *"■ required to be made by this section, may be made before the judge, or, la his absence, before the clerk, of any court of record of the county and State, or district and Territory, in which the lands are situated ; and if said lands are situated in any unorganized county, such proof may be made in a similar manner in any adjacent county in said State or Ter- ritory ; and the proof, affidavit, and oath, when so made and duly subscribed, shall have the same force and effect as if made before the register or receiver of the proper land district ; and the same shall be transmitted by such judge, or the clerk of his court, to the register and the receiver, with the fee and charges.allowed by law to him ; and the register and receiver shall be entitled to the same-iees for examining and approving said testimony as are now allowed by law for taking the same; and if any witness making False sweaiingj such proof, or the said applicant making such affidavit or penalty for. oath, swears falsely as to any material matter contained in said proof, affidavits, or oaths, the said false swearing being willful and corrupt, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. 14 Stat. 67: 18 id. 81 ; 19 id. 403 ; E. S. 2291. Mining Co. v. Daugh- bery, 1 Saw. C. 0. 450. Oaks v. Heaton, 44 Iowa, 116 ; Deland v. Day, 45 id. 37 ; Dawson v. Merrille, 2 Neb. 119 ; Cheney v. White, 5 id. 261 ; Jonea v. Yorkman, 5 id. 265 ; Perry v. Ashley, 5 id. 291 ; Bellinger v. White, 5 id. 399 ; Axtell t>. Warden, 7 id. 182 ; Mc Will- iams V. Bridges, 7 id. 419 ; Moore v. Mcintosh, 6 Kansas, 39 : Com- missioners V. Shippman, 14 id. 532 ; Kirkaldio v. Larrahee, 31 Cal. 456 ; Jarvis v. Hoffman, 43 id. 304. Decisions Sec. Int. , Jnne 2, 1871 (Copp's L. L. 234) ; July 12, 1871 {id. 256) ; Oct. 21, 1871 (id. 233) : Nov. 3, 1871 (M.245); Jan. 31, 1872 (id. 238); Feb. 3, 1875; Ang. 5, 1875 (2 Copp's L. O. 83) ; Aug. 25, 1875 (2 id. H3) • Deo. 4, 1875 (2 id. 131) ; April 6, 1876 ; Jan. 15, lb77 (3 Copp's L. 0. 164) ; March 7, 1877 ; April 9, 1877 (4 Copp's L. O. 19) ; May 14, 1878 ; Dec. 5, 1878 (5 Copp's L. O. 146) ; Nov. 25, 1879 (6 id. 153) ; Feb. 7, 1880 (7 id. 6). Decisions Com. G. L. O., June 24, 1867 (Zab. L. L. 160) : Aug. 6, 1868 {id. 167); March 28, 170 (2 Copp's L. 0. 57) ; Feb. 10, 1874 (1 id. 3) ; March 26, 1874 (1 id. 4) ; May 15, 1874 (1 id. 35) ; June 10, 1874 (Copp's L. L. 239) ; Juno 19, 1874 {id. 238) ; July 25, 1874 (1 Copp's L. O. 92) ; Aug. 4, 1874 (Copp's L. L. 247) : Aug. 22, 1874 (1 Copp's L. 0. 84) : Dec. 15, 1874 (1 id. 149) ; Dec. 19, 1874 (Copp's L. L. 271) ; June 22, 1875 (2 Copp's L. O. 50) ; July 31, 1875 (2 id. 83) ; Aug. 6, 1875 (2 id. 99) ; April 13, li576 (3 id. 19); Feb. 25, 1877 (4 id. 108): May 7, 1877: June 29, 1877; July 6, 1877 (4 Copp's L. O. 168) ; July 25, 1877 (4 id. 108) ; Aug. 16, 1877 (4 id. 103) ; Ang. 18, 1877 (4 id. 107) ; Aug. 25, 1877 (4 id. 103) ; Oct. 22, 1877 (4 id. 131); Nov. 22, 1877 (4 id. 146); Dec. 4, 1877 (4 id. 146); Sept. 3, 1878 (5 id. 117) ; Oct. 2, 1878 (5 id. 117) ; Nov. 14, 1878 ; Dec. 5, 1878 (5 Copp's L. 0. 147) ; Jan. 20, 1879 (5 id. 179) ; Jan. 29, 1879 (5 id. 179) ; Feb. 4, 1879 (5 lU 179) ; July 6, 1879 ; Aug. 11, 1879 (6 Copp's L. 0. 93) ; Jan. 24, 1880 (6 id. 190) ; Feb. 19, 1880 (6 id. 189) ; March 24, 1880 (7 id. 24) ; April 22, 18 (7 id. 25). Cir. G. L. O., Oct. 30, 1862 (Zab. L. h. 147, 151) ; Feb. 28, 1868 {id. 164) ; May 15, 1868 {id. 165); Dec. 20, 1873 (Copp's L. L.244): July 9, 1874 (i(Z.259); Aug. 17, 1874 {id. 260) ; Sept. 9, 1874 {id. 344) ; Jan. 5, 1875 {id. 261) ; Oct. 24, 1876 (3 Copp's L. 0. 116) ; April 4, 1877 (4 id. 23) ; May 8, 1877 (4 id 52) ; Mav 18, 1877 (4 id. 51) ; June 23, 1877 (4 id. 68) : July 6, 1878 (5 id. 101) : July 17, 1878 (5 id. 95) ; , 1878 (5 id. 118) ; April 15, 1879 (6 id. 45) ; May 24, 1879 (6 id. 60). General Cir., Sept. 1, 1879, p. 11, et seq. Rule 24, G. L. O. Rep. 1877, p. 101. 84 HOMESTEADS. n^*th1ttflt ^^^' 217. In case of the death of both father and mother, ofinfeotoUidreD. leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose ; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a pat- ent from the United States on the payment of the office fees and sum of money above specified. 14 Stat. 67; E. S. 22*2. Fuller v. Hunt, S. C. Iowa, 1877; Rail- way Co. V. Gordon, S. C. Mich. 1379. Decisions Sec. Int., April 9, 1877 (4 Copp's L. O. 19) ; Nov. 6, 1878 (5 id. 165). Decisions Com. G. L. O., Aug. 6, 1875 (2 Copp's L. O. 99); Aug. 12, 1875 (2 id. 99); Oct. 18, 1876 (3 i5. 114); May 2-i, 1877 (4 id. 57); Dec. 8, 1877; Feb. 4, 1879 (5 Copp's L. 0. 179); Jan. 24, 1880 (G id. 180). Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151). General Cir., Sept. 1,1879, p. 13. Homestead en- Sec. 218. In all cases in which parties who regularly peraoM^co^lm* i^i^i^t*"^ claims to public lands as settlers thereon ac- ed in certain cording to the provisions of the homestead laws, have be- cases. come insane or shall hereafter become insane before the expiration of the time during which their residence, culti- vation, or improvement of the land claimed by them is required by law to be continued in order to entitle them to make the proper proof and perfect their claims, it shall be lawful for the required proof and payment to be made for their benefit by any person who may be legally authorized to act for them during their disability, and thereupon their claims shall be confirmed and patented, provided it shall be shown by proof satisfactory to the Commissioner of the General Land Office that the parties complied in good faith with the legal requirements up to the time of their becom- ing insane; and the requirement in homestead entries of an affidavit of allegiance by the applicant in certain cases as a prerequisite to the issuing of the patents shall be dis- pensed with so far as regards insane persons. 21 Stat. 166. Decisions Com. G. L. O., March 11, 1874 (1 Copp's L. O. 19); Nov. 14, 1878 (5 id. 165). Cir. G. L.O., July 17, 1880 (7 Copp's L. O. 89). Persons in mil- Sbc. ,219. In case of any person desirous of availing him- itarjr or naval gelf of the benefits of this chapter ; but who, by reason of before 'whom to actual scrvice in the military or naval service of the United make affidavit, gtates, is Unable to do the personal preliminary acts at the district land office which the preceding sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona- fide improvement and settlement have been made, such per- son may make the affidavit required by law before the offi- cer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the reg- ister by the wife or other representative of the party, the same shaU become effective from the date of such filing, HOMESTEADS. 85 provided the application and affidavit are accompanied by . the fee and commissions as required by law. 13 Stat. 35; E. S. 2293. Decisions Sec. Int. , April 3, 1879 (6 Copp's L.O.50). Decisions Com. G.L.O.,Nov. 6,1875 (2 Copp's L. O. 133) ; July 3, 1876 (3 id. 69) ; Feb. 3, 1880 (6 id. 190). Cir. G. L. O. , AprU 18, 1864 (Zab. L. L. 155) : Sept. 14,1868 (id.l58); June 25, 1869 (Copp's L.L. 248). Sec. 220. In any case in which the applicant for the bene- "wien persons fit of the homestead, and whose family, or some member S^t^forecirai thereof, is residing on the land which he desires to enter, of eoTt. and upon which a bona-fide improvement and settlement have been made, is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office, it may be lawful for him to make the affidavit required by law before the clerk of the court for the county in which tlie applicant is an actual resident, and to transmit the same, with the fee and commissions, to the register and receiver. 13 Stat. 35; 18 id. 192; E. S. 2294. Decisions Com. G. L. O., March 31, 1874 (1 Copp's L. O. 19) ; May 7, 1874 (1 id. 139). Cir. G. L. O. (Zab. L. L. 151): April 18, 1864 (id. 155); Sept. 14, 1868 (id. 15i); April 21, 1870 (Copp's L. L. 226); April 4,1877 (4 Copp's L. O. 23) ; May 18, 1877 (4 id. 51); , 1878 (5 id. 118). General Cir. , Sept. 1,1879, p. 11. Seo. 221. The register of the land office shall note all Record of ap- applications under the provisions of this chapter, on the ^ °^°°*- tract-books and plats of his office, and keep a register of all such entries, and make return thereof to the General Land Office, together with the proof upon which they have been founded, 12 Stat. 393; E. S. 2295. Decisions Sec. Int., June 20, 1871 (1 Copp's L. O. 114); Sept. 16, 1874. Decision Com. G. L. O., July 11, 1871. Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147). General Cir., Sept. 1, 1879, p. 11. Sec. 222. No lands acquired under the provisions of this •^""""l?^^ chapter shall in any event become liable to the satisfaction 8™j^t'"to prior of any debt contracted prior to the issuing of the patent ^t"*- therefor. 12 Stat. 393 ; R. S. 2296. Seymour e. Saunders, 4 Dillon, C. C. 437. Eussell V. Lowth, 21 Minn. 167 ; Clieeny v. White, 5 Neb. 261 ; Jones V. Yorkman, 5 id. 265 ; Bellinger v. White, 5 id. 399 ; Mo- Williams V. Bridges, 7 id. 419 ; Mooro v. Mcintosh, 6 Kansas, 39 ; Waters v. Voorhees, 14 id. 328 ; Kirkaldie v. Larrabee, 31 Cal. 456 ; MiUer v. Little, 47 id. 348; Chant i;. Eeynolds, 49 id. 213; Fuller V. Hunt, S. C. Iowa, 1877. Cir. G. L. O., Oct. 2, 1862 (Zab. L. L. 147, 151). General Cir., Sept. 1, 1879, p. 21. Sec. 223. If, at any time after the filing of the affidavit, wheniandsen- as required in section two hundred and thirteen, andSd r°6vert™to before the expiration of the five years mentioned in sec- Government. tion two hundred and sixteen, it is proved, after due no- tice to the settler, to the satisfaction of the register of the land office, that the person having fil^d such affidavit has actually changed his residence, or abandoned the land for more than six months at any time, then ,and in that event the land so entered shall revert to the Government. 12 Stat. 393 ; 18 id. 294 ; 19 id. 36 ; E. S. 2297. Decisions Sec. Int., Oct. 16, 1870 ; April 18, 1871 (Copp's L. L. 254) ; April 28, 1871 (1 Copp's L. O. 36); June 2, 1871 (Copp's L.L. 234); June 11, 1871 86 HOMESTEADS (id. 236); June 20, 1871 (1 Copp's L. O. 114): A.ng. 14, 1872 (Copp'B L. L. 253) ; Oct. 23, 1873 (id. 254) ; Dec. 10, 1872 (id. 208) ; Dec. 9, 1874 (1 Copp's L. 0. 148) ; Dec. 11, 1874 (lid. 148) ; Feb. 3, 1875 ; Aug. 5, 1875 (2 Copo's L. 0. 83) ; Nov. 27, 1875 (2 id. 133) ; Dec. 4, 1875 (1 id. 131) ; April 11, 1876 (3 id. 19) ; May 8, 1876 (3 id. 21) ; Jan. 15, 1877 (3 id. 164) ; May 14, 1878. Decisions Com. G. L. O. , Dec. 18, 1867 (Zab. L. L. 162) ; May 23, 1868 (id. 166) ; Aug. 6, 1868 (id. 167) ; July 11, 1871 : March 11, 1874 (1 Copp's L. O. 19) ; April 15, 1874 (1 id. 20) ; July 25, 1874 (lid. 92) ; Dec. 15, 1874 (Copp's L. L. 251) : March 27, 1875 (2 Copp's L. 0. 34); Dec. 8, 1875 (Hid. 148) ; Feb. 7, 1876 (3 id. 3) ; April 13, 1876 (Sid. 19); Oct. 18, 1876 (3 id. 142) ; May 28, 1877 (4 id. 51) ; July 6, 1877 (4 id. 168) ; Jan. 19, 1878 (6 id. 125) ; Nov. 1, 1878 (5 id. 147) ; June 7, 1879 (6 id. 153). Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151); Sept. 14, 1868 (id. 158) ; June 25, 1869 (Copp's L. L. 248) ; Aug. 15, 1872 (1 Copp's L. O. 28) ; Nov. 15, 1873 (Copp's L. L. 250) ; July 9, 1874 (id. 259) ; Jan. 5, 1875 (id. 261); Jan. 8,1878 (4 Copp's L. O. 167). Gen- eral Cir., Sept. 1, 1879, p. 14. Kule 27, G. L. O. Eep. 1877, p. 101. PabUMition of Seo. 224. The notices of contest provided by law, under fn'homeXeadthe liomestcad laws, shall be printed in some newspaper casea. printed in the county where the land in contest lies ; and if no newspaper be printed in such county, then in the news- paper printed in the county nearest to such land. 20 Stat. 91. Cir. G. L. O., June 12, 1878 (5 Copp's L. 0. 101). Gen- eral Cir., Sept. 1, 1879, p. 14. ifoticeofmten- Seo. 225. Before final proof shall be submitted by any toto mate final pgj,gQjj claiming to enter agricultural lands under the laws providing for homestead entries, such person shall file with the register of the proper land ofQce a notice of his or her intention to make such proof, stating therein the de- scription of lands to be entered, and the names of the wit- nesses by whom the necessary facts will be established. 20 Stat. 472. Decisions Com. G. L. O., Aug. 1, 1879 (6 Copp's L. O. 93). Cir. G. L. O., April 15, 1879 (6 Copp's L. O. 45); Jan. 17, 1880 (Sid. 191). General Cir., Sept. 1, 1879, p. 12. PnbUoation of Sec. 226. Upou the filing of the notice required by the notice of entry, preceding scctiou, the register shall publish a notice that such application has been made, once a week for the period of thirty days, in a newspaper to be by him designated as published nearest to such land, and he shall also post such notice in some conspicuous place in his ofiQce for the same period. Such notice shall contain the names of the wit- nesses as stated in the application. At the expiration of said period of thirty days, the claimant shall be entitled to make proof in the manner provided by law. The Secretary of the Interior shall make all necessary rules for giving effect to the foregoing provisions. 20 Stat. 472. General Cir. G. L. O., Sept. 1, 1879, p. 12. b '^Jolto^uTlhla ^■^*^* ^^^* ^^®° ^ homestead claimant shall file a written homestraSciL^s relinquishment of his claim in the local land office, the land ntOTwe '" "'"'^ covered by such claim shall be held open to settlement and entry without further action on the part of the Commissioner of the General Land OfQce. 21 Stat. 140. Decisions Sec. Int., June 20, 1871 (1 Copp's L. O. 114) ; Nov. 6, 1878 (5 id. 165); Sept. 27, 1879 (6 id. 107); June 22, 1880 (7 id. 66). Decisions Com. G. L. O., July 11, 1871 ; March 27, 1875(2 Copp's L. O. 34); Aug. 6, 1875 (2 id. 99); Aug. 12, 1875 (2 id. 99); Oct. 18, 1876 (3 id. 114); May 28, 1877 (4 id. 57); Deo. 8, 1877. Cir. G. L.O., June 25, 1869 (Copp's L. L. 248); HOMESTEADS. 87 April 26, 1870 (id. 250) ; June 5, 1872 (id. 239) ; Jan. 8, 1878 (4 Copp's L. O. 107) ; May 25, 1880 (7 id. 52). General Cir., Sept. 1, 1879, p. 14. Sec. 228. In all cases where any person has contested, i^-^jJi^estZd^en- paid the land office fees, and procured the cancellation oftrf tobl\iiowe'd any homestead entry, he shall be notified by the register of ^'j^j^y ^ilauc^l the land office of the district in which such land is situated lation to make of such cancellation, and shall be allowed thirty days from '""'^^" date of such notice to enter such lands ; and the register shall be entitled to a fee of one dollar for giving such notice, to be paid by the contestant, and not to be reported. 21 Stat. 140, 141. Decision Sec. Int., June 20, 1871 (1 Copp's L. O. 114). Decisions Com. G. L. O., July 11, 1871; Maroli 27, 1875 (2 Copp's L. O. 34). Cir. G. L. O., April 26,1870 (Copp's L. L. 850); May 25, 1880 (7 Copp's L. O. 52). General Cir., Sept 1, 1879, p. 14. Sec. 229, No person shall be permitted to acquire title to Ximitation of more than one quarter-section under the provisions of this fOTl^esteal™ chapter. 12 Stat. 393; E.S. 2298. Decisions Sec. Int., Mav 19, 1874; Feb. 27, 1875 (2 Copp's L. 0. 18); Aug. 25, 1875 (2 id. 83); Feb. 6, 1876 (1 id. 179); April 4, 1876 (3 id. 21); Sept. 4, 1878. Decisions Com. G. L. O., May 15, 1874 (1 Copp's L.0.35); Sept. 26, 1874 (1 id. 99) ; June 12, 1876 (3 id. 69) ; Jan. 12, 1877 (4 id. 107) ; Dec. 5, 1878 (5 id. 147). Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151). General Cir. Sept. 1, 1879, p. 15. Sbo. 230. Nothing contained in this chapter shall be so Enatmg nre- construed as to impair or interfere in any manner with ex- ^t^iSi^ire^ '* isting pre-emption rights ; and all persons who may have filed their applications for a pre-emption right prior to the twentieth day of May, eighteen hundred and sixty-two, shall be entitled to all the privileges of this chapter. 12 Stat. 393 ; E. S. 2299. Decisions Sec. Int., June 19, 1872 ; Aug. 3, 1876 (3 Copp's L. O. 122) ; Sept. 16, 1879 (6 id. 108). Decisions Com. G. L. O., Feb. 5, 1873; Dec. 5, 1876 (3 Copp's L. O. 178). Cir. G.L.O. (Zab. L. L. 151). Sec. 231. No person who has served, or may hereafter what minors serve, for a period not less than fourteen days in the Army™?,^^^!^'^^ or Navy of the United States, either regular or volunteer, chapter, under the laws thereof, during the existence of any actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. 12 Stat. 393; E. S. 2300. Decisions Com. G. L. O., June 23, 1870 (7 Copp's L. O. 25); Sept. 26, 1874 (1 irf.99). Sec. 232. Nothing in this chapter shall be so construed Paymentbefore as to prevent any person who has availed himself of the yeai^f rights IS benefits of section two hundred and twelve, from paying applicant, the miaimum price for the quantity of land so entered, at any time before the expiration of the five years, and obtaining a patent therefor from the Government, as in other cases directed by law, on making proof of settlement and cultivation as provided by law, granting pre-emption rights. 12 Stat. 393 ; E. S. 2301. Perry v. Ashby, 5 Neb. 291. Decisions Sec. Int., Nov. 3, 1871 (Copp's L. L. 245) ; Aug. 25, 1875 (2 Copp's L. O. 83); June 1, 1874 (1 id. 35). Decisions Com. G. L. O., April 13, 88 HOMESTEADS. 1874 (Copp'a L. L. 229) ; April 19, 1874 (1 Copp's L. 0. 84) ; May 15,1874(1^.35): July 15, 1876 (3 id. 70); Jan. 12, 1877 (4 «f. 107) ; (6 id. 153). Cir. G. L. O., Oct. 30, 1862 (Zab. L. L. 147, 151). General Cir., Sept. 1, 1879, p. 15. No distinction Sec. 233. ISo distinction shall be made in the construo- o?STl^^'''^ tion or execution of this chapter, on account of race or color ; nor shall any mineral lands be liable to entry and settle- ment under its provisions. 14 Stat. 67 ; E. S. 2302. •wTiatiandsdia- Sec. 234. [All the puMic lands in the States of Alabama, llmLtida}^ ^Mississippi, Louisiana, Arkansas, and Florida, shall he dis- posed of in no other manner than according to the terms and stipulations contained in the preceding provisions of this chap- ter.— R. S. 2303.] Diaposition of Scction two thousaud three hundred and three of the Ee- smes" """^^ ^ised Statutes of the United States, confining the disposal of the public lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Florida to the provisions of the homestead law is hereby repealed: Provided, That the re- peal of said section shall not have the effect to impair the right, complete or inchoate, of any homestead settler, and no land occupied by such settler at the time this act shall take effect, shall be subject to entry, pre-emption, or sale : And provided. That the public lands affected by this section, shall be offered at public sale, as soon as practicable from time to time, and according to the provisions of existing law^ and shall not be subject to private entry until they are so offered. 14 Stat. 67 ; 19 id. 73, 377 ; E. S. 2303. Decisions Com. G. L. O. , June 12, 1877 (4 Copp's L. O. 50). Cir. G. L. O., July 19, 1876 (3 Copp's L. 0. 115). Soldiers' and Sec. 235. Every private soldier and ofilcer who has served Ite^'. ° ™ ^ ' in the Army of the IJuited States during the recent rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, including the teoops mustered into the service of the United States by virtue of the third section of an act approved February thirteen, eighteen hundred and sixty-two, and every seaman, marine, and officer who has served in the Navy of the United States, or in the Marine Corps, during the rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Government, shall, on compliance with the provisions of this chapter, as hereinafter modified, be entitled to enter ujjon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter-sec- tion, to be taken in compact form, according to legal sub- divisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after locating his homestead, and filing his declaratory state- ment, within which to make his entry and commence his settiement and improvement. 17 Stat. 333 ; E. S. 2304. Decisions Sec. Int., Aug. 25, 1874 (1 Copp's L. O. 99) ; Sept. 23, 1874 (1 id. 99) ; April 6, 1876 ; May 27, 1876 (3 Copp's L. 0. 53) ; Aug. 3, 1876 (3 id. 1-^2) ; Kov. 27, 1876 (3 id. 164): Jan. 9, 1877 (3 id. 164); ApiU 9, 1879; Jan. 3, 1880 (6 Copp's L. O. HOMESTEADS. 89 190). Decisions Com. G. L. 0., Fob. 5, lS/3; Nov. 10, 1873(Copp's L. L. 267); Jmi. 2, 1874 (I Copp's L. 0. 3) ; April 14, 1874 (1 id. 20); Aug. 4, 1874; Sept. 25, 1874 (Copp's L. L. 246); Oct. 27, 1874; Nov. 27. 1874 (1 Copp's L. O. 1(J3) ; Deo. 19, 1874 (Copp's L. L. 271) ; April 8, 1875 (2 Copp's L. O. 100) ; April 17, 1875 (2 id. 35) ; Juno 10, 1875 (3 id. 50) ; May 17, 1876 (3 id. 70) ; Jan. 29, 1877 ; July 25, 1877 (4 Copp's L. O. 107) ; Nov. 9, 1878 (5 id. 131) ; Deo. 2, 1878 (5 id. 147). Cir. G. L. 0., Aug. 9, 1870 (Copp's L. L. 273); June 13, 1872 (id. 263) ; May 17, 1873 (id. 273) ; Sept. 4, 1876 (3 Copp's E. O. 115) ; Jan. 8, 1878 (4 id. 1C7). General Cir., Sept. 1, 1879, p. 17. Euje 25, G. L. O. Kep. 1877, p. 101. Sec. 236. The time which the homestead settler has served ^ ii^^'f°\ °l in the Army, Navy, or Marine Corps shall be deducted from navai aervice the time heretofore required to perfect title, or if discharged ^™°' "™^' *"• on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore required to perfect title, without reference to the length of time he may have served ; but no patent shall issue to any homestead settler who has not re- sided upon, improved, and cultivated his homestead for a lieriod of at least one year after he shall have commenced his improvements. 17 Stat. 333; E. S. 2305. Decisions Sec. Int., Dec. 11, 1874 (1 Copp's L. 0. 148) ; April9, 1879; Jan. 3, 1880 (6Copp's L. 0. 190). Decis- ions Com. G. L. 0., April 14, 1874 (1 Copp's L. 0. 20) ; Aug. 22, 1874 (1 id. 84) ; Oct. 27, 1874 ; Dec. 4, 1877 (4 Copp's L. O. 140) ; Nov. 9, 1678 (5 id. 131). Cir. G. L. 0., Juno 13, 1872 (Copp's L. L. 263) ; July 15, 1872 (id. 275) ; Feb. 3, 1873 (id. 276). General Cir., Sept. 1, 1879, p. 17. Seo. 237. Every person entitled, under the provisions of Persona who section two hundred and thirty -iive, to enter a homestead than ™6o' Mre^ who may have heretofore entered, under the homesteadngiitsof' laws, a quantity of land less than one hundred and sixty acres, shall be permitted to enter so much land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres. 17 Stat. 333; E. S. 2306. Decisions Sec. Int., Dec. 5, 1872 (Copp's L. L. 277) ; Aug. 25, 1874 (1 Copp's L. 0. 99); Sept. 23, 1874 (1 id. 99) ; Feb. 27, 1875 (2 id. 18) ; Sept. 2:W875 (2 id. 100) ; April 4, 1876 (3 id. 21) ; May 8, 1870 (3 id. 21) ; Mly 17, 1876 (3 id. 22) ; May * 27, 1876 (3 id. 53) ; June 10, 1876 (3 id. 52) ; July 10, 1876 (3 id. 52) ; Nov. 27, 1876 (3 id. 164) ; Feb. 6, 1878 (4 id. 179) ; April 9, 1879 ; Sept. 18, 1879 (6 Copp's L. O. 106); Sept. 27, 1879 (6 id. 107); Jan. 3, 1880 (6 id. 190) ; March 30, 1880 (7 id. 67). Decisions Com. G. L. O., April 27, 1874 (1 Copp's L. O. 35) ; May 14, 1874 (1 id. 163) ; Oct 5, 1874 (1 id. 114); Oct. 27, 1874; Dec. 10, 1874 (1 Copp's L. 0. 163); June4, 1875(2id. 50); July 17, 1875 (2 lU 82); July 31, 1875; Sept. 27. 1875 (2 Copp's L. 0. 99) ; Nov. 9, 1878(5 id. 131) ; Deo. 2, 1878 (5 id. 147) ; Dec. 5, 1878 (5 id. 117) ; Aug. 18, 1879 (6 id. 106) ; June 4, 1880 (7 id. 87). Cir. G. L. O., June 13, 1872 (Copp's L. L. 263); Feb. 5, 1873 (id. 270) ; March 28, 1873 (id. 277) ; Nov. 3, 1873 (id. 278); Aug. 5, 1874 (id. 279); May 22, 1676 (3 Copp's L. O. 52); May 17, 1877 (Aid. 37); , 1878 (5 id. 118). General Cir., Sept. 1, 1879, p. 19; Sept. 1, 1879 (6 Copp's L. O. 106). Sec. 238. In case of the death of any person who would widow ana mi- be entitled to a homestead under the provisions of section person'^l^titied two hundred and thirty -five, his widow, if unmarried, ortohome8teamded, That any person having a valid claim to any portion ™ ■ of the land may object, in writing, to the issuance of a pat- ent to lands so held by him, stating the nature of his claim thereto ; and evidence' shall be taken, and the merits of said objection shall be determii:ed by theofacersof the land office, subject to appeal, as in other lai:d cases. Effect shall be given to the foregoing provisions of this act by regulations to be prescribed by the Commissio: er of the General Land Office. 17 Stat. 95; SOW. 89. E. 8.22:58. KcFarlaudr. Culbert8on,2Nev. 2S0;- Pecki). Brown, 5 id. 81. Cir. G. L. O., May 1, 1880 (7 Copp's L. 0. 2o). Cnttkgtimijer Sec. 262. After the passage of this act it shall be unlaw- ^ ^' ful to cut, or ciiuse or procure to be cut, or wantonly de- stroy, any timber growing on any lauds of the United States, in said States and Territory, or remove, or cause to bo re- moved, any timber from said public lands, wiih intent to ex- port or dispose of the same ; and no owner, master, or con- signee of any vessel, or owner, director, or agent of any rail- road, shall knowingly transport the same, or any lumber manufactured therefrom ; and any person violating the pro- visions of this section shall be guilty of a misdemeanor, and, Penalty. ou couvictiou, shall be fined for every such offense a sum not less than one hundred nor more than one thousand dol- Pro-riso, lars: Provided, That nothing herein contained sh;)ll pre- vent any miner or agriculturalist from clearing his la;!d in the ordinary working of his mining claim, or preparing his farm for tillage, or from taking the timber necessary to sup- port his improvements, or the taking of timber for the use of the United States; and the penalties herein provided shall not take effect until ninety days after the passage of this act. 20 Stat. 90. Cotton v. U. S., 11 How. 229. U. S.r. McEntee, U. S. Dist. Ct.Minn., Oct. 1877. Decision Com. G. L. 0., Dec. 11, 1878, (6 Copp's L. 0. 76). Cir. G. L. 0., Aug.1,5, 1878 (C Copp'sL. 0. 21) ; May 1, 1880 (7 id. 26). Certain prose- Sec. 263. Any persou prosecuted in said States and Ter- from"^' ^^ '* ritory for violating section two hundred and sixty-eight, who is not prosecuted for cutting timber for export from tbe United States, may be relieved from further prosecution and liability therefor upon payment, into the court wherein said action is pending, of the sum of two dollars and fttty cents per acre for all lands on which he shall have cul; or caused to be cut timber, or removed or caused to be re- Proviso. moved the same : Provided, That nothing contained in this section shall be construed as granting to the person hereby relieved the title to said lands for said payment; but he shall have the right to purchase the same upon the same terms and conditions as other persons, as provided herein- before in this act: And further provided, That all moneys collected under this act shall be co\eied into the Treasury of the United States. And section four thousand seven hun TIMBER AND TIMBER CULTURE. 99 dred and fifty-one of the Eevised Statutes is hereby repealed, so far as it relates to the States and Territory herein named. 30 Stat. 90, 91. U. S. u. Nelson, 5Saw. C. C. 68. Cir. G. L. O., Aug. 15, 1878 (6 Copp's L. 0. 21). Sec. 264. All acts and parts of acts inconsistent with the Eepeaia. provisions of the five preceding sections are repealed. 20 Stat. 90, 91. Sec. 265. The Secretary of the ISTavyis authorized, under j,^i^»a^^^a^ or otherwise the remaining five acres, and the fourth year to jjlant in timber, seeds, or cuttings the remaining five acres. All entries of less quantity than one quarter-section shall be plowed, planted, cultivated and planted to trees, tree-seeds, or cuttings, in the same man- ner and in the same proportion as hereinbefore provided for a quarter-section: Provided, Jiowever, That in case such Time extended trees, seeds, or cuttings shall be destroyed by grasshoppers, Ho?rby°gShSp or by extreme and unusual drouth for any year or term of persorlroutiL 104 TIMBEE AND TIMBEE -CULTUEE. years, the time for planting such trees, seeds, or cuttings shall be extended one year for every such year that they are so destroyed : Provided^ further, That the person making such entry shall, before he or she shall he entitled to such extension of time, file with the register and the receiver of the proper land office an affidavit, corroborated by two wit- nesses, setting forth the destruction of such trees, and that, in consequence of such destruction, he or she is compelled to ask an extension of time, in accordance with the provis- ions of this law. 20 Stat. 113, 114, 115. Decisions Sec. Int., May 17, 1876 (3 Copp's L. O. 38) ; Deo. 23, 1876 (3 id. 180) ; April 2, 1877 (4 id. 21) ; May 29„1878 (5 id. 87); Deo. 4, 1879 (6W. 153); April 30, 1880 {J id. 39); May 31, 1880 (7 id. 39). Decisions Com. G. L. O. , June 24, 1873 (Copp's L. L. 652) ; July 25, 1874 {id. 653 ; 1 Copp's L. 0. 92) ; Aug. 4, 1874 (Copp's L.L.654); Doc. 11,1874; Jan. 21, 1875 (1 Copp's L.0. 171); Feb. 11,1875 (Copp's L.L.654; 1 Copp's L. 0.181); June 28, 1875 (2 Copp's L. 0. 54) ; July 1, 1875 (fiid. 54) ; Sept. 27, 1875(2t,i.l00); Dec. 3, 1875 (2 id!. 133) ; July 6, 1876 (3 id. 72) j July 17, 1876 (3 id. 71) ; April 9, 1877 (4 id. 162) ; July 18, 1877 (4 id. 162) ; July 24, 1877 (4 id. 85) ; Jan. 24, 1879 ; May 18, 1880 (7 Copp's L. O. 39). Cir. G. L. O., April 6, il874 (Copp's L. L. 649 ; 1 Copp's L. O. 26). General Cir. G. L. O., Sept. 1, 1879, pp. 25, 27. Proof of ouiti- Sec. 278. No final certificate shall be given, or patent is- tuicato, aSd pat- sucd, for the land so entered until the expiration of eight ent. ' years from the date of such entry ; and if, at the expiration of such time, or at any time within five years thereafter, the person making such entry, or, if he or she be dead, his or her heirs or legal representatives, shall prove bj' two cred- ible witnesses that he or she or they have planted, and, for not less than eight years, have cultivated and protected such quantity and character of trees as aforesaid ; that not less than twenty -seven hundred trees were planted on each acre and Ihac at the time of making such proof that there shall be then growing at least six hundred and seventy-five liv- ing and thrifty trees to each acre, they shall receive a patent for such tract of land. 20 Stat. 113, 114, 115. Decisions Sec. Int., Deo. 23, 1876 (3 Copp's L. 0. 180); Nov. 14, 1877 (4 id. 134) ; Deo. 22, 1877 (5 id. 21): Sept. 17, 1878 (5 id. 119) ; April 30, 1880 (7 id. 39). Decisions Com. G. L. O., Juno 24, 1873 (Copp's L. L. 652) ; Feb. 11, 1875 (id. 654) ; March 11, 1875 {id. 655); March 23, 1875 {id. 656) ; June 28, 1875 (2 Copp's L. 0.54); July 1,1875 (2 id. 54); Sept. 2, 1875 (2 id. 117); Dec. 3, 1875 (2id. 134); MarohlO, 1877 (4id. 162); Jan. 8, 1878 (4 id. 167); May 18, 1880 (7 id. 39). Cir. 6. L. O., June 27, 1878 (5 Copp's L. 0*77). General Cir. G. L. O., Sept. 1, 1879, p. 24. Eight to be for- Sbc. 279. If at any time after the filing of said affidavit, to*cL°pi/irithan''P™r debts, any debt or debts contracted prior to the issuing of the final certificate therefor. 20 Stat. 113, 114, 115. Cir. G. L. 0., June 27, 1878 (5 Copp's L. O. 77). General Cir. G.L.O., Sept. 1, 1879, p.25. Sec!. 281. The Commissioner of the General Land OfQce is commiaaioner required to prepare and issue such rules and regulations, yoM.^'^^ reguia- consistent with this law, as shall be necessary and proper to carry its provisions into effect ; and the registers and re- Fees of regis- ceiversof the several land offices shall each be entitled to re- *^™ """^ reoeiv- ceive two dollars at the time of entry, and the like sum when the claim is finally established and the final certificate issued. 20 Stat. 113, 114, 115. Sec. 282. The fifth section of the act entitled "An act in raise oath con- addition to an act to punish crimes against the United «'"'^*«» peijury. States, and for other purposes", approved March third, eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits required or authorized by this act. 11 Stat. 250; 20 id. 113, 114, 115 ; E. S. 5392. Cir. G. L. O., June 27, 1878 (5 Copp's L. O. 77). General Cir. G.L-O., Sept. 1, 1879, p. 26. Sec. 283. Parties who have already made entries under Entries nnder the acts approved March third, eighteen hundred and sev- pe™Mtedy^ ^"^ enty-three, and March thirteenth, eighteen hundred and seventy-four, shall be permitted to complete the same upon full compliance with the provisions of this chapter ; that is, they shall, at the time of making their final proof, have had under cultivation, as required by this chapter, an amount of timber sufficient -to make the number of acres required by this chapter ; and all laws and parts of laws in conflict with the provisions of this chapter are hereby repealed. 17 Stat. 605; 18 id. 21; 20 id. 113, 114, 115. Decision Sec. Int., March 17, 1879 (6 Copp's L. O. 21.) Decisions Com. G. L. O., Feb. 14, 1879 (6 Copp's L. O. 22) ; April 1, 1879 (6 id. 126). Cir. G. L. O., June 27, 1878 (5 Copp's L. O. 77). General Cu-. G. L. O., Sept.l, 1879, p. 24. Sec. 284. Tlie notices of contest provided by law under pabUoation of the tree culture laws shall be printed in some newspaper '"'*^'**''^'='"'**^ printed in the county where the land in contest lies ;• and if no newspaper be printed in such countj'^, then in the news- paper printed in the county nearest to such land. 20 Stat. 91. Cir. G. L. 0., June 12, 1878 (5 Copp's L. O. 101); Sec. 285. When any timber-culture claimant shall file a ^ an da reiin- written relinquishment of his claim in the local land office, Ser-oTStnr/oiSS- the land covered by such claim shall be held as open to settle- ^"Ji, sji'jeot to ^ •*- entry at onoe. 106 TIMBER AND TIMBER CULTURE. ment and entry without further action on the part of the CommissioDcr of the General Land Office. Act of May 14, 1880. Decisions Com. G. L. 0., Nov. 5, 1875 (2 Copp's L. 0. 133) ; July 18, 1877 ; Aug. 18, 1877 (4 id. 85) ; Nov. 1, 1878 (5 id. 1471 : March 3. 1880. tb5)CT*^uitur°e ^^^' ^^^' ^^ ^^^ cases -where any person has contested, eutay'^aiiowea aopaid the land office fees, and procured the cancellation of ^flt ''f^'' ""*'?■ any timber-culture entry, he shall be notified by the register of cancellation to „ •^, , , . „„ n .■,'-,•,., • i • i i i t • -j. laake entry. of the laud ofScc of the district in which such land is sit- uated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands ; and the register shall be entitled to a fee of one dollar for the giving of such notice, to be paid bj^ the contestant, and not to be repoitcd. Act of Mav 14, 1880. Decisions Sec. Int., March 29, 1877 (3 Copp's L. 0. iil) ; May 2S, 1877 (3 id. 54). Note. — The following acts authorizing settlers upon the public lands under the pre-einiitioii, homestead, and timber-culture laws, whose crops were destroyed by grasshoppers, to absent themselves temporarily from their lauds, aud extending the time for making final proof, have been passed from time to time bv Congress, viz : 18 Stat. 81 ; 19 id. 54, 55, 59, 405; 20 id. 88, 169; act of June 4. 18^0. CHAPTER TEN TOWN SITES AND COUNTY SEATS. Sec. 287. Town sites to be reserved. 288. Eeservatious to be surveyed into lots. 289. Town or city sites on public lands. 290. When towns eHtablisbed upon unsur- Tcyed lands, extension limits, how adjusted. 291. "When transcript maps of town are not filed in twelve months, pro- ceedings by Secretary of Interior. 202. Where size of lots or town plat vary from general rule. 29;.i. Title to lots subject to mineral rights. 294. Entry of town authorities in trust for occupants. 29.5. Entry under preceding section, when to be made. 293. Entry in proportion to number of inhabitants. 297. Aullioritie« of Salt Lake City, rights of, as to entry. Sec. 298. Additional entry allowed ivherotowE has entered less than maximum. 299. Not more than 2,560 acres to be re- served for town site. ■ 300. Certain entries within town sites confirmed. 301. Where lown site exceeds maximum, authorities to select lauds to be retained, or Commissioner may take testimony andrestrictlimits. Cop- ies of acts incorporating towns, how furnished. 302. Certain acts of trustees to be void. 303. Pre-emptions by counties for seats Of j ustice. 304. No title acquired to gold mines, &o., or to mining claim, &c. 305. Military or other reservations, &c. 306. Inhabitants of towns on public lands, right of, to enter. Sec. 287. Tbe President is autliorized to reserve from tbe Town sites to public lands, whether surveyed or luisurvcyed, towu sites '^^ '■°^''"'®'^- oil the shores of harbors, at the junction of riv'eis, important portages, or any natural or prospective centers of popula- tion. 12 Stat. 754 ; 19 id. 392 ; E. S. 2380. Sec. 288. When, in the opinion of the President, the pub- ,,e^g^^*ed totS lie interests require it, it shall be the duty of the Secretary lou^""^^^* ™ of the Interior to cause any of such reservations, or part thereof, to be surveyed into urban or suburban lots of suit- able size, and to fix by appraisement of disinterested per- sons their cash value, and to oft'er the same for sale at pub- lic outcry to the highest bidder, aud thence af erward to be held subject to sale at private entry, according to such reg- ulations as the Secretary of the Interior may prescribe ; but no lot shall be disposed of at public sale or i)rivate entry for less than the appraised value thereof; and all such sales shall be conducted by the register and receiver of the land office in the district in which the leservations may be situ- ated, in accordance with the instructions of the Commis- sioner of the General Land Oflice. , 19 Stat. 754 ; E. S. 2381. Decision Sec. Int., Aug. 28, 1880 (8 Wash. Law Eep. 074). Sec. 289. In any case in which parties have already ^^^^ founded, or may hereafter desire to found, a city or town on laiida, tlje public lands, it may be lawful for them to cause to be filed with the recorder for the county in which the same is situated, a plat thereof, for not exceeding six hundred and 107 Town sites on or city public 108 TOWN SITES AND COUNTY SEATS. forty acres, describing its exterior boundaries according to the lines of the public surveys, where such surveys have been executed ; also giving the name of such city or town, and exhibiting the streets, squares, blocks, lots, and alleys, the size of the same, with measurements and area of each municipal subdivision, the lots in which shall each not ex- ceed four thousand two hundred square feet, with a state- ment of the extent and general character of the improve- ments ; such map and statement to be verified under oath by the party acting for and in behalf of the persons proposing to establish such city or town ; and within one month after such fllLng there shall be transmitted to the General Land Office a verified transcript of such map and statement, ac- companied by the testimony of two witnesses that such city or town has been established in good faith, and when the premises are within the limits of an organized land district, a similar map and statement shall be filed with the register and receiver, and at any time after the filing of such map, statement, and testimony in the General Land Of&ce it may be lawfcd for the President to cause the lots embraced within the limits of such city or town to be offered at public sale to the highest bidder, subject to a minimum of ten dollars tor each lot ; and such lots as may not be disposed of at public sale shall thereafter be liable to private entry at such minimum, or at such reasonable increase or diminution there- after as the Secretary of the Interior may order from time to time, after at least three months' notice, in view of the increase or decrease in the value of the municipal property. But any actual settler upon any one lot, as above provided, and upon any additional lot in which he may have substan- tial improvements shall be entitled to prove up and pur- chase the same as a pre-emption, at such minimum, at any time before the day fixed for the public sale. 13 Stat. 343; E. S. 23?e. Towsley v. Jolinson, 1 Neb. 95; Nevada V. Rhodes, 4 Nev. 312 ; Robinson v. Imperial Silver, &c., 5 id. 44; Bell V. The Bed Rock Tunnel Mining Co., 36 Cal. 214. Decision Com. G. L. 0., April 4, 1868 (Zab. L. L. 196). Cir. G. L. 0., Aug. 20, 1864 (Zab. h. L. 179; Copp's L. L. 661); Oct. 20, 1865 (Copp"s L. L. 678). WTien towns 63- Sec. 290. When such cities or towns are established upon ^™**r*veyedUiisurveyed lands, it may be lawful, after the extension lands, extension thereto of the public surveys, to adjust the extension limits jSted. ^"^ ^' of the premises according to those lines, where it can be done without interference with rights which may be vested by sale ; and patents for all lots so disposed of at public or private sale shall issue as in ordinary cases. 13 Stat. 344 ; E. S. 2383. wtentranscript Sec. 291. If within twclvc mouths from the establishment ^^aedtoweiveOf ^ city Or town on the public domain, the parties inter- months, proceed- ested refuse or fail to file in the General Land Office a tran- Slihe^inStt."^ script map, with the statement and testimony called for by the provisions of section two hundred and eighty-nine, it may be lawful for the Secretary of the Interior to cause a survey and plat to be made of such city or town, and thereafter the lots in the same shall be disposed of as required by such provisions, with this exception, that they TOWN SITES AND COUNTY SEATS. 10& shall ea«h be at an increase of fifty per centum on the min- imum of ten dollars per lot. 13 Stat. 344 ; E. S. 2384. Sec. 292. In the case of any city or town, in which the "wiiere ehe of lots may be variant as to size from the limitation fixed inTOry°from^Berai section two hundred and eighty -nine, and in which the rule, lots and buildings, as municipal improvements, cover an area greater than six hundred and forty acres, such vari- ance as to size of lots or excess in area shall prove no baa- to such city or town claim under the provisions of that sec- tion ; but the minimum price of each lot in such city or town, which may contain a greater number of square feet than the maximum named in that section, shall be increased to such reasonable amount as the Secretary of the Interior may by rule establish. 13 Stat. 530; E. S. 23S5. Cir. G. L. 0., April 26, 1865 (Zab. L. L. 1-^1 ; Copp's L. L. 664) ; Oct. 20, 1865 (Copp's L. L. 67o). Sec. 293. Where mineral veins are possessed, which pos- Title to lots sni*. session is recognized by local authority, and to the extent J?"^^*" mm«f»* so possessed and recognized, the title to town lots to be"^ acquired shall be subject to such recognized possession and the necessary use thereof ; but nothiug contained in this section shall be so construed as to recognize any color of title in possessors for mining purposes as against the United ^ States. 13 Stat. 530; E. S. 2386. Decision Sec. Int., Marcli 4, 1879 (6 Copp's L. O. 3). Decisions Com. G. L. 0., Jnne 16, 1874 (Copp's L.L. 698) ; Dec. 3, 1875 (2 Copp's L. 0. 150) ; Oct. 27, 1876 (3 id. 114); Nov. 23, 1876 (3 id. 131) ; April 9, 1877 (4 id. 46). Sec. 294. Whenever any portion of the public lands have Entry of tow» been or may be settled upon and occupied as a town site, t^^gt "for '"c^ not subject to entry under the agricultural pre-emption laws, pants, it is lawful, in case such town be incorporated, for the cor- porate authorities thereof, and, if not incorporated, for the judge of the county court for the county in which such town is situated, to enter at the proper land office, and at the minimum price, the land so settled and occupied in trust for the several use and benefit of the occupants thereof, accord- ing to their lespective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative author- ity of the State or Territory m which the same may be situated. 14 Stat. 541 ; 18 id. 254 ; R. S. 2387. Dredge v. Forsyth, 2 Black, 563; Hnasey v. Smith, 9 Otto, 20; Stringfellow ii. Cain, 9 id. 610; Camion v. Pratt, 9 id. 619. Root r. Shields, 1 Woolw. C. C. 340; Chopman v. School Dist. 1, 1 Deady, C. C. 108. Cush v. Spalding, 6 Mich. 193; Clark v. Boy, 20 Wis. 478; Perry n. Superior City, 26 id. 66 ; Leech v. Eanoh, 3 Minn. 448 ; Castner «. Gunther, 6 id. 63 ; Weisberger v. Tenney, 8 id. 456 ; Cathcart v. Kortmn, 11 id. 45; City of Winona v. Huff, 11 id. 119; Carson v. Smith, 12 (A 546; Coy«. Coy, 15 id. 119: Mankato v. Meaghte. 17 W. 265; Tecumseh To-vsnsite Lsasa, 3 Neb. 267 ; Bnrbank v. Ellia, 7 id. 156; Winfield Town Co, «. Morris, 11 Kansas, 128; Indepondent Town Co. V. De Long, 11 id. 152; Sherry v. Sampson, 11 id. 611 ; MoTag- gart V. Harrison, 12 id. 62 ; Setter v. Avery, 15 id, 157 ; Allen v. Houston, 21 id. 194; Treadway v. Wilder, 8 Nev. 91; Lecker*. 110 TOWN SITES AND COUNTY SEATS. Clitipiu, 12 id. G5 ; Hussey v. Smitli, 1 Utah, 129 ; Pratt v. Young, 1 id. 347 '; EdTvai-ds v. Traoey, 2 Montana, 49 ; Hall v. Ash by, 2 id. 489; Cotioldi). McOlellan, i Colo. 370; Clayton f. Spencer, -2 id. 378 ; Georgetown v. Glaze, 3 id. 230 ; Tucker r. McCoy, 3 id. 284 ; Adams v. Krinkley, 4 id. 247 ; Doll i: Meador, 16 Cal. 296 ; Ricks t'. Reed, 19 kl. 551. Decisions Sec. Int., Juno 30, 1858 (1 Lester's L. L. 435) ; Jiilv 9. 1858 (1 id. 435) ; Sept. 8, 1859 (1 id. 443) ; April 28, 1874 (1 Copp's L. 0. 42); June 8, 1875 (2 id. 85) ; June 5, 1876; (3 id. m) ; July 20, 1876 (3 id. 86) ; April 17, 1877 {i.id. 45) ; April 30, 187o; April 17, 1879. Decisions Com. G. L. 0.,0ct. 18, 1858 (1 Lester's L. L. 437) : June 29, 1874 (1 Copp's L. 0. 68) ; July 13, 1874 (1 id. 68). Cir. G. L. O., Sept. 21, 1868 (Copp's L. L. 678). Entry under Sec. 295. The entry of the land provided for in the pre- SonTwhfn to be Ceding sectiou shall be made, or a declaratory statement of ™a id. 67 ; 18 id. 254 ; B. S. 2393. DecisioQ Sec Int., March 4, 1879 (6 Copp's L. O. 3). Decisions Com. G. L. O., April 21, 1874 (1 Copp's L. 0, 19) ; June 16, 1874 (Copp's L. L. 698) ; Dec. 23, 1875 (2 Copp's L. O. 150) : Oct. 27, 1876 (3 id. 114) ; Nov. 23, 1876 (3 id. 131) ; April 9, 1877 (4 id. 46), Mmtaryororthe* Sec. 305. The provisions of this chapter shall not apply reservatioiia, &Q. ^ military Or Other reservations heretofore made by the United States, nor to reservations for light-houses, custom- houses, mints, or such other public purposes as the interests of the United States may require, whether held under reser- vations through the Land OfQce by title derived from the Crown of Spain, or otherwise. 14 Stat. 541; 19 id. 264; R. S. 2393. TOWN SITES AND COUNTY SEATS. 113 Seo. 306. The inhabitaiits of any town located on the pub. to^s^o'^ubUo lie lands may avail themselves, if the town authorities choose lands, right ot to to do so, of the provisions of sections two hundred and ninety' ®°***- four, two hundred and ninety-five, and two hundred and ninety- six ; and, in addition to the minimum price of the lands embracing any town site so entered, there shall be paid by the parties availing themselves of such provisions all costs of surveying and platting any such town site, and expenses incident thereto incurred by the United States, before any patent issues therefor; but nothing contained in the sections herein cited shall prevent the issuance of patents to persons who have made or may hereafter make entries, and elect to proceed under other laws relative to town sites in this chapter set forth. 15 Stat. 67 ; 18 id. 254 ; E. 8. 2394 Slo CHAPTER ELEVEN. BOUNTY-LAND WAERANTS AND SCRIP. Sec. 307. Bounty lands for soldiers in certain wars. 308. Certain classes of persons in the Mexi- can war, their widows, &o., en- titled to forty acres. 309. Militia and volunteers in service since 1812. 310. Persons not entitled under preceding sections. 311. Period of captivity added to actual service. 312. Warrant and patent to issue, when, 313. Widows of persons entitled. ■314. Additional bounty lands, &o. 315. Classes under last section specified. 316. What classes of persons entitled under section 314, without regard to length of service. 317. widows and children of persons en- titled under section 314. 318. Snhaeqnent marriage of widow. 319. Minors under section 317. 320. Proof of service. 321. Former evidence of right to honnty land to be received in certain cases. 322. Allowance of time of service, for dis- tance from home to place of muster or discharge, 323. Indians included, 324. Former evidence of right to a pension to be received in certain cases on application for bounty land. 325. Deserteis not entitled to bounty land, 326. Lost warrants, provisions for. 327. DJscharees; omissions and loss of, provided for. 328. New warrant issued in lieu of lost warrant. 329. Eegiilations of Secretary of Interior, 330. Death of claimant after establishing right, and before issuing of warant. 331. When proofs may be filed by legal representatives. Sec 332. Military bounty-land warrants and locations assignable, 333. Warrants located on donble-ininimum lands, excess paid in cash. 334. Claims for bounty lands in virtue of certain acts named. 335. Same subject. 336. Sales, mortgages, letters of attorney, &c., made before issue of warrant, to be void. 337. Warrants to be located free of expense by Commissioner of Land OfiSce, &c. 333. Mode of issuing patents to the heirs of persons entitled to bounty lands. 339. Eelocation of military bounty-laud warrants in cases of error. 340. Authorizing the issuance of Sioux half-breed scrip. 341. Certificates of location or scrip to issue in satisfaction of confirmed private land claims which cannot be lo- cated. 343. Issuance and location of judicial scrip in lien of confirmed private land claims. 343. Patent to issue on scrip locations. 344. Porterfield scrip, how located. 345. Valentine scrip, how located. 346. Coles scrip, how issued and located. 347. Chippewa half-breed scrip, Red Lake and Pembina bands. 348. Chippewa half-breed scrip. Lake Su- perior bands. 349. Certain lands located in good faith by claims arising under treaty of Sept. 30, 1854, may be purchased, &c. 850. Scrip to be issued in lieu of revolu- tionary bounty-land warrants. 351. Scrip to be issued in Ueu of Virginia bounty-land warrants". Bounty lands Sbc. 307. Each of the Surviving, or the widow or minor teto'rorr"''*'^ children of deceased commissioned and non-coramissioned officers, musicians, or privates, whether of regulars, volun- teers, rangers, or militia, who performed military service in any regiment, company, or detachment, in the service of the United States, in the war with Great Britain, declared on the eighteenth day of June, eighteen hundred and twelve, or in any of the Indian wars since seventeen hundred and ninety, and prior to the third of March, eighteen hundred and fifty, and each of the commissioned ^cers who was 114 BOCIN'TY-LAND WAEEANTS AND SCRIP. 115 engaged in the military service of the Ui ited States in the war with Mexico, shall be entitled to lands as follows: Those who engaged to serve twelve months or during the war, and actaally served nine months, shall receive one hundred and sixty acres, and those who engaged to serve six months, and actually served four months, shall receive eighty acres, and those who engaged to serve for any or an indefinite period, and actually served one month, shall re- ceive forty acres ; but wherever any ofiicer or soldier was honorably discharged in consequence of disability contracted in the service, before the expiration of his period of service, he shall receive the amount to which he would have been entitled if he had served the full period for which he had engaged to serve. All the persons enumerated in this sec- tion who enlisted in the Eegular Army, or were mustered in any volunteer company for a period of not less than twelve months, and who served in the war with Mexico and received an honorable discharge, or who were killed or died of wounds received or sickness incurred in the course of such service, or were discharged before the expiration of the term of service in consequence of wounds received or sickness incurred in the course of such service, shall be entitled to receive a certificate or warrant for one hundred and sixty acres of land : or at option Treasury scrip for one hundred dollars bearing interest at six per cent, per an- num, payable semi-annually, at the pleasure of the Govern- ment. In the event of the death of any one of the persons mentioned in this section during service, or after his dis- charge, and before the issuing of a certificate or warrant, the warrant or scrip shall be issued in favor of his family or relatives ; first, to the widow and his children ; second, his father ; third, his mother ; fourth, his brothers and sisters. 9 Stat. 125, 126, 520 ; E. S. 2418. 2 Op. Att. Gen. 501, 506 ; 3 id. 382 ; 5 id. 387, 609, 702; ^ id. 427. People v. Auditor, 9 Mich. 134; Matthews v. Eeotor, 24 Ohio St. 439. Cir. G. L. O., June 3, 1847 (1 Lester's L. L. 576); Oct. 1, 1847 {lid. 578); April 1, 1848 {lid. 579) ; Aug. 28, 1848 (1 id. 580) ; March 31, 1851 (1 id. 581) ; March 31, 1851 (1 id. 583) ; April 4, 1851 (1 id. 584). Cir. Com. Pensions, 1879. Sec. 308. The persons enumerated in the preceding sec- certain classes tion received into service after the commencement of the Melioln°^4°a^r° war with Mexico, for less than twelve months, and who their widows', served such term, or were honorably discharged, are enti- ^^'y Icres.*^'^ '" tied to receive a certificate or warrant for forty acres, or scrip for twenty-five dollars if preferred^ and in the event of the death of such person during service, or after honor- able discharge before the eleventh of February, eighteen hundred and forty-seven, the warrant or scrip shall issue to the wife, child, or children, if there be any, and if none, to the father, and if no father, to the mother of such soldier. 9 Stat. 126; E. S. 2419. 2 Op. Att. Gen. 501. Cir. G. L. O., June 3, 1847 (1 Lester's L. L. 576) ; March 31, 1851 (lid. 581}. Cii. Com. Pensions, 1879. Sec. 309. Where the militia, or volunteers, .or State troops Miutia and voi- of any State or Territory, subsequent to the eighteenth day ^?*^^|™s«rvi'=6 of June, eighteen hundred and twelve, and prior to March twenty second, eighteen hundred and fifty-two, were called into service, the officers and soldiers thereof shall be entitled 116 BOUNTY-LAND WARRANTS AND SCRIP. to all the benefits of section three hundred and seven upon proof of leh^h of service as therein required. 10 Stat. 4 ; E. S. 2420. 2 Op. Att. Gen. 501. Persons not en- Sec. 310. No person shall take any benefit under the pro- ^g'S^tkins.^ visions of the three preceding sections, if he has received, or is entitled to receive, any military land-bounty under any act of Congress passed prior to the twenty-second March, eighteen hundred and fifty-two. 9 Stat. 520 ; E. S. 2421. Decisions Sec. Int., April 12, 1855 (1 Les- ter's L. L. 614). Period of oap. Sbc. 311. The period during which any officer or soldier m?^i^it!^*" remained in captivity with the enemy shall be estimated and added to the period of his actual service, and the per- son so retained in captivity shall receive land under the provisions of sections three hundred and seven and three hundred and nine, in the same manner that he would be entitled in case he had entered the service for the whole term made up Isy the addition of the time of his captivity, and had served during such term. 9 Stat. 520; E. S. 2422. Warrant and Sec. 312. Every pcrsoii for whom provision is made by wS* '" '^'*^' sections three hundred and seven and three hundred and nine shall receive a warrant from the Department of the Interior for the quantity of land to which he is entitled ; and, upon the return of such warrant, with evidence of the location thereof having been legally made to the General Land Office, a patent shall be issued therefor. 9 Stat. 520; E. S.2423. Wirth v. Branson, 8 Otto, 118. 2 Op. Att. Gen. 501 ; 5 i(l. 387, 657, 702. Galup v. Armstrong, 22 Cal. 480; Callaway v. Fash, 50 Mo. 420; Fisher t). Wisner, 34 Iowa, 447; Eailway Co. v. Clingman, 43 id. 306 ; Scott v. Chickasaw Co., 46 id. 253 ; Calder v. Keegan, 30 Wis. 126 ; Ausley v. Petenon, 30.id. 653 ; Merrill v. HartweU, 11 Mich. 200 ; Johnson v. GilfiUan, 8 Minn. 395 ; BriU v. Styles, 35 Ills. 305. Cir. G. L. O., March 31, 1851 (1 Lester's L. L. 581). Cir. Com. Pensions, 1879. Widows of per- Sec. 313. In the event of the death of any person, for sonsentiUed. ^jjom provision is made by sections three hundred and seven and three hundred and nine, and who did not receive bounty land for his services, a like warrant shall issue in favor of his widow, who shall be entitled to one hundred and sixty acres of land in case her husband was killed in battle ; nor shall a subsequent marriage impair the right of any widow to such warrant, if she be a widow at the time of making her application. 9 Stat. 520 ; E. S. 2424. 2 Op. Att. Gen. 501, 506. Additional Sec. 314. Each of the surviving persons specified in the bounty n s, . ^j^gggg enumerated in the following section, who has served for a period of not less than fourteen days, in any of the wars in which the United States have been engaged since the year seventeen hundred and ninety, and. prior to the third day of March, eighteen hundred and fifty-fivej shall be entitled to receive a warrant from the Department of the Interior, for one hundred and sixty acres of land ; and, where any person so entitled has, prior to the third day of March, eighteen hundred and fifty -five, received a warrant for any BOUNTY-LAND VAREANTS AND SCEIP. 117 number of acres less than one hundred and sixty, he shall be allowed a warrant for such quantity of land only as wiU make, in the whole, with what he may have received prior to that date, one hundred and sixty acres. 10 Stat. 701, 702 ; E. S. 2425. 2 Op. Att. Gen. 501 ; 5 id. 387, 609. 702. Decisions Com. G. L. O., May 3, 1855 (1 Lester's L.L.598). Cir. G. L. O., July 20, 1875 (Copp's L. L. 727) ; March 15. 1879 (6 Copp's L. 0. 192). General Cir. G. L. O., 1879, pp. 6, 7. Cir. Com. Pensions, 1879. Sec. 315. The classes of persons embraced as benefi- ^^'f**^'"*? claries under the preceding section, are as follows, namely : ^.°*"' "^^ First. Commissioned and non-commissioned ofi&cers, mu- sicians, and privates, whether of the regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States. Second. Commissioned and non-commissioned officers, seamen, ordinary seamen, flotnia-men, marines, clerks, and landsmen in the Kavy. Third. Militia, volunteers, and State troops of any State or Territory, called into military service, and regularly mus- tered therein, and whose services have been paid by the United States. Fourth. Wagon-masters and teamsters who have been employed under the direction of competent authority, in time of war, in the transportation of military stores and supplies. Fifth. Officers and soldiers of the revolutionary war, and marines, seamen, and other persons in the naval service of the United States during that war. Sixth. Chaplains who served with the Army. Seventh. Volunteers who served with the armed forces of the United States in any of the wars mentioned, subject to military orders, whether regularly mustered into the service of the United States or not, 10 Stat. 701 ; 11 id. 8, 9 ; E. S. 2426. 2 Op. Att. Gon. 501. Sec. 316. The following class of persons are included as what ciassea beneficiaries under section three hundred and fourteen, with- tiueif mde/BeoI out regard to the length of service rendered : re "rd^VienSh First. Any of the classes of persons mentioned in section of wrvioe. ™ three hundred and fifteen who have been actually engaged in any battle in anj- of the wars in which this country has been engaged since seventeen hundred and ninety,, and prior to March third, eighteen hundred and fifty-five. Second. Those volunteers who served at the invasion of Plattsburgh in SeiJtember, eighteen hundred and fourteen. Third. The volunteers who served at the battle of King's Mountain, in the Eevolutionary war. Fourth. The volunteers who served in the battle of Nickojack against the confederate savages of the South. Fifth. The volunteers who served at the attack on Lewis- town, in Delaware, by the British fleet, in the war of eight- een hundred and twelve. 10 Stat. 702; E. S. 2427. 2 Op. Att. Gen. SOL Sec. 317, lii the event of the death of any person who widows and would be entitled to a warrant, as provided in section three "™*™".,?£,p«'- hundred and fourteen, leavmg a widow, or, if no widow, a aei miction su. 118 BOUNTY-LAND WAEEANTS AND SCEIP. minor child, such widow or such minor child shall receive a, warrant for the same quantity of land that the decedent would he entitled to receive, if living on the third day of March, eighteen hundred and fifty-five. 10 Stat. 702; E. S. 2428. 2 Op. Att. Gen. 501, 506. Subseqaeiit Sec. 318. A Subsequent marriage shall not impair the nurri.-»ge of md- j,}gj^j. ^^ ^^^ widow. Under the preceding section, if she be a widow at the time of her application. 10 Stat. 702; E. S. 2429. Minora nnder Seo. 319. Pcrsous withui the age of twenty-one years on section 317. ^^ ^^^^^ ^^^ ^^ March, eighteen hundred and fifty-five, shall be considered minors within the intent of section three hundred and seventeen. 10 Stat. 702; E.S.2430. Proofofservice. Sec. 320. Where no record evidence of the service for which a warrant is claimed exists, parol evidence may be admitted to prove the service performed, under such regu- lations as the Commissioner of Pensions may prescribe. 10 Stat. 702; 11 id. 8 ; E. S. 2431. FormeY evi- Sec. 321. Where Certificate Or a Warrant for bouuty land boS^tyLSftobefor any less quantity than one hundred and sixty acres S'ra* ™ '^''"harS been issued to any oflScer or soldier, or to the widow or am cases. minor Child of any of&cer or soldier, the evidence upon which such certificate or warrant was issued shall be re- ceived to establish the service of such ofiicer or soldier in the application of himself, or of his widow or minor child, for a warrant for so much land as may be required to make up the fuU sum of one huntked and sixty acres, to which he may be entitled under the ijreceding section, on proof of the identity of such officer or soldier, or, in case of his death, of the marriage and identity of his widow, or, in case of her death, of the identity of his minor child. But if, upon a review of such evidence, the Commissioner of Pensions is not satisfied that the former warrant was properly granted, he may require additional evidence, .as well of the term as of the fact of service. 11 Stat. 8; E. S. 2432. 2 Op. Att. Gen. 501. AUowanoe of Sec. 322. When any company, battalion, or regiment, in disTanoe'&om ^° Organized form, marched more than twenty miles to the home to place of place where they were mustered into the service of the T^xie. °^ *" United States, or were discharged more than twenty miles from the place where such company, battalion, or regiment was organized, in all subh cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, there shall be allowed one day for every twenty mUes from the place where the company, battalion, or regiment was organized to the place where the same was mustered into the service of the United States, and one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter the service, . provided that such march was in obedience to the command or direction of the President, or Ic diana in- cluded. BOUNTY-LAND WAREANTS AND SCRIP. 119 some general officer of the TJmted States, commanding an army or department, or the chief executive officer of the State or Territory by which such company, battalion, or regiment was called into service. 10 Stat. 4; Hid. 9; R. S. 2433. Sec. 323. The provisions of all the bounty-land laws shaU be extended to Indians, in the same manner and to the same extent as to white persons. 10 Stat. 702; E. S. 2434. 2 Op. Att. Gen. 501; 3 id. 382. Cir. G. L. O., May 3, 1855 (1 Lester's L. L. 598). Cir. Com. Pensions, 1879. Sec. 324. Where a pension has been granted to any officer Former ev;- or soldier, the evidence upon which such pension was f™en8'ii" to*ba granted shall be received to establish the service of such t^^'j^^gg^jj"^"^" officer or soldier in his application for bounty land; andp'uo'atioii'/or upon proof of his identity as such pensioner, a warrant may bounty land. be issued to him for the quantity of land to which he is entitled ; and in case of the death of such pensioned officer or soldier, his widow shall be entitled to a warrant for the same quantity of land to which her husband would have been entitled, if living, upon proof that she is such widow ; and in case of the death of such officer or soldier, leaving a minor child and no widow, or where the widow may have deceased before the issuing of any warrant, such minor child shall be entitled to a warrant for the same quantity of land as the father would have been entitled to receive if living, upon proof of the decease of father and mother. But if^ upon a review of such evidence, the Commissioner of Pensions is not satisfied that the pension was properly granted, he may require additional evidence, as well of the term as of the fact of service. 11 Stat. 8 ; E. S. 2435. Sec. 325. ISo person who has been in the military service enwti^^uSw of the United States shall, in any case, receive a bounty- Sii. ™ land warrant if it appears by the muster rolls of his regi- ment or corps that he deserted or was dishonorably dis- charged from service. 9 Stat. 520; 10 id, 701; E. S. 2438. Cir. Com. Pensions, 18/9.- Sec. 326. When a soldier of the Eegular Army, who has j^^^ &?'*'' obtained a military land- warrant, loses the same, or such ^™^ warrant is destroyed by accident, he shall, upon proof thereof to the satisfaction of the Secretary of the Interior, be entitled to a patent in like manner as if the warrant was produced- 3 Stat. 317 ; E. S. 2439. 2 Op. Att. Gen. 506 ; 3 id. 382. Sec. 327. In all cases of discharge from the military serv- DisohargeB; ice of the United States of any soldier of the Eegular Army, fo'^^'oV^provid'ed when it appears to the satisfaction of the Secretary of War &i. that a certificate of faithful services has beeq. omitted by the neglect of the discharging officer, by misconstruction of the law, or by any other neglect or casualty, such omission shall not prevent the issuing of the warrant and patent as in other cases. And when it is proved that any soldier of the Eeg- ular Army has lost his discharge and certificate of faithful service, the Secretary of War shall, cause such papers to be 120 BOTTNTY-LAiro "WAEEANTS AND SCRIP. fiimished such soldier as will entitle him to his land Xvarrant and patent, provided such measure is justified by the time of his enlistment, the period of service, and the report of some officer of the corps to whifih he was attached. 3 Stat. 317; E. S. 2440. isra^\>^^?^ ®-^^* ^^^' Whenever it appears that any certificate or K warrant" Warrant, issued in pursuance of any law granting bounty land, has been lost or destroyed, whether the same has been sold and assigned by the warrantee or not, the Secretary of the Interior is required to cause a new certificate or war- rant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned, located, and patented in like manner as other certificates or warrants for bounty land are now authorized bylaw to be assigned, located, and patented; and in all cases where warrants have been, or may be, reissued, the original warrant, in whose ever hands it may be, shall be deemed and held to be null and void, and the assignment thereof, if any there be, fraudulent ; and no patent shall ever issue for any land located there- with, unless such presumption of fraud in the assignment be removed by due proof that the same was executed by the warrantee in good faith and for a valuable consideration. 12 Stat. 90 ; 18 id. Ill ; E. S. 2441. 2 Op. Att. Gen. 506 ; 3 id. 382. Decisions Sec. Int., Nov. 10, 1851 (1 Lester's L. L. 612); July 26, 1879 (6 Copp'B L. O. 114). Decision Com. G. L. O., Oct. 12, 1854 (1 Lester's L. L. 610). Cir. G. L. O., July 20, 1875 (Copp's L. L. 72?). Cir. Com. Pensions, Aug. 15, 1860 (Zab. L. L. 727) and 1879. s ^ ta^^rf*:^ ^^^' '^^^ Secretary of the Interior is required to pre- teSr. ' scribe such regulations for carrying the preceding section into effect as he may deem necessary and proper in order to protect the Government against imposition and fraud by persons claiming the benefit thereof; and all laws and parts of laws for the punishment of frauds against the United States are made applicable to frauds under that section. 12 Stat. 91 ; 18 id. Ill ; E. 8. 2442. Cirf Com. Pensions, Aug. 15, 1860 (Zab. L. L. 360). Death of claim- Sec. 330. When proof has been or hereafter is filed in the ushtog'right m'S Pension Office, during the life-time of a claimant, establish- ^eto^issning of ing, to the satisfaction of that office, his right to a warrant warran . ^^^ military services, and such warrant has not been, or may not be, issued until after the death of the claimant, and all such warrants as have been heretofore issued subsequent to the death of the claimant, the title to such warrants shall vest in his widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant ; and all military bounty-land warrants issued pursuant to law shall be treated as personal chattels, and may be conveyed by assignment of such widow, heirs, or legatees, or by the legal represent- atives of the deceased claimant, for the use of such heirs or legatees only. - 11 Stat. 308 ; E. S. 2444. 2 Op. Att. Gen. 506 ; 9 id. 243. Cir. G. L. O., Nov. 1, 1858 (1 Lester's L. L. 607). Cir. Com. Pensions, 1879. When proofs Sec. 331. The legal representatives of a deccascd claimant Sgli repSS^ntSfor a bounty-land warrant, whose claim was filed prior to his Uvea. death, may file the proofs necessary to perfect such claim. 15 Stat. 336; E. S. 2445. BOUNTY-LAND WARRANTS AND SCRIP. 121 Sec. 332. All warrants for military bonnty-lands which MuitaryVmnty. have been or may hereafter be issued under any law of the^n" focatioS^ United States, and all valid locations of the same which sigriaMe. have been or may hereafter be made, are declared to be as- signable by deed or instrument of writing, made and exe- cuted according to such form and pursuant to such regula- tions as may be prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owner of the warrant or location. 10 Stat. 3 ; 11 id. 309 ; R. S. 2414. 2 Op. Att. Gen. 506 ; 3 id. 382; 7 id. 657. Dyte v. McVey, 16 Ills. 41; Fort «. Wilson, 3 Iowa, 153; Waters v. Bush, 42 id. 255 ; Railway Co. v. Clingman, 43 id. 306 ; Merrill v. Hartwell, 11 Mich. 200 ; Johnson t-. GilfiUan, 8 Minn. 395. Decisions Sec. Int., Nov. 10, 1851 (1 Lester's L. L. 612): March 20, 1852 (1 id. 612) ; March 16, 1854 (1 id. 614) ; May 21, 1856 (1 id. 616) ; Aug. 10, 1858 (1 id. 619) ; March 25, 1859 (1 id. 620) ; Jan. 19, 1860 (1 id. 621) ; Sept. 30, 1878 (5 Copp's L. 0. 127). Cir. G. L. O., March 23, 1852 (1 Lester's L. L. 585) ; April 2, 1852 (1 id. 589) ; Oct. 14, 1852 (1 id. 591) ; Oct. 17, 1853 (Zab. L. L. 332) ; May 3, 1855 (1 id. 343) ; Aug. 27. 1861 (1 id. 363) ; May 23, 1856 (1 id. 358) ; July 20, 1875 (5 Copp's L. O. 127). Sec. 333. The warrants which have been or may hereaf- warrants ic ter be issued in pursuance of law may be located according ^^^''^a^ to the legal subdivisions of the public lands in one body excess paid ul upon any lands Qf the United States subject to private en- '^^' try at the time of such location at the minimum price. When such warrant is located on lands which are subject to entry at a greater minimum than one dollar and twenty-five cents per acre, the locator shall pay to the United States in cash the difference between the value of such warrants at one dollar and twenty-five cents per- acre and the tract of land located on. But where such tract is rated at one dol- lar and twenty-five cents per acre, and does not exceed the area specified in the warrant, it must be taken in full satis- faction thereof. 10 Stat. 3; R. S. 2415. Taylor et al. v. Quarles, 5 Cranch, 234; Wirth V. Branson, 8 Otto, 118. 5 Op. Att. Gen. 609. Butterfield V. Railway Co., 31 Cal. 264. Decisions Sec. Int., Nov. 10, 1851 (1 Lester's L. L. 612) ; May 20, 1852 (1 id. 612) ; March 19, 1856 (1 id. 615) ; Jan. 21, 1860 (1 id. 622) ; Jan. 20, 1875 (Copp's L. L. 727) ; Feb. 19, 1874 (1 id. 740) ; March 11, 1876 (3 Copp's L. 0. 10) ; Aug. 11, 1876 (1 id. 86) ; Oct. 5, 1876 (1 id. 121). Decisions Com. G. L. O., March 23, 1852 (1 Lester's L. L. 585) ; April 2, 1852 (lid. 589); Oct. 17, 1853 (1 id. 592) ; May 3, 1855 (1 id. 598) ; May 23, 1856 (1 id. 607). Decisions Com. G. L. O., June 17, 1875 (Copp's L. L. 179; 2 Copp's L. O. 68). . Cir. G. L. O., Sept. 1, 1879, pp. 6, 7 ; Aug. 2, 1871. Sec. 334. In all cases of warrants for bounty lauds, issued c la im s f o i by virtue of an act approved July twenty-seven, one thou- ^^tae'^of'^ata sand eight hundred and forty-two, and of two acts approved ^"^naSiedT&o™ January twenty-seven, one thousand eight hundred and thirty-five, therein and thereby revised, and of two acts to the same intent, respectively, approved June twenty-six, eighteen hundred and forty-eight, and February eight, eight- een hundred and fifty -four, for military services in the revo- lutionary war, or in the war of eighteen hundred and twelve with Great Britain, which remained unsatisfied on the second day of July, eighteen hundred and sixty-four, it is lawful for the person in whose name such warrant issued, his heirs 01 legal representatives, to enter in quarter-sections, at the 122 BOimXY-LAND WAERANTS AND SCEIP. proper local land office in any of tue States or Territories, .the quantity of the public lands subject to private entry which he is entitled to under such warrant. 13 Stat. 378; R. S- 2410. Wirth v. Branson, 8 Otto, 118. Samesmyect. Sbc. 335. All Warrants for bounty lands referred to in the preceding section may be located at any time, in con- formity with the general laws in force at the time of such location. 13 Stat. 379; E. S. 2417. Sales, mort- Sbc. 336. All salcs, mortgages, letters of attorney, or other ftforn^o^" 0°^ instruments of writing, going to affect the title or claim to made before issue any Warrant issucd, or to be issued, or any land granted, or of wanant *« •» to be granted, under the preceding provisions of this chap- ter, made or executed prior to the issue of such warrant, shall be nuU and void to aU intents and purposes whatso- ever ; nor shaU such warrant, or the land obtained thereby, be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by any officer or soldier, prior to the issuing of the patent. 9 Stat. 521 ; E. S. 2436. Wright v. Taylor, 2 Dillon, C. C. 23. 2 Op. Att. Gen. 506; 3 id. 382. Dnpr6 v. McEiglit, 6 La. Ann. 146; Nich- ols V. Nichols, 3 Pinney (Wia.) 174 ; same case, 3 Chandler (Wis.) 189; Stephenson v. Wilson, 37 id: 482; Fort v. WUson, 3 Iowa 153; Eailway Co. v. Clingman, 43 id. 306. Decisions Sec. Int., April 17, 1871 (1 Lester's L. L. 611). Cix. G. L. 0., Aug. 2, 1871 ; July 20, 1875 (Copp's L. L. 727). Warrants to be Sec. 337. It Shall be the duty of the Commissioner of the pe^Me^bTc^om- General Land Office, under such regulations as may be pre- mgsioi^ofLaiuJ scribcd by the Secretary of the Interior, to cause to be "^ located, free of expense, any warrant which the holder may transmit to the General Land Office for that purpose, in such State or land district as the holder or warrantee may desig- nate, and upon good farming land, so far as the same can be as- certained from the maps, plats, and field-notes of the surveyor, or from any other information in the possession of the local office, and, upon the location being made, the Secretary shall cause a patent to be transmitted to such warrantee or holder. 9 Stat. 521 ; E. S. 2437. Wirth v. Branson, 8 Otto, 118. 3 Op. Att Gen. 501. Decisions Sec. Int., Feb. 19, 1858 (1 Lester's L. L. 617) ; March 1, 1876 (3 Copp's L. 0. 10). DEcision Com. G. L. O., July 20, 1875 (Copp's L. L. 727). Cir. G. L. O., March 31, 1851 (1 Let- ter's L. L. 581, 583) ; April 4, 1851 (1 id. 584). Mode of issuing Sec. 338. lu all cascs whcro an officer or soldier of the Elfcs* of 'pSsonl revolutionary war, or a soldier of the war of eighteen hun- entitiedtobonnty drcd and twelve, was entitled tO' bounty land, has died be- '^'^°' fore obtaining a patent for the land, and where application is made by a part only of the heirs of such deceased officer or soldier for such bounty land, it shall be the duty of the Secretary of the Interior to issue the patent in the name of the heirs of such deceased officer or soldier, without specify- ing each; and the patent so issued in the name of the heirs generally, shall inure to the benefit of the whole, in such portions as they are severally entitled to by the laws of de- scent in the State or Territory where the officer or soldier belonged at the time of his death. 5 Stat. 650; E. S. 2443. BOUNTY-LAND WAEEANTS AND SCRIP. 123 Sec. 339. Where an actual settler on the public lands has mmtoS^bomity' sought, or hereafter attempts, to locate the land settled on Sni warrants m and improved by him, with a military bounty-land warrant, oases of error. and where, from any cause, an error has occurred in making such location, he is authorized to relinquish the land so er- roneously located, and to locate such warrant upon the land so settled upon and improved by him, if the same then be vacant, and if not, upon any other vaSant land, on making proof of those facts to the satisfaction of the land oflcers, according to such rules and regulations as may be pre- scribed by the Commissioner of the General Land Office, and subject to his final adjudication. 10 Stat. 256; K. S. 2446. U. S. v. Innerarity, 19 Wall. 595; Wirth V. Branson, 8 Otto, 118; Scull d. U. S., 8 id. 410; U. S. ». Clamop- gan, Danterive v. U. S., S. C, Oct. T. 1879, in manuscript. 2 Op. Att. Gen. 501. Cir. G.L.O., April 20, 1853(1 Lester's L. L. 590). Sec. 340. The President is authorized to exchange with Authorizing the the half-breeds or mixed bloods of the Dacotah or Sioux na- S^^^^eori^ tion of Indians, who are entitled to an interest therein, for the tract of land lying on the west side of Lake Pepin and the Mississippi Eiver, Minnesota, which was set apart and granted for their use and benefit, by the ninth article of the treaty of Prairie du Ohien, of the fifteenth day of July, one thousand eight hundred and thirty; and for that pur- pose he is authorized to cause to be issued to said per- sons, on the execution by them, or by the legal representar tives of such as may be minors, of a full and complete relin- quishment by them to the United States of all their right, title, and interest, according to such form as shall be pre- scribed by the Commissioner of the General Land Office, in and to said tract of land or reservation,, certificates or scrip for the same amount of land to which each individual would be entitled in case of a division of the said grant or reserva- tion iDro rata among the claimants — which said certificates or scrip may be located upon any of the lands within said reservation not now occupied Jpy actual and bona-fide set- tlers of the half-breeds or mixed bloods, or suclj, other per- sons as have gone into said Territory by authority of law, or upon any other unoccupied lands subject to pre-emption or private sale, or upon any other unsurveyed lands, not reserved by Government, upon which they have respec1> ively made improvements : Provided, That said certificate^ Proviso, or scrip shall not embrace more than six hundred and forty, nor less than forty acres each: And provided, That the same shaU be equally ai:)portioned, as nearly as practicable, among those entitled to an interest in said reservation : And pro- vided further, That no transfer or conveyance of any of said certificates or scrip shall be vaUd. 10 Stat. 304. 2 Op. Att. Gen. 506 ; 3 iA. 382. Sharon v. Wooldrick, 18 Minn. 354 ; Thompson -o. Myriok, 20 iS,. 205. Decisions Sec. Int. , May 24, 1859 (1 Lester's L. L. 634) ; July 18, 1859 (1 id!. 499) ; May 25, 1871 (Copp's L. L. 444) ; Sept. 27, 1872 (Copp's L. L. 373). Cir. G. L. O., March 21, 1857 (1 Lester's L. L. 627) ; Feb. 22, 1864 (Zab. L.L.310; Copp'a L. L.721; 1 Copp's L. 0.142); Jan. 29, 1872 (Copp's L.L. 723); June 26, 1874 (Copp's L. L. 724; 1 Copp's L.O. 54) ; Nov. 12, 1874 (Copp's L. L. 725 ; 1 Copp's L. 0. 141) ; May 28, 1878 (5 Copp's L.O. 126). Sec. 341 Where any private land claim was confirmed 124 BOUNTT-LAND WARRANTS - AND SCRIP. ^ certifloatea pfby Congress prior to June second, eighteen hundred and to'^fSue SSfi%-«ig'ifc) and the same, in whole or in part, has not been fection of con. located or satisfied, either for want of a specific location laSciaimswWdh prior to such Confirmation, or for any reason whatsoever, cannotbeiooated. other than a discovery of fraud in such claim subsequent to such confirmation, it shall be the duty of the surveyor-gen- eral of the district in which such claim was situated, upon satisfactory proof that such claim has be«n so confirmed, and that the same, in whole or in part, remains unsatisfied, to issue to the claimant, or his legal representatives, certifi- cates of location for a quantity of land equal to that so confirmed and unsatisfied ; which certificates of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as prac- ticable, in conformity with the legal divisions and subdi- visions of the public lands of the IJnited States, and shall be assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Ofiice, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the same in his own name upon - any of the pubb'c lands of the TJnitetl States subject to sale at private entry, at -a price not exceeding one dollar and twenty- five cents per acre, and shall be received irom actual set- tlers only in payment of pre-emption claims or in commu- tation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of mili- tary bounty-land warrants. H Stat. 294,295; 20 id. 274,275. 2 Op. Att. Gten. 506; 3 id. 382. Decisions Sec. Int., April 24, 1878; July 7, 1879; Feb. 28,1880 (7 Copp'sL. O. 55) ; June 22, 1880 (7 id. 57). Decisions Com. G. L. O., Aug. 26, 1872 (Copp's E. L. 513) ; April 12, 1873 (id. 527) ; July U,lS7i(id. 517);-Dec. 14,1876; March 22,1879. Cir. G. L. O., Oct. 25, 1860 (Copp's L. L. 523). iorat1on°of f^it Sec. 342. Whenever, in cases prosecuted under the acts ciai scrip in' lieu of Gougrcss of June tweuty-sccond, eighteen hundred and Tate ian™ciaim3i sixty, March sccond, eighteen hundred and sixty-seven, and the first section of the act of June tenth, eighteen hundred and seventy-two, providing for the adjustment of private land claims in the States of Florida, Louisiana and Mis- souri, the validity of the claim has been, or shaU be here- after, recognized by the Supreme Court of the IJnited States, and the court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or-to receive certificate of location for as much of the land the title to which has been established as has been disposed of by the IJnited States, certificate of location shall be issued by the Commissioner of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth sec- tion of the aforesaid act of Congress of June twenty-second, eighteen hundred and sixty, or applied according to the provisions of this section ; and said certificate of location or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in BOUNTY-LAND WAEEANTS AND SCRIP. 125 conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignable by deed or instri;iment of writing, according to the form and pursuant to regula- tions prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip ia his own name; such scrip shall be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land warrants. 12 Stat. 85, 86 ; 20 id. 274, 275. 2 Op. Att. Gen. 506 ; 3 ia. 3S2. De- cisions Sec. Int., Aug. 4, 1H75 (Copp's L. L. 796). Decisions Com, G. L. O., March 31, 1879. Cir. G. L. O., Oct. 8, 1874 (Copp's L. L. 797) ; Sept. l.'S, 1875 (2 Copp's L. 0. 102) ; Feb. 13, 1879 (5 itJ. 181). Sec. 343. The register of the proper land office, upon any Patent to iasne certificate issued under the two preceding sections being '™*="p^°<»"»"»- located, shall issue, in the name of the party making the location, a certificate of entry, upon which, if it shall ap- pear to the satisfaction of the Commissioner of the Greneral Land Office that such certificate has been fairly obtained, according to the true intent and meaning of said sections, a patent shall issue, as in other cases, in the name of the locator or his legal representative. 12 Stat. 85, 86 : 20 id. 274, 275. Decisions Com. G. L. 0., Aug. 7, 1874 (1 Copp's L. 0. 92). ■ Cir. G. L.'O., Oct. 8, 1874 (Copp's L. L. 797, 1 Copp's L. 0. 124) ; Sept. 15, 1875 (2 Copp's L. O. lOa) ; Feb. 13, 1879 (5 id. 181) ; May 8, 1879 (6 id. 54). Sec. 344. The warrants issued to William Kinney and Porterfleia Thomas J. Michie, executors of the last will and testament S^teS. "^ °' of. Kobert Porterfield, deceased, pursuant to the act of Con- gress approved April eleventh, eighteen hundred and sixty, may be by them located on any of the public lands which have been or may be surveyed, and which have not been otherwise appropriated at the time of such location within any of the States or Territories of the United States where the minimum price for the same shall not exceed the sum of one dollar and twenty-five cents per acre; to be selected and located in conformity with the legal subdivisions of the pub- lic surveys, and appropriated according to the directions con- tained in the last will and testament of the said Eobert Pop- terfleld, deceased, in the same manner and for the purposes directed in regard to the lands which were lost by the said legal representatives in the action with Clark and others, as decided by the Supreme Court of the United States. 12 Stat. 836. 2 Op. Att. Gen. 506 ; 3 id. 382. Parker v. Duff, 47 CaL .554. Decisions Sec. Int., Nov. 2, 1871 (Copp's L. L. 803) ; July 25, 1872 [id. 80.->): Decisions Com. G. L. O., Maroli 16, 1870 (Copp's L. L. 216). Ftyrm of scrip : Copp's L. L. 805. Sec. 345. The scrip issued to Thomas B. Valentine, pur- vaientinesorip, snant to an act of Congress approved April fifth, eighteen *"'^'°™'*''- hundred and seventy-two, may be located by said Valentine or his legal representatives upon any of the unoccupied and unappropriated public lands of the United States, not min- eral, and in tracts not less than the subdivisions provided 126 BOUNTY-LAND WAEEANTS AND SCEIP. for in the United States land laws, and, if unsnrveyed when taken, to conform, when surveyed, to the general system of United States land snrveys, and patents shall be allowed therefor. 17 Stat. 649. 2 Op. Att. Gen. 506 : 3 id. 382. Decisions Sec. Int. , Feb. 28, 1879 (6 Copp's L. O. 22); March 19, 1879; July 17, 1880 (7 Copp's L. 0. 88). Decisions Com. G. L. O., Feb. 12, 1878 (4 Copp's L. O. 186) ; Not. 22, 1876 (3 id. 172). Cir. G. L. O., Jane 17, 1874 (Copp's L. L. 806, 1 Copp's L. 0. 69) ; Jan. 6, 1876 (2 Copp's L. 0. 183). Proviamg fbr Sec. 346. The Commissioner of the General Land Oflace t?o ™ o f"c le^ is authorized and required to issue warrants, in lieu of Iowa scrip. swamp-land indemnity certificates numbered ninety-two and ninety-three, to Eobert Coles, in accordance with the legal subdivisions of the public lands, in quantities not less than eighty acres, which may be located by the said Eobert Coles, his heirs or assignsj upon any of the public lands not mineral, or coal or double-minimum lands, subject to entry by pre-emp- tion, or under the provisions of the homestead a«t; which warrants may also be received from actual settlers in pay- ment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same extent as is now authorized by law in the case of military bounty-land war- rants : Provided, That said locations do not interfere with prior pre-emption or homestead rights; and patents may issue therefor the same as provided for military bounty-land warrants or lands sold for cash. 20 Stat. 536. 2 Op. Att. Gen. 506 ; 3 «i. 382L Chippewa half- Sec. 347. In lieu of the lands provided for the mixed Lakfan7'P6^ Woods of the Ecd Lake and Pembina bands of Chippewa bina bands. Indians by article eight of the treaty concluded at the Old Crossing of Eed Lake Eiver, on October second, eighteen hundred and sixty- three, scrip shall be issued to such of said mixed bloods as shall so elect, which shall entitle the holder to a like amount of land, and may be located upon any of the lands ceded by said treaty, but not elsewhere, and shall be accepted by said mixed bloods in lieu of aU future claims for annuities. 13 Stat. 669, 690 ; Revised Indian Treaties, 256, 259. 2 Op. Att. Gen. 506 ; 3 id. 382. Cir. G- L. O., April 20, 1871 (Copp's L. L. 712). Chippewa half- Sec. 348. Each head of a family -or single person over Sup^rfAndt" twenty-one years of age on September thirtieth, eighteen hundred and fifty-four, of the mixed bloods, belonging to the Chippewas of Lake Superior, shall be entitled to eighty acres of land, to be selected by them under the direction of the President, and which shall be secured to them by patent in the usual form. 10 Stat. 1110. Larrivier v. Madigan, 1 Dillon, C. C. 44S. 2 Op. Att. Gen. 506 ; 3 id. 382. Cir. G. L. O., Nov. 24, 1857 (Zab. L. L. 308) ; May 13, 1865 (id. 313) ; April 21, 1871 (Copp's L. L. 712) ; March 15, 1873 (id. 707). r J, Certain lands Sec. 349. The Secretary of the Interior is authorized to filth* by"cilto3 permit the purchase, with cash or military bounty-land war- arising n n a 6 r rauts, of such lands as may have been located with claims aris- feTso, iswf m^ ing under the seventh clause of the second article of the treaty ijepurcha3ed,&o. pf September thirty, eighteen hundred and fifty-four, at such BOUNTY-LAND WARRANTS AND SCRIP. 1.27 price per acre as he deems equitable and proper, but not at a less price than one dollar and twenty-five cents per acre, and the owners and holders of such claims in good faith are also permitted to complete their entries, and to perfect their titles under such claims, upon compliance with the terms above mentioned ; but it must be shown to the satisfaction of the Secretary of the Interior that such claims are held by innocent parties in good faith, and that the locations made under such claims have been made in good faith and by in- nocent holders of the same. 17 Stat. 340 ; R. S. 2368. Decision Com. G. L. O., Deo. 1, 1876 (4 Copp's L. O. 109). Sec. 350. The owners of military land -warrants issued by scnp may be the United States in satisfaction of claims for bounty land of mffitarylS for service during the revolutionary war, their heirs and ?'^'T?''*?j '^1°^? assigns, shall be, and they are hereby, authorized to sur-stateslnsatisfao- render, to the Secretary of the Interior, such of their war- bounty'^iaS' fw rants for the said land bounties as shall remain unsatisfied, service during in whole or in part, and to receive certificates or scrip for"aT°^upon°si!T^ the same, at any time before the first day of September, one render thereof to thousand eight hundred and thirty-five, which certificate or the interio?!^^ ° scrip shall be issued by the said Secretary, and signed by him and countersigned by the Commissioner of the General Land OflBce in the following manner, that is to say : There shall be a separate certificate or scrip, for such sum as shall, at the time of issuing the same, be equal to the then minimum price of each quantity of eighty acres of land due by such warrant, and remaining unsatisfied at the time of such sur- render, and a like certificate or scrip for such sUm as, at the time, shall be equal to the minimum price of the quantity that shall so remain unsatisfied, of any such warrant after such subdivisions of the amount into quantities of eighty acres. All certificates or scrip issued in virtue of any war- rant granted after the thirtieth day of May, one thousand eight hundred and thirty, shall be issued to the party orig- inally entitled thereto, or his heir or heirs, devisee or devi- sees, as the case may be. The certificates or scrip issued under the provisions of this section, shall be receivable in payment. for any of the public lands liable to sale at private entry; but such certificate or scrip shall not entitle the holder to enter or purchase any settled or occupied lands, without the written consent of such settlers or occupants, as may be actually residing on said lands at the time the same shall be entered or applied for. All such certificates or scrip shall be assignable, by indorsement thereon, attested by two witnesses. 4 Stat. 422, 423, 424, 665, 770. 2 Op. Att. Gen. 385 ; 3 id. 246. Decis- ion Sec. Int., June 14, 1858 (1 Lester's L. L. 480). Cir. G. L. O., Aug. 17, 1853 (1 Lester's L. L. 682) ; June 14, 1860 (Copp's L. L. 739) ; July 1, 1871 ; Deo. 16, 1874 (Copp's L. L. 741 ; 1 Copp's L. O. 151). Sec 351. All outstanding military land- warrants or parts Secretary of in- of warrants issued upon allowances made by the executive p^^f i™„^ aP°p of the commonwealth of Virginia prior to the first day of "i .satisfaction of - March, one thousand eight hundred and fifty-two, for mil- tofvSriSiaiaSd- itary services performed by the officers and soldiers, seamen warranfa. 128 BOUNTT^LAND WARRANTS AND SCRIP. or marines, of the Virginia State and continental lines in the Army or Kavy of the Eevolution, may be surrendered to the Secretary of the Interior, who, upon being satisfied, by a revision of the proofs or by additional testimony, that ' any warrant thus surrendered was fairly and justly issued in pursuance of the laws of said commonwealth, for military services so Tendered, and that the same comes within the pro- visions recognized by the Department of the Interior in the execution of the provisions of "An act making further pro- vision for the satisfaction of Virginia land-warrants," ap- proved August thirty-first, one thousand eight hundred and fifty-two, shall issue land scrip in favor of the present pro- prietors of any warrant thus surrendered, for the whole or any portion thereof yet unsatisfied, at the rate of one dollar and twenty-five cents for each acre mentioned in the war- rant thus surrendered and which remains unsatisfied, which scrip shall be receivable in payment for any lands owned by the United States subject to sale at private entry; and said scrip shall, moreover, be assignable by indorsement attested by two witnesses. In issuing such scrip, the Sec- retary is authorized, when there are more persons than one interested in the same warrant to issue to each person scrip for his or her portion of the warrant ; and where infants or feme-coverts rnay be entitled to any scrip, the guardian of the infant and the husband of the feme-covert may receive ProTisa and sell or locate the same : Provided, That no less than a legal subdivision shall be entered and paid for by the scrip issued in virtueof this section : And provided further, Thsht no warrant or part of warrant shall be satisfied in scrip, founded or issued on any allowance made by the executive of Vir- ginia since the first day of March, eighteen hundred and fifty-two. 10 Stat. 143 ; 12 id. 84. 9 Op. Att. Gen. 156, 352, 354 : 6 W. 243 : 7 i4. 32, 652. Cir. G. L. O., July 20, 1875 (Copp's L. U 742). Note. — For laws relatingto agrioultural-college scrip and swamp-land indemnity locations, see General Grants to States and Territori.es, chap- ter xii. For laws relating to soldiers' additional homestead claims, see Home- steads, chapter viii. For certilicates of deposit to be nsed by settle's in payment for pub- lic lands, see Surveys and Surveyors, chapter uL CHAPTER TWELVE. GENERAL GRANTS TO STATES AND TERRITORIES. Sec. 352. Grant to new States. 353. Selections and locations of lands granted in last section. 354. Grant of swamp and overflowed lands to certain States to aid in construc- tion of levees, &c. 355. Secretary of Interior to make lists of such lands for transmission to tlie governors of the States. 356. Legal subdivisions mostly wet and unfit for cultivation. 357. Indemnity to States where lands have •been sold by United States. 358. Patents to issue for swamp lands to purchasers and locators prior to issuing of patents to States, &c. 359. Selections of swamp and overflowed lands confirmed. 360. Swamp-land grants to Oregon and Minnesota. 361. Public lands not mineral granted to each State for purpose of establish- ing agricultural colleges. 362. Agricultural-college scrip, to be is- sued, when. 363. Proceeds of sales, how applied. As- signees of State to locate scrip. May be located on offered lands or received from pre-emption settlers in payment for lands. 364. Expenses of management, &c., to be paid by States. Moneys from sale of land and scrixi to be invested, and interest applied to support of college of agriculture and mechanic arts. 365. Conditions of grant, assent of States. Diminution of fund to be made np by State. Annual interest to be applied regularly. Funds to bo ex- pended for buildings. College to be furnished or moneys refunded to United States. Annual reports of colleges. Computation when double-minipmm lands are selected. States in rebellion not entitled to Seo. D65. (Continued.) ' benefit of grant. Assent of States to be given prior to July 1, 1874. 366. Fees of land officers. 367. Governors of States to report annu- ally to Congress. 368. New States entitled to benefits of grant. 369. Nevada may select double-minimum lands not mineral. 370. Selection of lands granted to Califor- nia, &c. 371. Selection of lands granted to Oregon, &c. 372. Selections by Oregon confirmed except when legally appropriated. 373. Locations in excess of quantity al- lowed, confirmed. 374. Certain excess locations in Wiscon- sin confirmed. 375. Keissue of agricultural-college scrip. 376. Settlements before survey on sections 16 and 36, deficiencies thereof. 377. Selections to supply deficiencies of school lands. 378. Fee-simple to pass in aU grants of land to States and Territories , when , 379. Certain States to be paid 10 per cent. on net proceeds of sales of put S't lands therein, &c. 380. After deducting said 10 per cent., &c., residue to be divided among States of Union, how. To be ap- plied as legislature may direct. 381. Net proceeds of sales of public lands payable at the Treasury half-yearly, to whom. 382. Money due to be first applied to pay- ment of debts to United States. 383. Length of continuation of this grant. 384. Not less than $150,000 to be appro- priated annually for surveys. 385. Amount due on. State stoclis held by United States in trust, to be with- held in case of default of principal or interest. Sec. 352. There is granted, for purposes of internal im- Grant to new provement, to each new State hereafter admitted into the ^*'**<'^- Union, upon such admission, so much public land as, in- cluding the quantity that was granted to such State before its admission and while under a Territorial government, will make five hundred thousand acres. 5 Stat. 455 ; E. S. 2378. Foley v. Harrison, 15 How. 433 ; Shepley V. Cowan, 1 Otto, 330. Patterson v. Saturn, 3 Saw. C. C. 164. Dall V. Meador, 16 Cal. 296 ; Van Valkenburg v. MoClond, 21 id. 330; Megerle v. Ashe, 27 id. 322 ; Bludworth v. Lake, 33 id. 255. 9 L O 129 130 GENERAL GEANTS TO STATES AND TEREITORIES. Seiecttona and Sec. 353. The Selections of lands, granted in the preoed- '^'tTin'Tt^ti^g section, shall be made within the limits of each State so section. admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less than three hundred and twenty acres in any one location, on any public land not reserved ftxjm sale by law of Congress or by proclamation of the President. The locations may be made at any time after the public lands in any such new State have been surveyed according to law. 5 Stat. 455; E. S. 2379. Shepley v. Cowan, 1 Otto, 330. Patteraon V. Saturn, 3 Saw. C. C. 1G4. 4 Op. Att. Gen. 71. Dall v. Meador, 16 Cal. 296; Van Valkenburg v. McCloutl, 21 id. 330; Terry v. Megerle, 24 id. 609 ; Megerle v. Ashe, 27 id. 322 ; Bludworth v. Lake, 33 id. 2.')5 ; Farrish v. Coon, 40 id. 33 ; Hastings v. Jackson, 46 id. 234 ; Shepley v. Cowan, 52 Mo. 559. Decisions Sec. Lit., Jan. 15, 1856 (1 Lester's L. L. 555); Nov. 10, 1856 (1 id. 507); ApriJ 20, 1859 (1 id. 568); Deo. 9, 1H59 (1 id. 457) ; Sept. 26, 1871 (Copp's L. L. 440); Sept. 18, 1872 (id. 326, 446); Nov. 19, lffl;8 (5 Copp's L. O. 158). Cir. G. L. C, Feb. 21, 1846 (1 Lester's L. L. 500); Ang. 6, 1847 (1 id. 501); Jan. 5, 1872 (Copp's L. L. 483). Grantofawamp Sec 354. To enable the several States (but not including fanfia to^Mrtata the States of Kansas, Nebraska, Nevada, and Colorado) to states to aid in(jornstruct the necessary levees and drains, to reclaim the ieTles°&i?" swamp and overflowed lands therein — the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and rwnaining unsold on or after the twenty -eighth day of Sep- tember, A. D. eighteen hundred and fifty, are granted and belong to the several States respectively, in which said lands Proviso. are situated : Provided, however, That said grant of swamp and overflowed lands, as to the State of California, Minne- sota, and Oregon, is subject to the limitations, restrictions and conditions hereinafter named and specified, as applica- ble to said three last-named States, respectively. 9 mat 520; 12 id. 3; 18 id. 16; K. S. 2479. Railway Co. v. Fre-' mont, 9 Wall. b9 ; Railway Co. t;. Smith, 9 id. 95 ; Martin v. Marks, 7 Otto, 345 ; American Emigrant Co. v. Connty of Adams, 10 id. 61 ; Same v. Wright Co., S, C, Dec. T. 1877, in manuscript. 9 Op. Att. Gen. 253 ; id. March 4, 1878, in manuscript. Dunklin V. Dist. Co. Ct., 23 Mo. 449; Railway^Co. v. Smith, 40 id. 310; State V. Register, 48 id. 59 ; Foster v. Evans, 51 id. 39 ; Clarkson e. Buchannan, 53 id. 5(>3 ; Camphell v. Wortman, 58 id. 258 ; Funk- houser v. Peck, 67 id. 20 ; Fletcher v. Pool, 20 Ark. 100 ; Branch V. Mitchell, 24 id. 432; Eingo v. Rotan, 29 id. 56; Kile v. Tubhs, 23 Cal. 431 ; Owons v. Jackson, 9 id. 322 ; Summers v. Dickinson, 9 id. 558 ; People v. Stratton, 25 id. 242 ; People v. Merrill, 26 id. 336 ; Kernan v. Griffith, 27 id. W ; Carder v. Baxter, 28 id. 99 ; Thornton v. Thompson, 28 id. 602; Hogar j). Lucas, 29 id. 309; Keenan v. Griffith, 31 id. 462 ; Keenan t-. Allen, 33 id. 542 ; Keenau V. Griffith, 34 id. 580 ; Kimball v. Reclamation Com'rs, 45 id. 344 ; Readi\ Caruthers, 47 id. 181; Wright v. Carpenter, 47 id. 436; Savings Bank v. Hvnes, bO id. 195; Busch v. Donohue, 31 Mich. 481 ; Att'y-Gen. v. Thomas, 31 id. 365 ; Boyce v. Slambaugh, 34 id. 348 ; State v. Hastings, 11 Wis. 448 ; Barrett v. Brooks, 21 Iowa, 144 ; Fremont Co. v. Railway Co., 22 id. 91 ; Railway Co. v. Brown, 40 id. 333 ; Page Co. c Railway Co., 40 id. 520 ; Murphy u. Ewing, 22 Ind. 297 ; Edmondson v. Core, 62 id. 17 ; Supervisors v. State's Att'y, 31 Ills. 68 ; Gratham v. Atkins, 63 id. 359 ; TJiompson v. Prinoe, 67 id. 281 ; Keller v. Brickloy, 78 id. 133 ; Gaston v. Scott, 5 Or^. 48. Decisions Sec. Int., Deo. 23, 1851 (1 Leptar'sL. L. 549) ; Nov. 20, 1855 ; June 21, I896 (1 Lester's L. L. 5.55) ; Aug. 28, 1856 ; Jan. 17, 1859 (1 Lester'sX,. 1,. *©?) > July 23, 1859 (1 id. 5?0) ; Aug. 17, GENERAL GRANTS TO STATES AND TERRITORIES. 131 1858; Fob. 8, 1860; April 25, 1862; June 27, 1862; June 1, 1871; Nov. 11, 187:5; Dec. 9, 1874; July 9, 1875; Aug. 24, 1876; Sept. 9, 1876 ; May 5, 1877 (7 Copp's L. O. 63) ; Deo. 21, 1877 (4 id. 151) j June 28, 1880 (7 id. 70). Deoisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L. L. 551) ; Jan. 10, 1874 (Copp's L. U 473; 1 Copp's L. O. 5). Sec. 355. It shall be the duty of the Secretary of the In- 1^^^°™^''??^*^! terior, to make accurate lists and plats of all such lands, and ustsofsnch lands transmit the same to the governors of the several States in toVrgOTemLrs -which such lands may lie, and at the request of the governor of the states. of any State in which said swamp and overflowed lands may be, to cause patents to be issued to said State therefor, con- veying to said State the fee-simple of said land. The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the recLaiming said lands, by means of levees and drains. 9 Stat. 519 ; R. S. 2480. RaUway Co. v. Smith, 9 W.all. 95 ; Prenoli V. Fyan, 3 Otto, 169 ; Martin v. Marks, 7 id. 345 ; American Emi- grant Co. V. County of Adams, 10 id. 61. Railway Co. v. Smith, 40 Mo. 310 ; Clarkson v. Buchannan, 53 id. 563 ; Lockwood v. Rail- way Co., 65 id. 233 ; Funkhouser v. Peck, 67 id. 20 ; Birch v. Gilles, 67 id. 102; Keman v. Griffith, 27 Cal. 87; Busch v. Donohue, 31 Mich. 481; State v. Hastings, 11 Wis. 448; Thompson t). Pierce, 67 Ills. 281 ; Gaston v. Scott, 5 Oreg. 48 ; Barrett v. Brooks, 21 Iowa, 144; Fremont Co. v. Railway Co., ^2 id. 91; Boyntou v. Miller 22 id. 579'; Kettner v. Story Co., 23 id. 35; R.ailway Co. v. Brown, 40 id. 333 ; Page Co. v. Railway Co., 40 id. 520. Decisions Sec. Int., Deo. 23, 1851 (1 Lester's L. L. 549) ; July 7, 1855 ; Sept. 18, 1855 (1 Lester's L. L. 553) ; Oct. 4, 1855 (1 M. 553) ; Jan. 15, 1856 (lid. 555); Dec. 19, 1857 {lid. 557); Oct. 24, 1S53 (1 id. 562): Jan. 17, 1859 (1 id. 567); April 20, 1SS9 (1 id. 568); May 21, 1859 (1 id. 569); June 25, 1859 (1 id. 569); Aug. 1, 1859 (1 id. 571); April 25, lb62 ; June 27, 1862 ; April 19, 1877 (4 Copp's L. O. 92); Mav 5, 1877 (4 id. 63) ; Dec. 4, 1877 ; May 2, 1878 (5 Copp's L. O. 124); Jan. 6, 1879; Sept. 19, 1879; April 5, 1830 (7 Copp's L. O. 27). Decisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L K 551) ; Jan. 22, 1858 (lid. 559): Jan. 27, 1876 (2 Copp's L. O. 180). Cir. G. L. O., Nov. 21, 1850 (1 Lester's L. L. 543 ; Zab. L. L. 317) ; April 8, 1854; Feb. 11, 1656 (1 Lester's L. L. 545); Jan. 5, 1872 (Copp's L. L. 483) ; Jan. 15, 1874 (id. 472 ; 1 Copp's L. O. 41). Sec. 356. In making out lists and plats of the lands afore- . Legal subaivis said all legal subdivisions, the greater part whereof is wet "nd unflfffi 7^- and unfit for cultivation, shall be included in said lists and twation. plats, but when the greater part of a subdi\'isiou is not of that character, the whole of it shall be excluded therefrom- 9 Stat. 519 ; R. S. 2481. French v. Fyan, 3 Otto, 169 ; American Emi- grant Co. V. Adams Co., 10 id. 61. 11 Op. Att. Gen. 467; id. July 25, 1877, in .manuscript. Fletcher ti. Poo], 20 Ark. 100 ; Funk- houser V. Peck, 67 lio. 20 ; Keller r. Brickey, 78 Ills. 133 ; Owens V. Jackson, 9 Cal. 322 ; Summers v. Dickinson, 9 id. 554 ; Carder V. Baxter, 28 id. 99 ; Thornton v. Thompsou, $8 id. 602; Hagar v. Lucas, 29 id. 309 ; Keenan v. Griffith, 31 id. 462 ; Keeuau v. Allen, 33 id. 542 ; Keenan v. Griffith, 34 id. 5ti0 ; Taylor v. Uuderhill, 40 id. 471 ; Read v. Carnthers, 47 id. 181 ; Wright v. Carpenter, 47 id. 436. Decision Sec. Int., Oct. 13, 1876 (3 Copp's L. 0. 119), De- cisions Com. G. L. O., Dec. 21, 1853 (1 Lester's L. L, 551) ; Jan. 22, 1858 (1 id. 559) ; Jan. 27, 1876 (2 Copp's L. O. 180). Cir. G. L. 0„ Nov. 21, 1850 (1 Lester's L. L. 543 ; -Zab. L. L. 317) ; April 8, 1854; Feb. 11, 1856 (1 Lester's L. L. 545 ; Zab. L. L. 320) ; Jan. 15, 1874 (Copp's L. L. 472). Manual of Surveying Instructions (1 LesteiJ's L.L.718). 132 GENEEAL GRANTS TO STATES AND TERRITORIES. Indemnity to Sec. 357. Upoii proof by tlie authorized agent of tlie Undl^L-J^^^en State, bcfore tlie Commissioner of the General Land OfiSce, sold by United that auy of the lands purchased by any person from the tatcB. United States, prior to March third, eighteen hundred and fifty seven, were " swamp lands," within the true intent and meaning of the act entitled '"An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," approved September twenty-eight, eight- een hundred and lifty, the purchase money shall be paid over to the State wherein said land is situate; and when the lands have been located by warrant or scrip, the said State shall be authorized to locate a like quantity of any of the public lands subject to entry, at one dollar and twenty- five cents per acre, or less, and patents shall issue therefor. The decision of the Commissioner of the General Land Office shall be first approved by the Secretary of the Interior. 10 Stat. 634, 635 ; 11 id. 251 ; R. S. 2482. American Emigrant Co. v. Adams Co., 10 Otto, 61. 11 Op. Att. Gen. 467 ; id. July 25, 1877, in manuscript. Fletcher u. Pool, 20 Ark. 100. Decisions Sec. Int., July 7, 1855 (1 Lester's L. L. .552)^ Jan. 14, 1856 (1 id. 554) ; Feb. 6, 1861; March 31, 1861; May 8, 1861; April 25, 1862; March 12, 1863; April 23, 1866; Feb. 8, 1868; Juno 17, 186S; Feb. 2, 1874 (Copp's L. L. 480) ; May 2, 1878 (5 Copp's L. 0. 124) ; June 6, 1&78 (5 id. 125) ; Deo. 9, 1878 (7 id. 9) ; April 6, 1880 (7 id. 23) ; June 28, 1880 (7 id. 70). Cir. G. L. O., March 18, 1872 (Copp's L. L. 479) ; Jan. 22, 1877 ; Aug. 12, 1878 (5 Copp's L. 0. 173) ; Fob. 17, 1879 (7 id. 9). Patentsto issue Sec. 358. The President of the United States shall cause topurchaSrsand patents to be issued to the purchaser or x^urchasers, locator locators prior to oy locators, who made entries of the public lands claimed as issuing of patents t t -j., ■J.^ i t -, j. to States, &c swamp lands, either with cash or land warrants, or scrip, or under any homestead or pre-emption laws prior to the issue Proviso. of patents to the State or States : Provided, That in all cases where any State through its constituted authorities, may have sold or disposed of any tract or tracts of land prior to the entry sale or location of the same under the pre emp- tion or other laws of the United States, no patent shall be issued by the President for such tract or tracts of land, until such State through its constituted authorities, shall release its claim thereto in such form as shall be prescribed by the Secretary of the Interior. In all cases where such State did not within ninety days from the second day of March, eighteen hundred and fifty-five, the date of an act entitled "An act for the relief of purchasers and locators of swamp and overflowed lands" through its constituted authorities, return to the General Land Office of the United States, a list of all the lands sold as aforesaid, together with the dates of such sales and the names of the purchasers, the Presi- dent shall issue patents to persons who made such entries of the public lands so claimed as swamp land. 10 Stat. 634; R. S. 2483. Dale ». Turner, 34 Mich. 405. Decisions Sec. Int., Nov. 18, 1856 (1 Lester's L. L. 556); Nov. 1, 1858 (1 id. 563). Decisions Cora. G. L. O., Jan. 2, 1858 (1 Lester's L. L. 557) ; May 5, 1874 (1 Copp's L. O. 39). Selection of Sec. 359. All lands selected and reported to the General fllIwJ'imd8°™n- Land Office as swamp and overflowed land by the several finned. States entitled to the provisions of said act of September GENERAL GRANTS TO STATES AND TERRITORIES. 133 twenty-eight, eighteen hundred and fifty, prior to March third, A. D. eighteen hundred and fifty-seven-, are con- firmed to said States respectively so far as the same remained vacant and unappropriated and not interfered with by an actual settlement under any law of the United States. 11 Stat. 251 ; R. S. 24H4. Martin v. Marks, 7 Otto, 345. 11 Op. Att Gen. 467 ; id. July 25, 1877, in manuscript. Punkhouser v. Peck, 67 Mo. 20 ; Keenan v. Allen, 33 Gal. 542; Dale v. Turner, 34 Mich. 405; Davis v. Filer, 40 id 310; Fremont Co. v. Railway Co., 22 Iowa, 91; American Emigrant Co. v. Railway Co., 47 id. 515; Gratham v. Atkins, 63 Ills. 357 ; Smith v. Goodell, 66 id. 450. De- cisions Sec. Int., Jan. 8, 1858 (1 Lester's L. L. 558) ; Aug. 1», 1858 (1 id. 561) ; Nov. 1, 1858 (1 id. 563) ; Dec. 10, 1858 (1 id. 565) ; Feb. 8, 1860 ; March 26, 1861 ; May 2, 1878 (6 Copp's L. O. 76) ; June 14, 1878.' Sec. 360. The provisions of the act of Congress entitled swamp-iand "An act to enable the State of Arkansas and other States S°;J^£™t|™ to redeem" the swamp lands- within their limits, approved' September twenty- eight, A. D. eighteen hundred and fifty, extend to the States of Minnesota and Oregon : Provided, Provko. Tliat the grant shall not include any lands which the Gov- ernment of the United States may have sold or disposed of under any law, enacted prior to March twelve, eighteen hundred and sixty, prior to the confirmation of title to be made under the authority of said act— and the selections to be made from lauds already surveyed in each of the States last named, under the authority of the act aforesaid, shall have been made within two years from the adjournment of the legislature of each State, at its next session after the twelfth day of March, A. D. eighteen hundred and sixty — and as to all lands surveyed or to be surveyed, thereafter, within two years from such adjournment, at the next ses- sion after notice by the Secretary of the Interior to the governor of the State, that the surveys have been completed and confii'med. 12 Stat. 3 ; R. S. 2490. Gaston v. Scott, 5 Oreg. 4-'. Decisions Sec. Int., Dec. 2, 1874 (Copp's L. L. 475) ; Sept. 9, 1876 (3 Copp's L. O. 99) ; Oct. 13, 1876 (3 id. U19) ; Dec. 2, 1876 (3 id. 172) ; Dec. 4, 1877 (4 id. 149) ; June 6, 1879 (5 id. 179) ; April 15, 1880 (7 id. 28) ; June 4, 1880 (7 id. 53). Sec. 361. There is granted to the several States, for the Public lamda, purposes hereinafter mentioned, an amount of public land, S^ntS'to'^eacii to be apportioned to each State a quantity equal to thirty ^t ate ^for^pnx- thousand acres for each Senator and Eepresentative in Con- Fishing" a^lcui- gress to which the States are respectively entitled by the '"'"^ coUeges. apportionment under the census of eighteen hundred and sixty: Prbvided, That no mineral lands shall be selected or Proviso, purchased under the provisions of this grant. 12 Stat. 503. Cir. G. L. O., May 4, 1863 (Zab. L. L. 445) ; July 20, 1875 (Copp's L. L. 486). Sec. 362. The land aforesaid, after being surveyed, shall AgricuUnrai- be apportioned to the several States in sections or subdivis- f sslFod^'wi^?! ions of sections, not less than one-quarter of a section; and there is no suab- whenever there are public lands in a State subject to sale S^aiJf^state^ at private entry at one dollar and twenty-five cents per acre, satisfy the grant the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and 134 GENEEAL GRANTS TO STATES AND TEEEITORIES. the Secretary of the Interior is hereby directed to issue to each of the States in which there is not the quantity of pub- lic lands subject to sale at private entry at one dollar and twenty-five cents per acre, to which said State may be en- titled under the provisions of this grant, land scrip to the amount in acres for the deficiency of its distributive share : said scrip to be sold by said States and the proceeds thereof Proceeds of applied to the uses and purposes prescribed by this grant, pued.^' "^ ^ and for no other use or purpose whatsoever : Provided, That in no case shall any State to which land scrip may thus be ' issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their Assignees ofassignecs may thus locate said land scrip upon any of the State to locate unappropriated lands of the United States subject to sale at private entry at one dollar and twenty-five cents, or less, I)er acre, or shall be received from actual settlers in pay- May be located ment of pre-emption claims in' the same manner and to the m reoefl^'from s^me extent as is now authorized by law in case of military pre-emption set- bouuty-land waiTants: Provided furtlter, That not more than fof thS/iS^"* one million acres shall be located by such assignees in any Limitations. QQe of the Statcs, aud not more than three sections of land in any one township shall be entered with said scrip, and no location made prior to July second, eighteen himdred and sixty-three, shaU be valid. 12 Stat. 504 ; 15 id. 227 ; 16 id. 186 ; E. S. 2278. Decisions Com. G. L. O., Jan. 30, 1873 (Copp's Mg. Dec. 157). Cir. G. L. O., May 4, 1863 (Zab. L. L. 445) ; Aug. — , 1868 {id. 448) ; July 2-^, 1870 (Copp's L. L. 794) ; Jan. 5, 1872 (id. 483) ; Feb. 8, 1872 (id. 795) ; June 17, 1875 (id. 179) ; July 20, 1875 (id. 486 ; 2 Copp's L. O. 90); General Cir. G. L. 0., Sept. 1, 1879, p. 7. Expenses of Sbc. 363. All the expenses of management, superintend- So "to fepaldby®'^^' ^^^ taxes from date of selection of said lands, previ- states. ous to their sales, and all expenses incurred in the manage- ment and disbursement of the moneys which may be re- ceived therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes herein- after mentioned. 12 Stat. 504. Moneys from Sec. 364. All moucys derived from the sale of the lands Icrip toSvesti aforesaid by the States to which the lands are apportioned, cd and interest and from the salcs of land scrip, shall be invested in stocks of po?t"^Sf ooUegrof the United States, or of the States, or some other safe stocks, acricnitme^an^d yielding not Icss than five per centum upon the par value artf.™^" ''"'"of said stocks; and the money so invested shaU constitute a perpetual fund, the capital of which shall remain forever undiminished, except as herein provided,- and the interest of which shall be inviolably appropriated, by each State, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the GENERAL GRANTS TO STATES AND TERRITORIES. 135 industrial classes in the several pursuits and professions in life. 12 Stat. 504. Sec. 365. The grant of land and land scrip hereby author- Conditions of ized shall be made on the ibllowing conditions, to which, as |J^ '^^^°* "^ well as to the provisions hereinbefore contained, the previ- ous assent of the several States shall be signilled by legis- lative acts: First. If any portion of the fund invested, as provided by Diminution of the preceding section, or any portion of the interest thereon, u'^ty'st^e.'"'"'^ shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain forever undiminished ; and the annual interest shall be regularly applied without Annnai interest diminution to the purposes mentioned in this grant, except ^^^"■bp^^'^'^'^s- that a sum, not exceeding ten per centum upon the amount received by any State, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States. 12 Stat. 504. Second. No iiortion of said fund, nor the interest thereon, ^ ^°^^^°fi^ shall be applied, directly or indirectly, under any pretence bniiaings. whatever, to the purchase, erection, preservation, or repair of any building or buildings. 12 Stat. 504. Third. Any State claiming the benefit of the provisions ^°}^?^^ *° ^^ of this grant shall provide, on or before July first, eighteen ey™ refundeTto hundred and seventy-four, not less than one college, or the ^nit^i states. grant to such State shall cease; and said State shall be bound to pay the United States the amount received of any lands previously sold, and the title to purchasers under the State shall be valid. 12 Stat. 504 ; 13 id. 47; 14 id. 208 ; 17 id. 416, 417. Fourth. An annual report shall be made regarding the ^■^]??„*'™p™'® progress of each college, recording any improvements and "* ^^' experiments made, with their cost and results, and such other matters, including State industrial and economical statistics, as may be supposed useful ; one copy of which shtvll be transmitted by mail free, by each, to all the other colleges which may be endowed by this grant, and one copy to the Secretary of the Interior. 12 Stat. 505. Fifth. When lands shall be selected from those which computation , , • T i T 1.1 ii . ■ . . wliendouble-min- have been raised to double the Tmnimum price, m conse- imum innds are quence of railroad grants^ they shall be computed to the ^'^>'*^- States at the maximum price, and the number of acres pro- jKxrtionally diminished. 12 Stat. 505. Sixth. No State while In a condition of rebellion or insur- ji^n'^^t mtiS rection against the Government of the United States shall to benefit of {nant. be entitled to the benefit of this grant. [obsolete.] 12 Stat. 505. 136 GENERAL GEANTS TO STATES AND TEEEITOEIES. •Asaentof State Seventh. No state shall be entitled to the benefits of this to j^y 1^874!" Srant unless it shall have expressed its acceptance thereof by its legislature on or before July first, eighteen hundred and seventy-four. 12 Stat. 505; 13 id. 47 ; 14 id. 208; 17 id. 416, 417. jj^^o"ai"iof- Sec. 366. The land officers shall receive the same fees for "*"■ locating agricultural-college scrip as are now allowed for the location of military bounty-land warrants under exist- ing laws: Provided, Their maximum compensation shall not be thereby increased. 12 Stat. 505. Governors of Sec. 3G7. The govemops of the several States to which a™uaiiy''tJ^i5on* scrip shaU be issued under this grant shall be required to gress. report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what apiiropriation has been made of the proceeds. 12 Stat. 505. New states en- Sec. 368. Whcu any Territory shall become a State and otgraJS. ^ '^ be admitted into the Union, such new State shaU be entitled to the benefits of this grant, by expressing the acceptance therein required within three years from the date of its ad- mission into the Union, and providing the college or colleges within five years after such acceptance. 14 Stat. 208, 209. Cir. G. L. O., May 4, 1863 (Zab. L. L. 445). leS^a^bTeS ^^^- ^^^- '^^^ ^iaie of Nevada is authorized to select the imum lands'not alternate even-numbered sections within the limits of any mineral. railroad grant in said State, in satisfaction of her grant of lands under the act of July second, eighteen hundred and sixty -two, and acts amendatory thereof, but this privilege shall not extend to lands upon which there may be any rightful claims under the pre-emption and homestead laws; and if lands be selected, the minimum price of which is two dollars and fifty cents per acre, each acre so selected shall be taken by the State in satisfaction of two acres, the minimum price of which is one dollar and twenty-five cents per acre; but lands valuable for mines of gold, silver, quicksilver, or copper shall not be selected in satisfaction of this grant. 12 Stat. 503, 504, 505 ; 15 id. 67, 68. Selection of Sec. 370. The lands granted to the State of California for cSm>S*^*°the establishment of an agricultural college by the act of July second, eighteen hundred and sixty-two, and acts amendatory thereto, may bo selected by said State from any lands within said -State subject to pre-emption, settle- ment, entry, sale, or location, under any laws of the United States. Such selection may bo made in any legal subdivis- ions, adjoining by sides, so as to constitute bodies of not less than one hundred and sixty acres ; or they may be made in separate subdivisions of forty, eighty, or one hundred and pSraofsei^ twenty acres, respectively: Provided, That this privilege shall tion. not extend to lands upon which there may be rightful claims amnm'^°andB"a™ binder the preemption and homestead laws, nor to mineral selected, st.atc to lands : Provided further, That if lands be selected, as afore- Inprko "^"^said, the minimum price of which is two dollars and fifty GENERAL GRANTS TO STATES AND TERRITORIES. 137 cents per acre, they shall be taken acre for acre in part sat- isfaction of the grant, and the State of California shall pay- to the United States the sum of one dollar and twenty-iive cents per acre for each acre so selected, when the same shall be patented to the State by the United States: Provided, -where latds further, That -where lauds sought to be selected for the agri- Sd'aro unaS cultural college, are unsurveyed, the proper authorities of veyed. the State shall iile a statement to that effect with the regis- ter of the United States land office, describing the land by township and range, and shall make application to the United States surveyor-general for a survey of the same. Survey, the expenses of the survey for field work to be paid by the State, provided there be no appropriation by Congress for that purpose. The United States surveyor-general, as soon as practicable, shall have the said lands surveyed and the township plats returned to the United States land office, and lands so surveyed and returned shall, for thirty days after the filing of the plats in tlie United States laud office, be held exclusively for location for the agricultural Looation9,when college, and within said thirty days the proper authorities °^ ^^ ^'^^■ of the State shall make application to the United States land office for the lands sought to be located by sections and parts of sections : Provided, That any rights under the Pro-emptioD pre-emption or homestead laws, acquired prior to the filing riyi,t^°not*^ of the required statement with the register, shall not be im- footed, paired or affected by this act: Provided further, That such Selections, how selections shall be made in every other respect subject to ** ^ "*'^®- the conditions, restrictions, and limitations contained in the acts hereby modified. 12 Stat. 503, 504, 505 ; 15 id. 67, 68 ; 16 id. 581. Decisions Sec. Int., Nov. 2, 1871 (Copp's L. L. 443). Cir. G. L. O., Marcli 23, 1871 (Copp's L. L. 440) ; Jnly 8, 1873 {id. 441). Sec. 371. The lands granted to the State of Oregon, for Lands granted the establishment of an agricultural college, by act of July ^Stireai^co? second, eighteen hundred and sixty-two, and acts amenda- lege.seiectionsof. tory thereto, may be selected by said State from any lauds within said State subject to homestead or pre-emption entry under the laws of the United States; and in any case where land is selected by the State, the price of which is fixed by ^ aonbie-mm- law at the double minimum of two dollars and fifty cents |m"™iand is s^ per acre, such land shall be counted as double the quantity to'^cmint'doubie. toward satisfying the grant. 12 Stat. 503, 504, 505 ; 17 id. 217, 218. Seo. 372. Any such selections made by said State prior seiTOtioira cen- to June fourth, eighteen hundred and seventj'-two, are con- ^jien lelsaiy^ap. firmed, except so far as they may conflict with any adverse propriated. " legal right existing on that date : Provided, That the State Proviso, shall not receive more than ninety thousand acres, the quan- tity granted by the act of July second, eighteen hundred and sixty-two : Provided also, That such lands shall not be sold by said State for less than two dollars and fifty cents per acre; and where settlement is made uponthe same, pref- erence in all cases shall be given to actual settlers at the price for which said lands may be offered. 12 Stat. 503, 504, 505 ; 17 id. 217, 218. 138 GENERAL GEANTS TO STATES AND TEREIT'OEIES. Looxtionsinox- Sec. 373. All locations of agricultural-college scrip made Xw^ 'SnS within thirty days after the date of the approval of the act ed. of July twenty-seven, eighteen hundred and sixty-eight, if otherwise in conformity with law, are hereby legalized and made valid. 16 Stat. 186. [Note.— This act was designed to cure selections in excess of three sections to a township, which had been made by parties in ignorance of the limitation contained in the act of July 27, 1868; 15 Stat. 227.] Certain excess Sec. 374. All locatious of agricultural-coUege scrip allowed iSn^ni^Sl' prior to December first, eighteen hundred and sixty-seven, ' at the several land offlces in the State of Wisconsin, in ex- cess of the maximum quantity authorized by the act of July second, eighteen hundred and sixty -two are hereby legal- ized ; and the Commissioner of the General Land OfQce is authorized to issue patents upon such locations : Provided, The same shaU be in all other respect legal and valid. 16 Stat. 116. .Eei^ of »g- Sec. 375. The provisions of the act of Congress of June scrip. "***"®S6 twenty-third, eighteen hundred and sixty, relating to the .reissue of land warrants in certain cases, are hereby ex- tended so as to include the reissue of agricultural-college land scrip, lost, cancelled or destroyed without the fault of the owner thereof, under such rules and regulations as the Secretary of the Interior may prescribe. 12 Stat. 90,91 : 18 id. 111. Cir. G. L. O., Aug. 20, 1875 (Copp's L. L. 486 ; 1 Copp's L. O. 108). setuementsbe- Sec. 376. Where Settlements, with a view to pre-emption, sectipnVia or ss! havc been made before the survey of the lands in the field, ^j^8^^'eio»e8^jiicii are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the pre-emption claim of such settler ; and if they, or either of them, have been or shaU be reserved or pledged for the use of schools or col- leges in the State or Territory in which the lands lie, other lands of like quantity are appropriated in lieu of such as may be patented by pre-emptors ; and other lands are also appropriated to compensate deflcienoes for school purposes, where sections sixteen or thirty-six are fractional in quan- tity, or where one or both are wanting by reason of the town- ship being fractional, or from any natural cause whatever. 11 Stat. 385 ; 18 id. 202 ; E. S. 2275. Minnesota v. Bacheldei, 1 Wall. 109; Sherman v. Buick, 3 Otto, 209- Water and Mining Co. V. Bugbeo, 6 id. 165. Minnesota v. Bachelder, 7 Minn. 1"J1 ; Layton v. Farrell, 1 1 Nev. 451 ; Railway Co. v. Robinson, 49 Cal. 446. Decisions Sec. Int., March 14, 1862; March 28, 1873 (Copp's L. L. 483) ; March 10, 1876 ; April 12, 1879. Decision Com. G. L. O., June 13, 1879 {6 Copp's L. O. 153). Cir. G. L. O., May 17, 1844 (1 Lester's L. L. 492) ; Aug. 21, 1862 (Copp's L. L. 437). Selections to Sec. 377. The lands appropriated by the preceding sec- IfF^^oi s^ohToition shall be selected, within the same land district, in ao- lands. cordance with the following principles of adjustment, to wit : For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire GENERAL GRANTS TO STATES AND TEERITOEIES. 139 township, one section ; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters, of a township, three-quarters of a section ; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half, of a township, one-half section ; and for a fractional township, containing a greater quantity of land than one entire sec- tion, and not more than one-quarter of a township, one quarter-section of laud. 4 Stat. 179; 11 id. 380; IS id. 202; R. S. 2276. Decision Soc. Int., Deo. 2, 1876 (3 Copp's L. O. 172). Cir. G. L. O., May 17, 1844 (1 Lester's L. L. 4U2); Aug. 21, 1862 (Copp's L. L. 437); Jan. 5, 1872 (id. i83). Sec. 378. Where lands have been or may hereafter be roe-Bimpie to granted by any law of Congress to any one of the several ^f^i^^to^es States and Territories, and where such law does not convey and Territories. the fee-simple title of the lands, or require patents to be issued therefor, the list of such lands which have been or may hereafter be certified by the Commissioner of the Gen- eral Land Office, under the seal of his offlce, either as orig- inals or copies of the originals or records shall be regarded as conveying the fee-simple of all the lands embraced in such lists that are of the character contemplated by such act of Congress, and intended to be granted thereby ; but where lands embraced in such lists are not of the character em- braced by such acts of Congress, and are not intended to be granted thereby, the lists, so far as these lands are con- cerned, shall be perfectly null and void, and no right, title, claim, or interest shall be conveyed thereby. 10 Stat. 346 ; 18 id. 475 ; R. S. 2449. Shepley v. Cowan, 52, Mo. 559. Decisions Sec Int. (5 Copp's L. O. 158) ; Jan. 28, 1880 (6id. 193). Sec. 379. From and after the thirty-first day of December. in the year of our Lord one thousand eight hundred and forty- one, there shall be allowed and paid to each of the States of oeoda of sales of Ohio, Indiana, Illiuois, Alabama, Missouri, Mississippi, Lou- th^eii,''&o*° * isiana, Arkansas, and Michigan, over and above what each of the said States is entitled to by the terms of the compacts entered into between them and the United States, upon their admission into the Union, the sum of ten per centum upon the net proceeds of the sales of the pubUc lands, which, subsequent to the day aforesaid, shall be made within the limits of each of said States respectively : Provided, That Proviso, the sum so allowed to the said States, respectively, shall be in no wise affected or diminished on account of any sums which have been heretofore, or shall be hereafter, applied to the construction or continuance of the Cumberland road, but that the disbursements for the said road shall remain, as heretofore, chargeable on the two per centum fund pro- vided for by compacts with several of the said States. 5 Stat. 453. Decision Com. G. L. O., June 23, 1842. ■ Decision First Compt. of Treas., Oct. 10, 1842. Sec. 380. After deducting the said ten per centum, and Afterdednoting what, by the compacts aforesaid, has heretofore been allowed ^^'' TO3Fd'ne''tobe to the States aforesaid, the residue of the net proceeds, diinded among Certain States to be paid 10 per cent, on net pro- 140 GENERAL GRANTS TO STATES AND TERRITORIES. tie States, &c., which net proceeds shall be ascertained by deducting from of^he Union; ^jjg gross procecds all the expenditures of the year for the following objects : Salaries and expenses on account of the General Land Office; expenses for surveying pubUc lands ; salaries and expenses in the surveyor-general's ofiices ; sala- ries, commissions, and allowances to the registers and re- ceivers ; the five per centum to new States, of all the public lands of the United States, wherever situated, -which shall be sold subsequent to the said thirty -first day of December, shall be divided among the twenty-six States of the Union To he appued and the District of Columbia, and the Territories of Wiscon- tareamlydiStSin, lowa, and Florida, according to their respective federal representative population as ascertained by the last census, to be applied by the legislatures of the said States to such Proviso. purposes as the said legislatures may direct : Provided^ That the distributive share to which the District of Columbia shall be entitled, shall be applied to free schools, or education in some other form, as Congress may direct : And provided, also, That nothing herein contained shall be constnied to the prejudice of future applications for a reduction of the price of the public lands, or to the i^rejudice of applications for a transfer of the public lands, on reasonable terms, to the States within which they lie, or to make such future dis- position of the iiubhc lands, or any part thereof, as Congress may deem expedient. 5 Stat. 453. Decision Com. G. L. O., June 23, 1842. Decision First Compt. of Treas., Oct. 10, 1842. Net proceeds of Sec. 381. The scvcral sums of money received in the imd* , pfyab^o'it Treasury as the net proceeds of the sales of the public lands *elri'^'^"whS^®^*^^ ^^ P^^*^ ^* ^^^ Treasury half-yearly on the first day of year y, w m. j^jj^g^py g^jjjj j^]y ^ each year, during the operation of this act, to such person or persons as the respective legislatures of the said States and Territories, or the governors thereof, in case the legislatures shall have made no such appoint- ment, shall authorize and direct to receive the same. 5 Stat. 454. Money dno and Sec. 382. Any sum of moucy, which at any time may Ic?to bo flrst*ap^ become due, and payable to any State of the Union, or to Sf^d*e°bt 8™du'c *^® District of Columbia, by virtue of this act, as the por- united States, tiou of the Said State or District, of the proceeds of the sales of the public lands, shall be first applied to the payment of any debt, due, and payable from the said State or District, Proviso. to the United States : Provided, That this shall not be con- strued to extend to the sums deposited with the States under the act of Congress of twenty-third June, eighteen hundred and thirty-six, entitled "An act to regulate the deposits of the public money," nor to any sums apparently due to the United States as balances of debts growing out of the trans- actions of the revolutionary war. 5 Stat. 454. Length of con- Sec. 383. This act shall continue and be in force until ti^-rtion of this otherwise provided by law, unless the United States shall become involved in war with any foreign i)ower, in which event, from the commencement of hostilities, the four ])ie- ceding sections of this act shall be suspended during the GENERAL GRANTS TO STATES AND TEREITOEIES. 141 continuance of such war: Provided, nevertheless, That if, Proviso, prior to the expiration of this act, any new State or States shall be admitted into the Union, there be assigned to such new State or States, the proportion of the proceeds accruing after their admission into the Union, to which such State or States may be entitled, upon the principles of this act, together with what such State or States may be entitled to by virtue of compacts to be made on their admission into the Union. 5 Stat. 454. Sec. 384. There shall be annually appropriated for com- Not less than pleting the surveys of said lands, a sum not less than one*re^riated alnS- hundred and fifty thousand dollars; and the minimum aiiy for survej-s. price at which the public lands are now sold at private sale shall not be increased, unless Congress shall think proper to grant alternate sections along the line of any canal or other internal improvement, and at the same time to increase the minimum price of the sections reserved; and in case the same shall be increased by law, except as aforesaid, at any time during the operation of this act, then so much of this act as provides that the net proceeds of the sales of the public lands shall be distributed among the several States, shall, from and after the increase of the minimum price thereof, cease and become utterly null and of no effect, any- thing in this act to the contrary notwithstanding : Provided, ptotIso. That if, at any time during the existence of this act, there shall be an imposition of duties on imports inconsistent with the provisions of the act of March second, one thousand eight hundred and thirty -three, entitled "An act to modify the act of the fourteenth of July, one thousand eight hun- dred and thirty-two, and all other acts imposing duties on imports," and beyond the rate of duty fixed by that act,, to wit : twenty per cent, on the value of such imports, or any of them, then the distribution provided in this act shall be suspended and shall so continue until this cause of its sus- l>ension shall be removed, and when removed, if not pre- vented by other provisions of this act, such distribution shall be resumed. 5 Stat. 454. Sec. 385. Whenever any State shall have been or may Amount due on be in delianlt for the payment of interest or principal on by^unued'smes investments in its stocks or bonds, held by the United ^.^t^r^jS^t.^tp^^ States in trust, it shall be the duty of the Secretary of the sutesL case rf Treasury to retain the whole, or so much thereof as may be ^'^^f^ mterest!' necessary, of the percentage to which such State may be entitled, of the proceeds of the sales of the public lands within its limits, and apply the same to the payment of said interest or principal, or to the reimbursement of any sums of money expended by the United States for that purpose. 5 Stat. 801. Note. — For all special laws granting lands or the net proceeds thereof to the several States for any purpose, see ' ' Local and Temporary Laws," under the caption of each State. CHAPTER THIRTEEN, MINERAL LANDS. Sec. 386. Mineral lands reserved. 387. Mineral lands open, to purchase by citizens. 388. Length of mining claims npou veins or lodes. 389. Proof of citizenship. 390. Locators' rights of possession and en- joyment. 391. Owners of tunnels, rights of. 392. Subjects upon vrhich miners may make regulations. Conditions same are subject to. What miners' rec- ords shall contain. Annual expend- itures. Forfeiture and right of relocation. Mode of forfeiture for failure of co-owners to contribute to annual expenditures. 393. Patents for mineral lauds, how ob- +.aincd. Authority for agents to make applications and afndavita. 394. Adverse claim, proceedings on. 395. Description of vein claims on sur- veyed and unsurveyed lands. 396. Pending applications, existing rights. 397. Conformity of placer claims to sur- veys, limit of. 398. Snbdivisionsof ten-acre tracts; max- imum of placer locations. 399. Conformity of placer claims to sur- veys, limitation of claims, 400. What evidence of possession, &a, to establish a right to a patent 401. Proceedings for patent for placer claims, &.O. reserved. See. 402. Surveyor-General to appoint survey- ors of mining claims, &c. 403. Verifications of affidavits, &o. 404. Where veins intersect, &c. 405. Patents for nou-mineral lands, &c. 406. What conditions of sale may be made by local legislature. 407. Vested rights to use of water for min- ing, &c. ; right of way for canals. 40a. Pre-emption and homestead patents subject to vested and accrued water rights. 409. Mineral lands in which no valuable mines are discovered open to home- steads. 410. Mineral lands, how set apart as agri- cultural lands. 411. Additional land districts and officers, power of the President to provide. 412. Provisions of this chapter not to affect certain rights. 413. Mineral lands in certain States ex- cepted. 414. Deposits of coal, iron, and lead In Missouri and Kansas excepted. 415. Grants of lands to States or corpora- tions not to include mineral lands. 416. Entry of coal lands. 417. Pre-emption of coal lands. 418. Pre-emption claims of coal lands to be presented within sixty days, &c. 419. Only one entry allowed. 420. Conflicting claims. 421. Eights reserved. lands SEa 386. In all cases lands valuable for minerals shall be reserved from sale, except aa otherwise expressly directed by law. 14 Stat. 86; 18 W, 476; E. S. 2318. U. S. v. Gear, 3 How. 120; Cooper V. Roberts, 18 id. 73 ; U. S. v. Gratiot, 14 Pet. 526 ; Spar- row V. Strong, 3 Wall. 97 ; Secretary v. McGarrahan, 9 id. 298 ; Mor- ton V. Nebraska, 21 id. 660; Heydenfeldt v. Mining Co., 3 Otto, 634. U. S. V. Parrott, 1 McAllister, C. C. 272; U. S. v. Gratiot, 1 McLean, C. C. 454 ; Indiana v. Miller, 3 id. 151. 3 Op. Att. Gen. 277 ; 5 id. 247 ; 7 id. 636 ; 10 id. 184. Heydenfeldt v. Mining Co., 10 Nev. 290 ; Gold Hill Co. v. Ish, 5 Oreg. 104 ; Hicks v. Bell, 3 Cal. 219 ; Stoakcs v. Barrett, 5 id. 36 ; People v. Folsom, 5 id. 373 ; Conger v. Weaver, 6 id. 548; Nims v. Johnson, 7 id. HI ; Bogga V. Merced Mining Co., 14 id. 279; Burdge v. Smith, 14 id. 380; Moore v. Smaw, 17 id. 199; Lentz t'. Victor, 17 id. 272; Fremont V. Seals, 18 id. 4^3 ; Eogers i>. Sogg, 22 id. 444 ; Eupley r. Welch, • 23 id. 452 ; Doran v. Eailway Co., 24 id. 245 ; Wixon v. Bear River Co., 24 id. 367 ; Ah Yew e. Choate, 24 id. 562 ; Higgins v. Hough- ton, 25 id. 252 ; Morton r. Solambo Mining Co., 26 id. 527 ; Alford V. Barnnui, 45 id. 482 ; McLaughlin v. Powell, 50 id. 64 ; Titcomb V. Kirk, 51 id. 28S. Decisions Sec. Int., 6 Copp's L. O. 4 ; 7 id. 23. Decisions Com. G. L. O., Copp's Mg. Dec. 308; 2 Copp's L, O. 82: 7 id. 4. Cir. G. L. O., April 22, 1880. 142 MINEEAL LANDS. 143 Sec. 387. All valuable mineral deposits in lauds belong- Mineral lands ing to the United States, both surveyed and unsurveyed, bj™iMzen°'°'"^* are hereby declared to be free and open to exploration and purchase, and the lauds-iii which they are found to occupa- tion and purchase, by citizens of the IJnited States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs and rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States. 17 Stat. 91 ; 19 id. 52 ; E. S. 2319. Cooper v. Roberts, 18 How. 173 ; Sparrow I). Strong, 3 Wall. 97 ; Heydenfeldt v. Mininff Co., 3 Otto, 634 : Forbes v. Gracey, 4 id. 702. U. S. v. Parrott, 1 McAllister, C. C. 5i71 ; Chapman v. Toy Long, 4 Saw. C. C. 28; Mt. Diablo Mg. Co. V. Callison, 5 Saw. C. C. 439; Stroud v. Railway Co., 4 Dillon, C. C. 396. Hlbsoble v. Gildersleeve, U. S. Dist. Ct. Colo. 1880, in manuscript. 14 Op. Att. Gen. 115 ; id. Aug. 6, 1875, in manuscript. Rogers v. Cooney, 7 Nev. 213; Golden Fleece Co. v. Cable Mg. Co., 12 id. 312 ; Territory v. Lee, 2 Montana, 124 ; Gold HiU Co. V. Ish, 5 Oreg. 104 ; Hicks v. Bell, 3 Cal. 219 ; Stoakes v. Barrett, 5 id. 36 ; Tartar v. Spring Creek Co., 5 id. 395 ; Bridge v. Underwood, 6 id. 45 ; Mitchell v. Hargood, 6 id. 148 ; Conger v. Weaver, liid. 548; Crandall u. Woods, Sid. 136; Weimerr. Low- rey, 11 id. 104 ; Boges v, Merced Mg. Co., 14 id. 279 ; Henshaw v. Clark, 14 id. 461 ; ClaTk v. Duval, 15 id. 8b; Smith t: Doe, 15 id. 100; Moore v. Smaw, 17 id. 199 ; Lentz v. Victor, 17 id. 272 ; Fie- mont V. Seals, 18 id. 433 ; Logan v. DriscoU, 19 id. 623 ; Eupley v. Welch, 23 id. 452 ; Ensminger v. Mclntire, 23' id. 593 ; Doran i-. Railway Co., 24 id. 245; Richardson v. McNulty, 24 M. 339; Wixon V. Bear River Co., 24 id. 367 ; Ah Yew v. Choate, 24 id. 562 ; Hig- gins V. Houghton, 25 id. 252; Morton v. Solambo Mg. Co., 26 td. Wl ; Gibson v. Puchta, 33 id. 310 ; Levaroni v. Miller, 34 id. 231,; Alford v. Baruum, 45 id. 482; McLaughlin v. Powell, 50 id. 64; Laird v. Waterford, 50 id. 315 ; Titcomb c. Kirk, 51 id. 288. De- cisions Sec. Int., Aug. 26, 1871 (Copp's Mg. Deo. 60) ; Sept. 3, 1872 (id. 140) ; Jan. 2, 1875 (1 Copp's L. O. 178). Decisions Com. G. L. O., June 7, 1871 (Copp's Mg. Dec. 43); July 10, 1H73 {id. 209) ; July 15, 1873 {id. 316) : July 26, 1873 (iA. 214) ; May 2, 1874 (1 Copp's L. O. 4) ; Oct. 23, 1874 (1 id. 132) ; Jan. 30, 1875 {\id. 79) ; June 30, 1875 (1 W. 79); Deo. 3, 1875 ; April 24, 1876 (3 Copp's L. O. 18) ; Nov. 13, 1877 (4 id. 179); Sept. 30, 1879. Sec. 388. Mining claims upon veins or lodes of quartz or i,eQgth of min- oHier rock in place bearing gold, silver, cinnabar, lead, tin, in^ oiaima upon copper, or other valuable deposits, heretofore located, shall ™™^ be governed as to length along the vein or lode by the cus- tCHns, regulations, and laws in force at the date of their loca- tion, A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thou- sand five hundred feet in length along the vein or lode ; but no location of a mining claim shall be made until the dis- covery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, ncff shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. Tlie end lines of each claim shall be parallel to each other. 17 Stat. 91 ; 19 id. 52; R. S. 2320. Flagstaff Silver Mg. Co. v. Tar- bet, 8 Otto, 463. The Euueka case, 4 Saw. C. C. 302 : Mt. Diablo 144 MINERAL LANDS. Mg. Co. V. Callison, 5 id. 439. Mallett v. Uncle Sam Co. , 1 Nev. 188 ; State B. Rhodes, iid. 312; Foot ?>. National Mg. Co., 2 Montana, 402: Moxon v. Wilkinson, 2 id. 421 ; Prosser v. Parks, 18 Cil. 47 ; Logan V. Drisooll, 19 id. Gi3; Tunnel Co. v. Stranahan, 31 id. 387 ; Correa v. Frietas, 42 id. 339 ; Harvey v. Bryan, 43 id. C2G ; Tit- comb V. Kirk, 51 id. 288. Decision Sec. Int., Aug. 2G, 1874 (1 Copp's L. 0. 83). Decisions Com. G. L. O., Nov. 6, 1889 (Copp'a Mg. Dec. 23) ; Sept. 22, 1870 (id. 32) ; Aug. 4, 1871 (t(?. 57) ; Ang. 25, 1871 (id. 59) ; Marcii 19, 1873 (id. 164) ; May 1, 1873 (id. 195) ; May 20, 1873 (id. 201) ; June 17, 1873 (id. 207) ; July 10, 1873 (id. . 209) : Nov. 18, 1873 (id. 235) ; Feb. 11, 1875 (1 Copp's L. O. 179) ; Dec. 29, 1875 (2 id. 14G) ; Aug. 2-i, 1876 (3 id. 82) ; May 4, 1880 (7 id. 35). Proofofcitizen- Sec. 389. Proof of citizenship, xmder this chapter, may *■"?• consist, in the case of an individual, of Ms own affidavit thereof ; in the case of an association of persons unincor- porated, of the affidavit of their authorized agent, made on his own knowledge, or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, by the filing of a certified copy of their charter or certificate of incorporation. 17 Stat. 94; 19 id. 52; R. S. 2321. Craig v. Bradford, 3 Wheat. 594 ; Govemeur's heirs v. Robertson, 11 id. 332 ; Cross v. De Vallo, 1 Wall. 1; Osterman v. Baldwin, 6 id. 110; Phillips v. Moore, 10 Otto, 208. 5 Op. Att. Gen. 551 ; id. Aug. 6, 1875, in manuscript. Jackson v. Beech, .Johnson's Cases, 401. Decisions Sec. Int., Jan. 2, 1875,(1 Copp's L. O. 178) ; April 1, 1875 (2 id. 2) ; July 29, 1876 (3 id. 6a) ; July 26, 1879 (G. L. O. Rep. 1879, p. 157). Decisions Com. G. L. O., June 7, 1871 (Copp's Mg. Dec. 43) ; Aug. 13, 1872 (id. 134); Sept. 17, 1874 (1 Copp's L. O. 98) ; Oct. 28, 1875 (2 id. 114); April 14, 1876 '"(G. L. O. Rep. 1877, p. 83); July 18, 1876 (3 Copp's L. O. 69). tooators' rights Seo. 390. The locators of all mining locations heretofore elro^ent.°° ^"^ ™-^e or which Shall hereafter be made, on any mineral vein , lode, or ledge, situated oii the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two,' so long as they comply with the laws of the United States, and with State, Territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such .exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical linos of his claim to enter upon the surface of a claim owned or possessed by another. No possessory action between individuals, in any court of the United States, for the recovery of any mining title, or for MINERAL LANDS. 145 damages to any such title, shall be affected by the fact that the pai'amount title to the land on which such mines are, is in the United States, but each case shall be adjudged by the law of possession. 13 Stat. 441 ; 17 id. 91 ; 19 id. 52 ; E. S. 910, 2322. Sparrow v. Strong, 3 Wall. 97 ; Heydenfeldt v. Mining Co., 3 Otto, 634 ; Forbes v. Gracey, 4 i^. 762; Jennisonu. Kirk, 8id. 453: Flagstaft' Silver Mg. Co. V. Tarbet, 8 id. 463. The 420 Mg. Co. i). The Bullion Co., 3 Saw. C. C. 634; The Eureka Case, 4 id. 302; Chapman v. Toy Long, 4 id. 28; Kinney i). Con. Va. Mg. Co., 4 id. 382; Mt. Diablo Mg. Co. V. Calhson, 5 id. 439 ; Hibschle v. GUdersleeve, U. S. Dist. Ct. Colo. 1880, in manuscript. Hale et al. v. Story Co., 1 Nev. 104, People V. Logan, 1 id. 109; Leet v. John Daye Mg. Co., 6 id. 218; Overman Co. v. American Mg. Co., 7 id. 312; Golden Fleece Co. v. Cable Co., 12 id. 312 ; Lincoln v. Eogers, 1 Montana, 217 ; Nelson v. O'Neil, 1 id. 284 ; Buoher v. Mulverhill, 1 id. 306 ; Robertson v. Smith, 1 id. 410 ; Atkins v. Hendree, 1 Idaho, 107 : Gold Hill Mg- Co. V. Ish, 5 Oreg. 104; Patterson v. Hitchcock, 3 Colo. 533; Wolfley V. Lebanon Mg. Co. 4 id. 112 ; Fitzgerald v. Urton, 5 Cal- 308 ; Bridge v. Underwood, 6 id. 215 ; Mitchell v. Hargood, 6 id- US ; Sims v. Smith, 7 id. 149 ; Merced Mg. Co. v. Fremont, 7 id. 317 ; O'Keiff i>. Cunningham, 9 id. 589 ; State v. Moore, 12 id. 56 ; Merritt v. Judd, 14 id. 60 ; Boggs v. Merced Mg. Co., 14 id. 279; Henshaw v. Clark, 14 id. 461 ; Clark v. Duval, 15 id. 85 ; Smith «. Doe, 15 id. 100; Pennsylvania Mg. Co. v. Owens, 15 id. 135; Esmond v. Chew, 15 id. 137; Brown v. 49 and 56 Co., 15 id. 152; Gillan v. Hutchinson, 16 id. 154 ; Coryell v. Cain, 16 id. 567' ; Att- wood V. Frioot, 17 id. 38 ; English v. Johnson, 17 id. 108 ; Fremont V. Seals, 18 id. 433 ; Gore v. McBray er, 18 id. 582 ; Logan v. DriscoU, 19 id. 623 ; Tunnel Co. «. Stranahan, 20 id. 198 ; Rogers v. Soggs, 23i(J. 444; Gate wood u. McLaughlin, 23 id. 178 ; Hughes i;. Devlin, 23 id. 501 ; Ensminger v. Mclntire, 23 id. 593 ; Doran v. Railway Co., 24 id. 245 ; Richardson v. McNulty, 24 id. 339 ; Wixoni;. Bear River Co., 24 id. 367 ; Higgins v. Houghton, 25 id. 252 ; St. John V. Kidd, 26 id. 264 ; Depuy v. Williams, 26 id. 309 ; Morton v. Solambo Mg. Co., 26 id. 527; Hess v. Winder, 30 id. 349; Tunnel Co. V. Stranahan, 31 id. 387 ; Hardenburgh v. Bacon, 33 id. 356 ; Gibson v. Puchta, 33 id. 310 ; Levaroni v. Miller, 34 id. 231 ; Hess V. Winder, 34 id. 270; Pralus v. Jefferson Mg. Co., 34 id. 559; Pralusu. Pacific Mg. Co., 35 id. 30; Clark v. Willett, 35 id. 535; Maine Boys Co. v. Boston Co., 37 id. 40; Bradley i;. Lee, 38 id. 362 ; Correa v. Frietas, 42 id. 339 ; Harvey v. Bryan, 42 id. 626 ; Gregory v. Harris, 43 id. 38 ; Stone v. Bumpus, 46 id. 218 ; Quirk V. Tralk, 47 id. 453 ; Laird v. Waterford, 50 id. 315 ; Titcomb v. Kirk, 51 id. 288; Phoenix Co. v. Lawrence, S. C. Cal. 1880, in manuscript. Decisions Com. G. L. O., Sept. 28, 1878 (5 Copp'a L. O. 116); May 4, 18B0 (7 id. 35). Seo. 391. Where a tunnel is run for the development of a owne™ of tnn- vein or lode, or for the discovery of mines, the owners of °*i^> "stt ot such tunnel shall have the right of possession of all veins or lodes within three thousand feet from the face of such ttumel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discov- ered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by other parties after the commencement of the tunnel, and while the same Is being prosecuted with reasonable dili- gence, shall be invalid; but failure to prosecute the work on the tunnel for six months shall be considered as an aban- donment of the right to aU undiscovered veins on the line of such tunnel. 17 Stat. 92; 19 id. 52; E.S.2323. Tunnel Co. v. PeU,4 Colo. 507; Titcomb 'v. Kirk, 51 Cal. 288. Decisions Com. G. L. O., Sept. 20, 1872 (Copp's Mg. Deo. 144); April 15, 1873 (id. 193); Aug. 1,1873 10 L O 146 MINERAL LANDS. (id. 215) ; Ndv. 3, 1876 (3 Copp's L. O. 130) ; Aug. 30, 1877 (4 id. 102); Jan. 6, 1878 (5 id. 134). SuWeots upon Sec. 392. The miners of each mining district may make majmSe"!'^^ regulations not in conflict with the laws of the United iataons. States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold ]X)ssession of a mining claim, subject to the following requirements : The conditiona same location must be distinctly marked on the ground so that .^re subject to. j^g boundaries can be readily traced. All records of mining ■^at leers' claims hereafter made shall contain the name or names of TOcor SB con-^j^^ locators, the date of the location, and such a descrip- tion of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has .^^™i expend- been issucd therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year : Provided, That the period within which the work required to be done annually on all unpatented claims, so located, shall commence on the first day of Jan- uary succeeding the date of location of such claim. On all claims located prior to the tenth day of May, eighteen hun- dred and seventy-two, ten dollars' worth of labor shall be X^erformed or improvements made by the first day of Jan- uary, eighteen hundred and seventy-five, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim ; and where a person or company lias or may run a tunnel for the purposes of developing a lode or lodes, owned by said person or company, the money so expended in said tunnel shall be taken and considered as expended on said lode or lodes, whether located prior to ■or since the tenth day of May, eighteen hundred and sev- enty-two, and such person or company shall not be required to perform work on the surface of said lode or lodes in ■order to hold the same as required by said act. Upon a failure to comply with the foregoing conditions of annual expenditure, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made : Provided, yorfeitnre and That the Original locaters, their heirs, assigns, or legal rep- nght of reioca- rescutatives have not resumed work upon the claim after failure and before such location. Upon the failure of anyone of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have per- Modeof forfeit- formed the labor or made the improvements may, at the SJ-omeStoMn* expiration of the year, give such delinquent co-owner per- *ribnte to annual sonal uoticc in Writing or notice by publication in the «?PBn urea, jjewspapcr published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion of the expenditure required by this section, his interest in MINERAL LANDS. 147 the claim shall become the property of his co-owners who have made the required expenditures. . , 17 Stat. 92 ; 18 id. 61, 315 ; 19 id. 52 ; 21 id. 61 ; E. S. 2324. Location, Record, and Evidence: Campbell v. Rankin, 9 Otto, 261. Kinney v. Con. Va. Ms. Co., 4 Saw. C. C. 382. Hibsohle v. Gilder- sleeve, U. S. Dlst. Ct. Colo. 1880, ra manuscript. Mallett v. Uncle Sam Co., 1 Nev. 108; Van Valkenburgh v. Huflf, 1 id. 142; Chase «. Savage Mg. Co., 2 iiJ. 9 ; Rogers v. Cooney, 7 id. 213 ; Phillpotts V. Blasdell, 8 id. 61; Weill v. Lucerne Co., 11 id. 200; Golden Fleece Co. v. Cable Mg. Co., 12 id. 312; Gleason v. Martin White Co., 13 id. 442 ; Roberts v. Wilson, 1 Utah, 292 ; Connor v. McPhee, 1 Montana, 73 ; King v. Edwards, 1 id. 235 ; Bucher v. Mulverhill, 1 id. 306 ; Territory v. Ltee, 2 id. 124 ; Moxon v. Wilkinson, 2 id. 421 ; Murley v. Ennis, 2 Colo. 300 ; Sullivan v. Hense, 2 id. 424 ; Patterson v. Hitchcock, 3 id. 533 ; Wolfley v. Lebanon Co., 4 id. 112 ; Sears v. Taylor, 4 id. 38 ; Hicks v. Bell, 3 Cal. 219 ; Fairbanks «'. Woodhouse, 6 id. 433; Live Yankee Co. v. Oregon Co., 7 id. 41; Packer v. Heaton, 9 id. 569; McGarity v. Byington, 12 id. 431; Water Co. v. Mooney, 12 id. 534 ; Pennsylvania Mg. Co. v. Owens, 15 id. 135 ; Lombards v. Ferguson, 15 id. 372 ; Gillan v. Hutchinson, 16 id. 154 ; Roach v. Gray, 16 id. 383 ; Attwood v. Frlcot, 17 id. 38 ; English V. Johnson, 17 id. 108 ; Prosser v. Parks, 18 id. 47 ; Gore V. McBrayer, 18 id. 583 ; Downing v. Rankin, 19 id. 641 ; Tunnel Co. 1). Stranahan, 20 id. 198 ; Kelley v. Taylor, 23 id. 11 ; Coleman t). Clements, 23 id. 245 ; Maye v. Tappin, 23 id. 306 ; Draper v. Douglas, 23 id. 347 ; Gary v. Campbell, 24 id. 634 ; St. John v. Kidd, 26 id. 264; Morton v. Solambo Mg. Co., 26 id. 5^; Wilson D. Cleveland, 30 id. 192; Hess v. Winder, 30 id. 349; Patterson t). Keystone Mg. Co., 30 id. 360; Tunnel Co. v. Stranahan, 31 id. 387 ; King «. Kandlett, 33 id. 318 : Pralus v. Jefferson Mg. Co., 34 id. 559; Pralus v. Pacific Mg. Co., 35 id. 30; Bell v. Tunnel and Mg. Co., 36 id. 214 ; Bradley v. Lee, 38 id. 362 ; Hastings v. Devlin, 40 id. 358 ; Harvey v. Eyan, 42 id. 626 ; Strang v. Ryan, 46 id. 33 ; Meyers v. Parquharson, 46 id. 190 ; Quirk o. Tralk, 47 id. 453 ; McLaughlin v. Powell, 50 id. 64; Titcomb v. Kirk, 51 id. 288; Moreniaut v. Wilson, 52 id. 226; Stone v. Geyser, 52 id. 315; Holland v. M. A. G. Mg. Co., 53 id. 149 ; Gelcich v. Moriarity, 53 217 ; Phcenix Co. v. Lawrence, Myers v. Spooner, S. C. Cal. 1880, in manuscript. Decision Sec. Int., April 1, 1875 (2 Copp's L. O. 2). Decisions Com. G. L. O., May 16, 1873 (Copp's Mg. Dec. 200) : Aug. 28, 1876 13 Copp's L. O. 82); June 13, 1876 (3 id. 50); Oct. 20, 1876 (6 id. 122). Expenditures: Mt. Diablo Mg. Co. v. Callison, 5 Saw. C. C. 439. Decisions Sec. Int., Sept. 4, 1872 (Copp's Mg. Dec. 136) ; March 4, 1879 (6 Copp's L. O. 2). Decisions Com. G. L. O., March 11, 1875 (Skidmore, 47) ; Jan. 6, 1878 (5 Copp's L. O. 134) ; Aug. 20, 1879 (G. L. O. Eep. 1879, p. 144) ; Sept. 12, 1879 {id. 143) ; Oct. 20, 1879 (6 Copp's L. O. 122) ; May 1, 1880 (7 id. 20). Aiandonment and Forfdture : Hibschle v. Gildersleeve, U. S. Dist. Ct. Colo. 1880, in manuscript ; Mallett v. Uncle Sam Co., 1 Nev. 188; Oreamuns v. Uncle Sam Co., 1 id. 215; Weill v. Lucerne Co., 11 id. 200; King v. Edwards, 1 Montana, 235; Atkins v. Hendree, 1 Idaho, 107; Murley «. Ennis, 2 Colo. 300; Fairbanks v. Wood- house, 6 Cal. 433; Davis v. Butler, 6 id. 510; Ferris v. Cooper, 10 id. 589 ; Waring v. Crow, 11 id. 366 ; Gluckauf v. Eeed, 22 id. 468; Coleman v. Clements, 23 id. 245; Richardson v. McNulty, 24 id. 339; Wiseman v. McNulty, 25 id. 230; St. John v. Kidd, 26 id. 264 ; Depuy v. Williams, 26 id. 309 ; Wilson v. Cleveland, 30 id. 192 : Bell v. Tunnel and Mg. Co., 36 id. 214 ; Judsou v. Mulloy, 40 id. 300 ; Strang v. Eyan, 46 id. 33 ; Morenbaut v. Wilson, 52 id. 226; Myers «. Spooner, S. C. Cal. 1880, in manuscript. Relocations : Decisions Sec. Int., Nov. 6, 1873 (Copp's Mg. Deo. 191); ■ May 22, 1878 (5 Copp's L. 0. .50) ; June 29, 1878 (5 id. 66). Decis- ions Com. G. L. O., Sept. 25, 1873 (Copp's Mg. Dec. 225) ; April 21, 1876 (3 Copp's L. O. 37) ; Dec. 13, 1878 (5 id. 162). Transfers : Mining Co. ». Taylor, 10 Otto, 37. Kinney v. Con. Va. Mg. Co., 4 Saw. C. C. 382. Phillpotts v. Blasdell, 8Nev. 61 ; Weill V. Lucerne Co., 11 id. 200 ; Sullivan v. Hense, 2 Colo. 424 ; McCar- ron V. O'Connell, 7 Cal. 152; Clark v. MoElroy, 11 id. 154; Jack- 148 MINERAL LANDS. son V. Feather River Co., 14 id. 18; Attwood v. Fricot, 17 id. 39: Tunnel Co. v. Strauahan, 20 id. 198 ; Gatewood v. McLaugMin, 23 id. 178; Antonie Co. v. Ridge Co., 23 id. 219 ; Draper v. Douglas, 23 id. 347; Patterson v. Keystone Co., 23 id. 575; Richardson v. MoNulty, 24 id. 339; Cary i;. Campbell, 24 id. 634; Copper Hill Mg. Co. v.. Spencer, 25 id. 18 ; St. John v. Kidd, 26 id. 264 ; Duryea i;. Burt, 28 id. 569; Hess v. Winder, 30 id. 349; Patterson v. Key- stone Mg. Co., 30 id. 360 ; Goller v. Fett, 30 id. 481 ; Settembre v. Putnam, 30 id. 490; King d. Randlett, 33 id. 318; Hardenburgh V. Bacon, 33 id. 356 ; Blodgett v. Potosi Mg. Co., 34 id. 227 ; Fel- ger V. Coward, 35 id. 650 ; Meyers v. Farquharson, 46 id. 190. Decision Com. G. L. O., June 9, 1873 (Copp's Mg. Deo. 202). Co-oumers: The 420 Mg. Co. v. The Bullion Co., 3 Saw. C.C. 634, Mallett V. Undo Sam Co. , 1 Nev. 188 ; Chase v. Savage Co., 2 id, 9; Bucheru. Mulverhill, 1 Montana, 306; Murleyu. Ennis, 2 Colo. 300 ; Waring v. Crow, 11 Cal. 366 ; Gore v. McBrayer, 18 id. 582 Rowe V. Bacigalluppi, 21 id. 633 ; Coleman v. Clements, 23 id. 245 Hughes V. Devlin, 23 id. 501 ; Wiseman v. MoNulty, 25 id. 230 Morton v. Solambo Co., 26 id. 527; Duryea v. Burt, 28 id. 569 GoUer v. Fett, 30 id. 481 ; Settembre v. Putnam, 30 id. 490 Jones V. Clark, 42 id. 180 ; Taylor v. Castle, 42 id. 367 ; Decker v\ Howell, 42 id. 636; Strang v. Ryan, 46 id. 33. Decisions Com, G. L. O., July 19, 1876 (3 Copp's L. O. 66); June 9, 1877 (4 id. 50); Dec. 21, 1877 (5 id. 4). » Patentsformin- Sec. 393. A patent for any land claimed and located for *^i^^' ^°^ valuable deposits may be obtained in the foUowing manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field-notes of the claim or claims in common, made by or under the direction of the United States surveyor-general, showing accurately the boundaries of the claim or claims, which shall be dis- tinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such applica- tion for a patent, in a conspicuous place on the land em- braced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two per- sons that such notice has been duly posted, and shall file a copy of the notice iu such land office, and shall thereupon be entitled to a patent for the land, in the manner following : The register of the land office, upon the filing of such appli- cation, plat, field-notes, notices, and affidavits, shaU pubUsh a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim ; and he shall also post such notice in his office for the Same period. The claimant at the time of filing this application, or at any time thereafter^ within the sixty days of publication, shall file with the reg- ister a certificate of the United States surveyor-general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grant- ors ; that the plat is correct, with such further description by such reference to natural objects or permanent monu- ments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expi- ration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been MINERAL LANPS. 149 posted in a coBspicuous place on the claim during such pe- riod of publication. If no adrerse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists ; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. Where the claim- ant for a patent is not a resident of or within the land dis- trict wherein the vein, lode, ledge or deposit sought to be patented is located, the application for patent and the af- Authority for fidavits required to be made in this section may be made by agente to make his, her, or its authorized agent, where said agent is conver- a^aiiu.''* *" sant with the facts sought to be established, and this pro- vision shall apply to all applications for patents to mineral lands pending on the twenty-second day of January, eight- een hundred and eighty. 17 Stat. 92; 19 id. ,52; 21 id. 61; E. S. 2325. Applications : Decisions Sec. Int., Noy. 6, 1873 (Copp's Mg. Deo. 191) ; March 22, 1875 (2 Copp's L. O. 5); June 29, 1875 (G. L. O. Eep. 1876, p. 78) ; Jan. 3, 1877 (3 Copp's L. O. 196). Decisions Com. G. L. O., Sept. 21, 1872 (Copp's Mg. Dec. 145) ; Feb. 18, 1875 (id. 159); March 24, 1873 (id. 165) ; April 15, 1873 (id. 188); Jan. 22, 1873 (id. 157) ; Jan. 6, 1874 (id. 340) ; July 21, 1874 (1 Copp's L. O. 66) ; Aug. 18, 1874 (1 id. 83) ; Dec. 14, 1874 (1 id. 146) ; Jan. 2, 1875 (1 id. 178); Feb. 18, 1875 (Copp's Mg. Dec. 159); Aug. 17, 1875 (2 Copp's L. O. 82) ; Nov. 12, 1875 (2 id. 130) ; Dec. 20, 1875 (2 id. 146) ; April 29, 1876 (3 id. 18) ; April 20, 1877 (4 id. 35) ; Oct. 20, 1879 (6 id. 122). JgenU and Attorneys : Decision Sec. Int., March 2, 1880 (7 Copp's L. 0, 20). Decisions Com. G. L. O., Aug. 20, 1873 (Copp's Mg. Dec. 222) ; Aug. 26, 1879 (6 Copp's L. O. 92) ; Sept. 19, 1879 (G. L. O. Eep. 1879, p. 143) ; Oct. 20, 1879 (6 Copp's L. O. 122). Expenditures : Mt. Diablo Mg. Co. v. \Callison, 5 Saw. C. C. 439. Weeks' Mg. Laws, 113, 115, 116, 118, 120, 121. Decisions Sec. Int., Sept. 6, 1878 (6 Copp's L. O. 100) ; June 23, 1879 (7 id. 5). Notice: Wolfley u. Lebanon Co., 4 Colo. 112. Decisions Sec. Int., Dec. 5, 1871 (Copp's Mg. Dec. 70) ; Nov. 24, 1873 (id. 169) ; April 30, 1874 (1 Copp's L. O. 34) ; Jan. 2, 1875 (1 id. 178) ; April 1, 1875 (2 id. 2) ; Dec. 1, 1876 (3 id. 163). Decisions Com. G. L. O., June 19,1871 (Copp's Mg. Deo. 45); June 18, 1873 (id. 200); Nov. 12, 1873 (id. 234) ; July 21, 1874 (1 Copp's L. O. 66) ; Nov. 12, 1875 (2 id. 130); March 7, 1876 (2 id. 180); April 21, 1876 (3 id. 18); Dec. 1, 1876 (3 id. 163); Jan. 4, 1877 (3 id. 196); Aug. 26, 1879 (6 id. 92); Oct. 29, 1879; April 30, 1880. Payment : Decision Com. G. L. O., Jan. 30, 1873 (Copp's Mg. Dec. 157). • Protestants: Decisions Sec. Int., April 30, 1874 (1 Copp's L. O. 34); March 24, 1876 (4 id. 34) ; Feb. 17, 1877 (3 id. 194) ; March 10, 1877 (4 id. 3) ; July 21, 1879 (6 id. 73). Decisions Com. G. L. O., Aug. 17, 1874 (1 Copp's L. O. 82); Oct. 8, 1875 (2 id. 115). Patents: Decisions Sec. Int., Jan. 14, 1873 (Copp's Mg. Dec. 152); Jan. 2, 1875 (1 Copp's L. 0.178); March 22, 1875 (2 id. 5); April 1, 1875 (2 id. 2); March 4, 1875 (2 id. 82); July 21, 1879 (6 id. 73). Decisions Com. G. L. 0., Jan. 21, 1869 (Copp's Mg. Deo. 18); July 22, 1869 (id. 21) ; April 18, 1870 (id. 30) ; Jan. 2, 1872 (id. 72) ; Feb. 27 1872 (id. 79) ; April 4, 1872 (id. 85) ; April 5, 1872 (id. 88) ; Oct. 2, 1872 (k 146); March 8, 1873 (id. 162); July 26, 1873 (id. 213); Oct. 22, 1873 (id. 227) ; March 14, 1874 (1 Copp's L. 0. 2) ; June 22, 1875 (2 id. 98) ; Oct. 26, 1875 (2 id. 114) ; Deo. 20, 1875 (2 id. 146) ; Feb. 25, 1876 (2 id. 178); Jan. 15, 1880 (6 id. 171). 150 MINERAL LANDS. Bight of Purchase : The 420 Mg. Co. v. The BulUou Co. , 3 Sa-w. C. C. 634 ; Chapman v. Toy Long, 4 id. 28. Titcomb v. Kirk, 51 Cal. 288. Surveys : Decisions Sec. Int., May 22, 1878 (5 Copp's L. 0. 50) ; Sept. 6, 1878 (5 id. 100); Aug. 2, 1880 (8 Wash. Law. Rep. 540): Aug. 16, 1880. Decisions Com. G. L. 0., April 17, 1873 (Copp's Mg. Deo. 193): Sept. 11, 1873 (mJ.223); Jan. 6, 1874 (id. 340); Nov. 5, 1874 (1 Copp's L. O. 133) ; April 24, 1876 (3 id. 18) ; Aug. 28, 1876 (3 id. 82); AprillO, 1877 (5 id. 51); Nov. 30, 1877 (5id.l8); Oct. 20, 1879 (6 id. 122) ; May 4, 1880 (7 id. 35) ; June 17, 1880 (7 id. 51) ; Aug. 9, 1880 (7 M. 82). Advene claim, Seo. 394. Where an adverse claim is filed during the proceedings on. pej-jQ^ gf publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all pro- ceedings, except the publication of notice and making and filing of the affidavit thereof, shaU be stayed until the con- troversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment- roll with the register of the land office, together with the certificate of the surveyor-general that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the receiver five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment-roll shall be certified by the register to the Commissioner of the General Land Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightiy possess. If it appears from the decision of the court that several parties are entitled to separate and difter- ent portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the surveyor-general, whereupon the register shall certify the proceedings and judgment-roll to the Commissioner of the General Land OfSbe, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Ifothing herein con- tained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever. 17 Stat. 93 ; 19 id. 52 ; R. S. 2326. The Eurelsa Case, 4 Saw. C. C. 302. Golden Fleece Co. v. The Cable Co., 12 Nev. 312 ; Sears v. Taylor, 4 Colo. 38. Decisions Sec. Int., March 11, 1872 (G. L. O. Rep. 1873, p. 43); May 27, 1872 (G. L. O. Rep. 1H73, p. 19); Feb. 24, 1873 (Copp's Mg. Dec. 101); Oct. 28, 1873 {id. 161); Aug. 9, 1874 (2 Copp's L. O. 98); Sept. 9, 1874 (1 id. 98); Jan. 2, 1875 (1 id. 178); March 22, 1875 (2 id. 5); Feb. 12, 1876 (2 id. 178); Dec. 26, 1876 (3 id. 162); Feb. 17, 1877 (3 id. 195); Feb. 17, 1877 (G. L. O. Rep. 1877, p. 129); April 17, 1877 (4 Copp's L. 0. 34); Jan. 3, 1877 MINERAL LANDS. 151 (3 id. 196); July 14, 1877 (4 id. 66); Sept. 27, 1877 (G. L. O. Eep, 1877, p. 135); May 31, 1879 (6 Copp's L. O. 73); June 25, 1879 (G. L. O. Rep. 1879, p. 148); July 17, 1879 {id. 145). Decisions Com. G. L. O., Dec. 39, 1871 (Copp's Mg. Deo. 76); Jan. 14, 1873 (id. 156); June 9, 1873 (id!. 202); Nov. 24, 1873 {id. 145); July 21, 1874 (1 Copp's L. O. 66); Oct. 24, 1874 (1 id. 132); Dec. 14, 1874 (1 id. 146); May 12, ln76 (3 id. 36); Dec. 19, 1878 (5 id. 162); Sept. 12, 1879 (6 id. 1 05) ; Sept. 19, 1879 (6 id. 105) ; Feb. 28, 1880 (7 id. 50); April 15, 1880 (7 id. 51); June 28, 1880 (7 id. 50); July 15, 1880 (8 Wash. Law Eep. 4C1). Sec. 395. The description of vein or lode claims, upon pesorijitioii of surveyed lands, shall designate the location of the claim Jn^oyelXdiS' with reference to the lines of the public surveys, but need surveyed lands. not conform therewith ; but where a patent shall be issued for claims upon un surveyed lauds, the surveyor-general, in extending the surveys, shall adjust the same to the boundar ries of such patented claim, according to the plat or de- scription thereof, but so as in no case to interfere with or change the location of any such patented claim. 17 Stat. 94; 19 id. 52; E. S. 2327. Sec. 396. Applications for patents for mining claims un- pending appB- der former laws now pending may be prosecuted to a final °?;Jj,"g^' «^^'i"8 decision in the General Land Office; but in such cases where adverse rights are not affected thereby, patents may issue in pursuance of the provisions of this chapter ; and all patents for mining claims upon veins or lodes heretofore issued shall convey all the rights and privileges conferred by this chapter where no adverse rights existed on the tenth day of May, eighteen hundred and seventy-two. 17 Stat. 94; 19 id. 52; E. S. 2328. Sec. 397. Claims usually called "placers," including aU conformity of forms of deposit, excepting veins of quartz, or other rock in ^^oysf ^h o'£" place, shall be subject to entry and patent, under like circum- stances and conditions, and upon similar proceedings, as are provided for vein or lode claims ; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conforiri to the legal sub- divisions of the public lar;ls. 16 Stat. 217 ; R. S. 2329. Chapman v. Toy Long, 4 Saw. C. C. 28. Moxon V. Wilkinson, 2 Montana, 421. Decisions Sec. Int., Marcli 4, 1879 (6 Copp's L. O. 4). Decisions Com. G. L. O., Feb. 12, 1872 (Copp's Mg. Dec. 78) ; April 18, 1873, {id. 194) ; April 25, 1874 (1 Copp's L. O. 18). Sec. 398. Legal subdivisions of forty acres may be sub- SnbdiTisionsor divided into ten-acre tracts ; and two or more persons, or mSdSnm o? piS^ associations of persons, having contiguous claims of any oer locations. size, although such claims may be less than ten acres each, may make joint entry thereof; but no location of a placer claim, made after the ninth day of July, eighteen hundred and seventy, shall exceed one hundred and sixty acres for any one person or association of persons, which location shall conform to the United States surveys ; and nothing in this section contained shall defeat or impair any bona- fide pre-epiption or homestead claim upon agricultural lands, or authorize the sale of the improvements of any bona-flde settler to any purchaser. 16 Stat. 217 ; E. S. 2330. Campbell v. Adams, U. S. Dist. Ct. Colo. 152 MINERAL LANDS. 1880, in manuscript. Decisions Com. G. L O., March 1, 1871 (Copp's Mg. Deo. 40) ; Jan. 20, 1873 (id. 157 ) ; July 10, 1873 (id. 211) ; Oct. 23, 1873 (id. 229) ; Nov. 20, 1873 (id. 235) ; Nov. 21, 1874 ( 1 Copp's L. 0. 134) ; Sept. 20, 1879 (G. L. O. Rep. 1879, p. 143). Conformity of Sbc. 399. Where placer claims are upoa surveyed lands, Lrveys" lii^it^ and Conform to legal subdivisions, no further survey or plat tion of claims, shall be required, and all placer-mining claims located after the tenth day of May, eighteen hundred and seventy-two, shall conform as near as practicable with the United States system of public land surveys, and the rectangular subdi- visions of such surveys, and no such location shall include more than twenty acres for each individual claimant ; but where placer claims cannot be conformed to legal subdivis- ions, survey and plat shaU be made as on unsurveyed lands ; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead or pre-emption purposes. 17 Stat. 94; 19 id. 52; R. S. 2331. Campbeli v. Adams, U.S.Dist. Ct. Colo. 1880, in manuscript. Decisions Com. G. L. O., May 19, 1873 (Copp's Mg. Dec. 200) ; Aug. 27, 1873 (id. 222). What evidence Seo. 400. Where such person or association, they and &o^ to'e^atabusi *^®^ grantors, have held and worked their claims for a a right to a pat- period equal to the time prescribed by the statute of limita- ""*• tions for miaing claims of the State or Territory where the same may be situated, evidence of such iiossession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this chapter, in the absence of any adverse claim; but nothing in this chapter shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or prop- erty thereto attached prior to the issuance of a patent. 16 Stat. 217; R. S. 2332. The 420 Mg. Co. v. The Bullion Co., 3 Saw. C. C. 634. Davis v. Clark, 2 Montana, 310 ; Maine Boys Co. V. Boston Co., 37 Cal. 40. Proceedingafor Sec. 401. Where the same person, association, or corpo- 'lwm,*&c! "^ ration is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of this chapter, including such vein or lode, upon the payment of five dollars per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of two dollars and fifty cents per acre, together with all costs of proceedings ; and where a vein or lode, such as is described in section three hundred and eighty-eight, is known to exist within the boundaries of a placer claim, an applicatioh for a patent for such placer claim, which does not include an application for the vein or lode olaim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a MINEEAL LANDS. 153 placer claim is not known, .a patent for the placer claim shall convey aU valuable mineral and other deposits within the boundaries thereof. 17 Stat. 94 ; 19 id. 52 ; E. S. 2.333. Decision Com. G. L. O., Oct. 17, 1873 (Copp's Mg. Dec. 226). Sec. 402. The surveyor-general of the United States Surveyor-gen- may appoint in each land district containing mineral lands t^reyomoF^- as many competent surveyors as shall apply for appoint- ^s claims, &o ' ment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Commissioner of the General Land Office shall also have power to establish the maximum charges for surveys and publication of notices under this chapter ; and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such j)aper ; and, to the end that the Commis- sioner may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register and the receiver of the land office, which statement shall be trans- mitted, with the other papers in the case, to the Commis- sioner of the General Land Office. 17 Stat. 95; 19 id. 62; E. S. 2334. Decision Com. G. L. O., Aug. 6, 1872 (Copp's Mg. Dec. 131). Sec. 403. All affidavits required to be made under this verification o/ chapter may be verified before any officer authorized to *®**'^'^ *""• administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register and receiver of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land ; and the register shall require proof that such notice has been given. 17 Stat. 95; 19 id. 52; E. S. 2335. Decisions Com. G. L. O., July 21, 1874 (1 Copp's L. O. 66); Jan. 27, 1876 (2 id. 162). Sec. 404. Where two or more veins intersect or cross each where veins other, priority of title shall govern, and such prior location *"t«"^=<'o'' ^■ shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right of way through the space of iutersection for the 154 MINERAL LANDS. purposes of the convenient -working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection. 17 Stat. 96; 19 id. 52; E. S. 2336. Decisions Sec. Int., Feb. 24, 1873 (Copp's Mg. Dec. 96, 101); July 31, 1879 (6 Copp's L. O. 73). Decision Com. G. L. 0., Feb. 25, 1876 (2 Copp's L. 0. 178). Patentsfornon- gjjfj 4Q5 Where nou-mineral land not contiguous to the vein or lode is used or occupied by the proprietor 01 such vein or lode for mining or milling purposes, such non-adja- jent surface-ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes ; but no location hereafter made of such non- adjacent land shall exceed five acres, and payment for the same must be made at the same rate as fixed by this chap- ter for the superficies of the lode. The owner of a quartz- mill or reduction-works, not owning a mine in connection therewith, may also receive a patent for his mill-site, as provided In this section. 17 Stat. 96 ; 19 id. 52 ; E. S. 2337. Decision Sec. Int., April 29, 1876 (3 Copp's L. O. 67). Decisions Com. G. L. 0.,,Oct. 11, 1872 (Copp's Mg. Deo. 147) ; April 16, 1873 {id. 193) ; May 20, 1873 {id. 201) ; March 10, 1874 (1 Copp's L. O. 1) ; Oct. 21, 1875 (2 id. 114); Sept. 24, 1879. What condi- Sec. 406. As a Condition of sale, in the absence of neces- be m^^e^by S ^^'^ legislation by Congress, the local legislature of any legislature. State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development ; and those conditions shall be fully expressed in the patent. 14 Stat. 252; 19 id. 52; K. S. 2338. Vested rights Sec. 407. Whenever, by priority of possession, rights to for'odii^g^&o't^® ^s® of water for mining, agricultural, manufacturing, or right of -way for Other purposcs, havc vested and accrued, and the same are canals. rccoguized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same ; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construc- tion of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. 14 Stat. 253 ; E. S. 2339. Atoliison v. Peterson, 20 Wall. 507 ; Basey V. Gallagher, 20 id. 670; Jennison v. Kirk, 8 Otto, 453. Decis- ions Com. G. L. O., Nov. 23, 1869 (Copp's Mg. Deo. 24) ; April 16, 1871 {id. 42) ; March 21, 1872 {id. 82). Patents, pre- gEC. 408. AU patents granted, or pre-emption or home- hm^este^' s^^- steads allowed, shall be subject to any vested and accrued jeot to vested and ^ater-rights, or rights to ditches and reservoirs used in rights?* ^^ " ' connection with such water-rights, as may have been acquired under or recognized by the preceding section. 16 Start. 218 : R. S. 2340. MINEEAL LANDS. 155 Seo. 409. Wlierever, upon the lands heretofore designated Mineral iand» as mineral lands, which have been excluded from survey ^le ^"^l^e and sale, there have been homesteads made by citizens of^"^]^^^^^^"^ the United States, or persons who have declared their in- ° °™*' ^^ tention to become citizens, which homesteads have been made, improved, and used for agricultural purposes, and upon which there have been no valuable mines of gold, sil- ver, cinnabar, or copper discovered, and which are properly agricultural lands, the settlers or owners of such homesteads shall have a right of pre-emption thereto, and ,shall be en- titled to purchase the same at the price of one dollar and twenty-five cents per acre, and in quantity not to exceed one hundred and sixty acres ; or they may avail themselves of the provisions of chapter eight, relating to " Homesteads." 14 Stat. 253;, E. S. 2341. Ah Yew v. Choate, 24 Cal. 562; Alford v. Bamum, 45 id. 482. Decisions Sec. Int., Feb. 12, 1872 (Copp's Mg. Dec. 77); May 6, 1872 {id. 93); July 10, 1872 (id. 128, 130); Deo. 14, 1872 {id. 133); Jan. 3, 1876 (2 Copp's L. O. 146); Feb. 5, 1876 (2 id. 180; 3 id. "2); Deo. 20, 1876 (4 id. 102); April 5, 1877 (4 id. 19) ; June 21, 1877 (5 id. 3); Feb. 16, 1878 (5 id. 3); March 4, 1879 (6 id. 4) ; Dec. 22, 1879 (7 id. 23) ; April 7, 1880 (7 id. 36). Decisions Com. G. L. O., Nov. 14, 1872 (Copp's Mg. Dec. 148) ; Oct. 21, 1871 {id. 60); Dec. 2, 1872 {id. 150); March 12, 1873 {id. 163): July 10 1873 {id. 208); Nov. 11, 1873 (id. 233); Aug 4, 1875 (2 Copp's L. O. 84) ; Feb. 18, 1875 (1 id. 180) ; June 21, 1876 (3 id. 50); Oct. 24, 1876 (3 id. 130); March 21, 1877 (4 id. 2); March 26, 1877 (4 id. 17>; Nov. 6, 1879 (6 id. 135). Cir. G.L. O., April 22, 1880 (7 Copp's L. O. 36). Seo. 410. Upon the survey of the lands described in the Mineral lands, preceding section, the Secretary of the Interiftr may desig- agTi^ouit^f^a! nate and set apart such portions of the same as are clearly lands. agricultural lands, which lands shall thereafter be subject to pre-emption and sale as other public lands, and be sub- ject to all the laws and regulations applicable to the same. 14 Stat. 253; E. S. 2342. Ah Yew v. Choate, 24 Cal. 562 : Alford v. Barnum, 45 id. 482. Decisions Sec. Int., Feb. 12, 1872 (Copp's Mg. Dec. 77); May 6, 1872 {id. 93); July 10, 1872 {id. 128, 130); Dec. 14, 1872 {id. 133); Jan. 3, 1876 (2 Copp's L. O. 146); Feb. 5, 1876 (2 id. 180 ; 3 id. 2) ; Dec. 20, 1876 (4 id. 102) ; April 5, 1877 (4 id. 19) ; June 21, 1877 (5 id. 2) ; Feb. 16, 1878 (5 id. 3) ; March 4, 1879 (6 id. 4); Dec 22, 1879 (7 id. 23); April 17, 1880 (7 id. 36). De- cisions Com. G. L. O., Nov. 14, 1872 (Copp's Mg. Deo. 148); Oct. 21, 1871 {id. 60) ; Deo. 2, 1872 {id. 150) ; March 12, 1873 {id. 163) ; July 10, 1873 {id. 208); Nov. 11, 1873 {id. 233); Aug. 4, 1875(2 Copp's L. O. 84); Feb. 18, 1875 (1 id. 180); June 21, 1876 (3 id. 50) ; Oct. 24, 1876 (3 id. 130) ; March 21, 1877 (4 id. 2) ; March 26, 1877 (4 id. 17) ; Nov. 6, 1879 (6 id. 135). Cir. G. L. O., April 22, 1880 (7 Copp's L. O. 36.) Sec. 411. The President is authorized to establish ad- Aiiditionaiiana ditional land districts, and to appoint the necessary officers ^;?^™^^,"^/t^; under existing laws, wherever he may deem the same neces- President to pro- sary for the public convenience in executing the provisions'" ^^ of this chapter. 14 Stat- 252; E. S. 2343. Sec. 412. lirothing contained in this chapter shall be con- ^.j^p^^^^'O'^J ^J^ strued to impair, in any way, rights or interests in miniagto'affecTce^iteL property acquired under existing laws; nor to affect therfgiita. provisions of the act entitled "An act granting to A. Sutro the right of way and other privileges to aid in the construe- 156 MINERAL LANDS. tion of a draining and exploring tunnel to the Comstock lode, in the State of Kevada," approved July twenty-five, eighteen hundred and sixty-six. 16 Stat. 218: 17 id. 96; 19 id. 53; E. S. 2344. Decision Sec. Int., Aug. 30, 1878 (5 Copp's L. O. 198). Decisions Com. G. L. O., MarcliS, 1873 (Copp's Mg. Dec. 162); March 29, 1873 (id. 179); May 27, 1876 (3 Copp's L. O. 34). ^ MioOTg landa Sec. 413. The provisions of the preceding sections of this «xo^ted. ° chapter shall not apply to the mineral lands situated in the States of Michigan, Wisconsin, and Minnesota, which are declared £r^ and open to exploration and purchase, accord- ing to legal subdivisions, in like manner as before the tenth day of May, eighteen hundred and seventy-two. And any bona-fide entries of such lands within the States named since the tenth day of May, eighteen hundred and seventy-two, may be patented without reference to any of the foregoing provisions of this chapter. Such lands shall be offered for public sale in the same manner, at t^e same minimum price, and under the same rights of pre-emption as other public lands. 17 Stat. 465; E. S. 2345. Decision Com. G. L. 0., July 21, 1876 (3 Copp's L. O. 132). Dopositsofcoai, Sec. 414. Within the State of Missouri and Kansas de- Mi^B°?nri*^P*^^^*® ^^ coal, irou, lead, or other mineral are excluded from Kansasexoepted. the Operation of the preceding sections of this chapter, and all lands in said States shall be subject to disposal as agri- cultural lands. 19 Stat. 52.' Grants of lands Seo. 415. K'o act passed at the first session of the Thirty- sporatims not to ^ig^*!^ Congrcss, granting lands to States or corporations mciude mineral to aid in the Construction of roads or for other purposes, or '^^^^ to extend the time of grants made prior to the thirtieth day of January, eighteen hundred and sixty -five, shall be so con- strued as to embrace mineral lands, which in aU cases are reserved exclusively to the United States, unless otherwise specially provided in the act or acts making the grant; and all mineral lands are excepted from the operation and grants of laws heretofore granting lands to the State of Colorado. 13 Stat. 576; 18 id. 476; E. S. 2346. Heydenfeldt v. Mg. Co., 3 Otto, 634. Boggs V. Merced Mg. Co., 14 Cal. 279; Burdge v. Smith, 14 id. 380 ; Doran v. Eailway Co., 24 id. 452 ; Higgins v. Houghton, 25 id. 252 ; McLaughlin v. Powell, 50 id. 64. Decisions Sec. Int., May 20, 1870 (Copp's Mg. Dec. 31); April 28, 1873 ; April 30, 1879. Decisions Com. G. L. O., Feh. 5, 1879 (5 Copp's L. O. 178); Dec. 19, 1879 (6 id. 152). Entij of joai Sec. 416. Every pcrson abovc the age of twenty -One years, Unds. -^v-ho is a citizen of the United States, or who has declared his intention to become such, or any association of persons severally qualified as above, shaU, upon application to the register of the proper land oflce, have the right to enter, by legal subdivisions, any quantity of vacant coal lands of the United States not otherwise appropriated or reserved by competent authority, not exceeding one hundred and sixty acres to such individual person, or three hundred and twenty acres to such association, upon payment to the receiver of not less than ten dollars per acre for such lands, where the MINERAL LAN-DS. 157 same shall be situated more than fifteen miles from any com- pleted railroad, and not less than twenty dollars per acre for such lands as shall be within fifteen miles of such road. 17 Stat. 607; E. S. 2347.. Stroud v. Railway Co., 4 DiUon, C. C. 396. Decisions .Com. G. L. O., Aug. 11, 1873 (1 Copp's L. 0. 2); Maroh 28, 1874 (1 id. 3) ; May 25, 1874 (3 id. 34) ; Nov. 3, 1874 (3 id. 135). Seo. 417. Any person or association of persons severally Pre-emption oS qualified, as above provided, who have opened and im- ""^^ '™'^°' proved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual pos- session of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved : Provided, That when any associatiou of not less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such associ- ation may enter not exceeding six hundred and forty acres, including such mining improvements. 17 Stat. 607; R.S.2348. Sec. 418. All claims under the preceding section must^j^'^^-empti"" be presented to the register of the proper land district within ikn" to°b6 °pre- sixty days after the date of actual possession and the com- sfxwdaj^'&c ' mencement of improvements on the land, by the filing of a ' " declaratory statement therefor ; but when the township plat is not on file at the date of such improvement, filing must be made Within sixty days from the receipt of such plat at the district ofSce ; and where the improvements shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventy- three, sixty days &om the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed untU the expiration of six months from the third day of March, eighteen hundred and seventy-three. 17 Stat. 607; E. S. 2349. Decision Com. G. L. O., Aug. 11, 1873 (1 Copp's L. O. 3). Sec. 419. The three preceding sections shall be held to au- Oniy one entrj thorize only one entry by the same person or association of *"°'^®* persons ; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions ; and all persons claiming under section four hundred and seventeen shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims ; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. 17 Stat. 607 ; E. S. 2350. 158 MINERAIi LANDS. Conflicting Seo. 420. In case of conflicting claims upon coal lands claims. where the improvements shall be commenced, after the third day of March, eigliteen hundred and seventy -three, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have al- ready been made prior to the third day of March, eighteen hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue aU needful rules and regulations for carrying into effect the provisions of this and the four preceding sections. 17 Stat. 607 ; E. S. 2351. Eights reserved. Se '. 421. Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper, 17 Stat. 607 ; E. S. 2352. CHAPTER FOURTEEN. WATER RIGHTS. Sec. 423. Vested rights to use water for mining, &c. ; right of way for canals. 423. Patents, pre-emptions, and home- steads, subject to vested and ac- crued water rights. Sec. 424. Conditions for use of water on publio lands for reclamation. 425. Navigable rivers within publio lands to be publio highways. Seo. 422. Whenever, by priority of possession, rights to vestedrightsts the use of water for mining, agricultural, manufacturing, or ^i^°|_^^~j:i Jj^ other purposes, have vested and accrued, and the same areofwaytorcanaia. recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same ; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construc- tion of any ditch or canal, injures or damages the posses- sion of tiny settler on the public domain, the party commit- ting such injury or damage shall be liable to the party injured for such injury or damage. 14 Stat. 253; E. S. 2339. Atchison v. Peterson, 20 Wall. 507; Basey v. Gallagher, 20 id. 670: Jenuison v. Kirk, 8 Otto, 453; Broder v. Water and Mining Co., S. C.,Oct. T. 1879, in manu- script. Union Mill and Mining Co. v. Ferris, 2 Saw. 0. C. 176. Lobdellw. Simpson, 2 Nev. 274; Lobdell v. HaU, Sid. 507; Min- ing Co. V. Carpenter, 4 id. 534; Robinson v. Imperial Silver &c., 5 id. 44 ; Covington v. Becker, 5 id. 281 ; Hobart v. Ford, 6 W. 77 ; Proctor V. Jennings, 6 id. 83 ; Vansickle v. Haines, 7 id. 249 ; Dal- ton V. Bowker, 8 id. 201 ; Barnes v. Sabron, 10 id. 217 ; Shoemaker V. Hatch, 13 id. 261 ; Elvers v. Bnrbank, 13 id. 398 ; Caruthers v. Pemberton, 1 Montana, 111 ; Wilson v. O'Neil, lid.28i; Mining Co. V. Halter, 1 id. 296; Noteware v. Stems, 1 id. 311; Parks v. Bark- ley, 1 id. 514 ; Woolman v. Garringer, 1 id. 535 ; Atchison v. Peter- son, 1 id. 561 ; Barkley v. Fileke, 2 id. 59 ; Fabian v. ColKns, 2 id. 510; Schilling ti. Eominger, 4 Colo. 100; Eddy v. Simpson, 3 Gal. 249 ; Irwin v. PhiUips, 5 id. 140 ; Hill v. Newman, 5 id. 445 ; Kelly V. Water Co., 6 id. 105 ; Hoffman v. Stone, 7 id. 47 ; Sims v. Smith, 7 id. 149 ; Maeris v. Bricknell, 7 id. 262 ; Tenney v. Miners' Ditch Co., 7 id. 335 ; Coker v. Simpson, 7 id. 341 ; Park v. KOham, 8 id. 78; Crandall v. Woods, 8 id. 136; Thompson v. Lee, 8 id. 275; Leigh Co. v. Independent Ditch Co., 8 id. 323 ; Bear Elver &c. Co. V. N. Y. Mining Co., 8 id. 327 ; HQl v. King, 8 id. 337 ; White V. Todd, 8 id. 443 ; O'Keiffer v. Cunningham, 9 id. 589 ; Weaver v. Conger, 10 id. 233 ; Wolf v. St. Louis Ind. Water Co., 10 id. 413 ; Hof&nan v. Tuol, 10 id. 417 ; Weimer v. Lowrey, 11 id. 104 ; Butte Canal Co. v. Vaughn, 11 iU. 143 ; Kimball v. Gearhart, 12 id. 27 ; McGarrity i;. Byington, 12 id. 426; Ortman v. Dixon, 13 id. 33; McDonald v. Bear Elver, &c., 13 id. 220 ; Burnett v. Whitesides, 15 id. 35 : Clark v. Duvall, 15 id. 85 ; Edmond v. Chew, 15 id. 137 ; McDonald v. Bear Elver &c., 15 id. 145; Kidd v. Laaxd, 15 id. 161 ; Weaver v. Eureka Lake Co., 15 id. 271 ; Butte T. M. Co. v. Morgan, 19 id. 609 ; McKinney v. Smith, 21 id. 374 ; Coleman v. Clements, 23 id. 245 ; Eupley v. Welch, 23 id. 452 ; Everett v. Hy- draulic Co., 23 id. 225 ; Phoenix Water Co. v. Fletcher, 23 id. 481 ; Netoma Water and Mining Co. v. McCoy, 23 id. 490 ; Bear Elver &c. V. Boles, 24 id. 359 ; Wixon v. Bear Elver Co., 24 id. 367 ; Crary i). Campbell, 24 id. 634; Wiseman v. McNulty, 25 id. 230; 159 160 WATER RIGHTS. Union Water Co. v. Crary, 25 id. 504 ; St. John v. Kidd, 26 id. 264; Bradley v. Harknees, 26 id. 69; American v. Bradford, 27 {(^, 360 ; Hill o. Smith, 27 id. 476 ; Ferrea v. ICnipe, 28 id. 340 ; Mc- Donald V. Askew, 29 id. 200 ; Henderson v. McNaughton, 31 id. 26 ; Davis v. Gale, 32 id. 26 ; Gibson d. Puchta, 33 id. 310 ; Ricli- ardson v. Kier, 34 id. 63; Nevada Water Co. v. Powell, 34 id. 109;. Clark V. Willett, 35 id. 535 ; Campbell v. B. R. and W. M. Co., 35 id. 679; Richardson v. Kier, 37 id. 267; Gregor v. Nelson, 41 id. 279 ; Hanson v. McCune, 42 id. 303 ; Correa v. Frietas, 42 id. 339 ; Smith V. O'Hara, 43 id. 371 : Stone v. Bumpns, 46 id. 218 ; Ogbum V. Connor, 46 id. 347 ; Qnirk v. Tralk, 47 id. 453 ; Broder v. N. W. andM. Co., 50 id. 621 ; Reynolds v. Hosmer, 51 id. 205; Titoomb v. Kirk, 51 id. 288 ; Cave r. Crafts, 53 id. 135. Decisions Com. G. L. O., Nov. 23, 1869 (Copp's Mg. Deo. 24) ; April 16, 1871 (id. 42) ; March 21, 1872 {id. 82). Patents, pre- Seo. 423. All patents granted, or pre-emption or home- hra^eatMdl' 8™'^ ^*®^*^^ allowed, Shall be subject to any vested and accrued ject to vested ana water-rights, or rights to ditches and reservoirs used in con- ri|hto.^ ■^"^^'^'nection with such water-rights, as may have been acquired under or recognized by the preceding section. 16 Stat. 218; E. S. 2340. Union Mill. andMg. Co. v. Ferris, 2 Saw. C. C. 176; Union Mill and Mining Co., v. Dangberg, 2 id. 451. Vansickle v. Harris, 7 Nov.- 249; Barnes v. Sabron, 10 id. 217; Thorp D. Freed, 1 Montana, 652, Ogburn v. Connor, 46 Cal. 347; Broder v. N. W. and M. Co., 50 id. 621. Decisions Com. G. L. O., April 16, 1871 (Copp's Mg. Dec. 42); March 21, 1872 (id. 82). Conditions for gj;fi. 424. The right to the use of water for the reclama- pnbUo lands for tiou of descrt lauds, in accordance with the provisions of reclamation. g^ g^g|. approved March third, eighteen hundred and seventy- seven, shall depend upon bona-flde prior appropriation : and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irri- gation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacturing purposes subject to existing rights. 19 Stat. 377. Nayigabie riy- Sec.*425. All navigable rivers, within the territory occu- SSiu tofepnbuS pied by the public lands, shall remain and be deemed pub- highways. Ho highways ; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. 1 Stat. 468; 2 id. 235 ; E. S. 2476. New Orleans v. U. S., 10 Pet. 662; PoUard u. Hagen, 3 How. 212; Pollard v. Kibble, 9 id. 471 ; Hullett t;. Beebe, 13 id. 25; Withers v. Bnckley, 20 id. 84; RaU- way Co. V. Schuimeir, 7 Wall. 272; Yates v. Milwaukee, 10 id. 497; The Daniel Ball, 10 id. 557; The MonteUo, 11 id. 411, 20 id. 430 ; Barney v. Keokuk, 4 Otto, 324. Woodman v. Kilbum, 1 Abbott, C. C. 158 ; Avery v. Fox, i id. 246 ; Northern Union Packet Co. V. Atles, 2 Dillon, C. C. 479; Forsyth v. Small, 7 Bissell, C. C. 201 ; Grange v. Snart, 1 Woolw. C. C. 88. Vansickle v. Har- ris, 7 Nev. 249; Leake v. Tolls, 8 id. 286; Gavit v. Chambers, 3 Ohio, 496; Blanohard v. Porter, 11 id. 138; Walker v. Board of PubUo Works, 16 id. 540; Gilman v. Eiassell, 18 Mich. 144; Wat- son V. Peters, 26 id. 508; Treat v. Bates, 27 id. 390; Bay City Gas Light Co. V. Industrial Works, 28 id. 181 ; Att'y-Gen. v. Evart Booming Co., 34 id. 462; Jones v. Pettibone, 2 Wis. 308; Walker V. Stephenson, 4 id. 486 ; Mariner v. Schulte, 13 id. 692 ; Timm v. Bear, 29 id. 254 ; Wright v. Day, 33 id. 260; Oleson v. Merrill, 42 id. 203; Delaplane v. Railway Co., 42 id. 214; Borman v. Sun- WATER RIGHTS. 161 nuches, 42 id. 233; Diediioli v. Railway Co., 42 id. 248; Stevens Point Boom Co. v. Reiily, 44 id. 295; same case, 46 id. 237; Ha- zeltine v. Core, 46 id. 391; Rippe t. Railway Co., 23 Mimi. 18; Bresbiue v. Railway Co., 23 id. 114; McManusu. Carmiohael, 3 Iowa, 1 ; Haight v. Keokuk, 4 id. 405 ; Tomlin v. Railway Co., 32 id. 106; Masseri). Hershey, 43 id. 356; Hougliton v. Railway Co., 47 id. 370 ; Bainbridge v. Sherlock, 29 Ind. 364 ; Martin v. Evans- ville, 32 id. 85; Sherlock v. Bainbridge, 41 id. 35; Ridgeway*. Ludlow, 58 id. 248: Taylor v. Fickas, 64 id. 168; Midffleton v. Pritohard, 4 Ills. 510 ; People v. St. Louis, 10 id. 351 ; Trustees v. Haven, 10 id. 548 ; Stolp v. Hoyt, 44 id. 219 ; Chicago v. Laflin, 49 id. 172; Chicago v. McGinn, 50 id. 266; Hubbard v. BeU, 54 id. 110 ; Lovington v. County of St. Claire, 64 id. 56 ; Braxton v. Bressler, 64 id. 488 ; Houck v. Yates, 82 id. 179 ; Lamers v. Nissen, 4 Neb. 245 ; Weise v. Smith, 3 Ores. 445: Brown v. Kentfield, 50 Cal. 129 ; O'FaUen v. Doggett, 4 Mo. 209 : Benson v. Morrow, 61 id. 345 ; Duvoige v. Salter, 6 La. Ann. 450 ; Boykin v. Shaffer, 13 id. 129. Decision Com. G. L. O. Feb. 20, 1874 (Copp's L. L. 763). Manual of Surveying Instructions (1 Lester's L. L. 714). CHAPTER FIFTEEN. DONATIONS. For all laws granting donation rights to citizens of tlie^^^J["jj»j™aii( several States, see " Local and Temporary Laws," under the caption of each State. U L O CHAPTER SIXTEEN. DESERT LANDS. Sm. 426. Deiert lands may be puichased. Deolaration. Right to use water. Water on public lands to be free. Contents of declaration. Perfec- tion of title. Limitation upon quantity. Seo. 427. Definition of desert lands. 428. Localities to -which the law applies. Desert laud* may be p ur- obaaed. Sec. 426. It shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to be- come such" and upon payment of twenty-five cents per Declaration, acrc — to file a declaration under oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years thereafter, Provided Right to nat however That the right to the use of water by the per- fat»r. gQjj gQ conducting the same, on or to any tract of desert land of sis hundred and forty acres shall depend upon bona- water on pub- Ade prior appropriation : and such right shall not exceed lie free. lands •» *>« the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation : and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources of water supply upon the public lands and not nav- igable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and mannfac- Contentsofdeo- turing purposcs subjeot to existing rights. Said declaration laration. shall dcscribe ijarticularly said section of land if surveyed, and, if unsurveyed, shall describe the same as nearly as Perfection of POSsiblc without a survcy. At any time within the period tine. of three years after filing said declaration, upon making sat- isfactory proof to the register and receiver of the reclama- tion of said tract of land in the manner aforesaid, and upon the payment to the receiver of the additional sum of one dollar per acre for a tract of land not exceeding six hundred and forty acres to any one person, a patent for the same Limitationnpon shaU be issucd to him. Provided, That no person shall be qnantity. permitted to enter more than one tract of land and not to exceed six hundred and forty acres which shall be in com- pact form. 18 Stat. 497; 19 id. 377. Decisions Seo. Int., Feb. 11, 1880 (7 Copp's L. O. 8) ; April 15, 1880 (7 id. 26). Decisions Com. G. L. O. , April 8, 1875 (2 Copp's L. 0. 44) ; (6 id. 192) ; March 30, 1880 (7 id. 26). Cir. G. L. 0., March 12, 1877 (4 Copp's L. O. 22) ; June 25, 1878 (5 id. 78); Oct. 1, 1878; July 16, 1879 (6 Copp's L. 0.76). General Cir., Sept. 1, 1879, p. 27. (For authorities relating to water-rights see see. 422). 162 DESERT LANDS. 163 Sec. 427. All lands exclusive of timber lands and mineral ^g^^*^" °' lands which will not, without irrigation, produce some agri- cultural crop, shall be deemed desert lands, within the mean- ing of this act, which fact shall be ascertained by proof of two or more criedible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. 18 Stat. 497; 19 id. 377. Sec. 428. This chapter shall only apply to and take effect Looautius to- inthe States of California, Oregon and Nevada, and the^^f *''«'*^'"'- Territories of Washington, Idaho, Montana, Utah, Wyoming Arizona, New Mexico and Dakota, and the determination of what may be considered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. 18 Stat. 497; 19 id. 377. CHAPTER SEVENTEEN. REPAYMENTS OF PURCHASE MONEY. Bee 429. Purchase moDey refunded -wliere sale cannot be confirmed. 430. Eefunding in certain cases, liow done. 431. Repayments on void soldiers' addi- tional homestead locations. Sec. 432. 433. Purchase money, fees, and commis- sions on erroneous entries, or where sales cannot be confirmed. Regulations for repayments. War- rants on Treasury for same. Purchaaemonoy Sec. 429. The Secretary of the Interior is authorized, upon Ili^rann^^^be proof being made, to his satisfaction, that any tract of land confirmed. has been erroneously sold by the United States, so that from any cause the sale cannot be confirmed, to repay to the pur- chaser, or to his legal representatives or assignees, the sum of money which was paid therefor, out of any money in the Treasury not otherwise appropriated. 4 Stat. 80 ; 11 id. 387 ; R. S. 2362. 2 Op. Att. Gen. 186 ; 3 id. 92, 240; 4 id. 277. Decisions Sec. Int., Aag. 17, 1849; Feb. 26, 1852 (1 Lester's L L. 673) ; March 8, 1852 (1 id. 671) ; July 24, 1852 {lid. 672); Dec. 19, 1853 {lid. 673); Nov. 21, ia57 (1 id. 67.5); Jan. 18, 1859 {lid.676); March25,1859(l W. 677); June 25, 1859 (lid. 677); Aug. 9, 1859 (1 id. 675) ; July 23, 1864 ; Dec. 27, 1870 ; Dec. 19, 1873; March 3, 1874; Feb. 8, 1878; April 15, 1878; June 3, 1878; Aug. 5, 1878 ; Aug. 12, 1878 ; Aug. 15, 1878 (5 Copp's L. 0. 1-27) ; Sept. 5, 1878 ; Sept. 23, 1878 ; Nov. 20, 1878 ; May 7, 1879 ; May 25, 1879; June 26, 1879 (6 Copp's L. O. 96) ; July 1, 1879 (6 id. 96) ; July 29, 1879 (6 id. 95); Jan. 8, 1880 (6 id. 192) ; Feb. 11, 1880 (7 id. 8). Decisions Sec. Treas., March 11, 1831 (2 Laws, Instructions, and Opinions, 440) ; April 17, 1832 (2 td. 460) ; April 20, 1877 (4 Copp's L. 0. 110). Decisions Com. G. L. O., Aug. 31, 1830 (2 Laws, In- structions, and Opinions, 432) ; Dec. 20, 1858 (1 Lester's L. L. 675) ; July 18, 1871; Sept. 20, 1872; April 12, 1875; Jan. 27, 1876 (2 Copp's L. O. 180); June 7, 1879; Sept. 12, 1879. Cir. G. L. 0., Aug. 31, 1830 (1 Lester's L. L. 667) ; Sept. 12, 1843 (1 id. 669); Jan. 12, 1854 {lid. 070); Aug. 7, 1878 (5 Copp's L. 0. 110); June 27, 1879; Aug. 6, 1880 (7 Copp's L. 0. 90). Eefunding in Sec. 430. Where any tract of land has been erroneously ceirtainoa8ea,how g^j^^ ^^ described in the preceding section, and the mouey which was paid for the same has been invested in any stocks held in trust, or has been paid into the Treasury to the credit of any trust fund, it is lawful, by the sale of such portion of the stocks as may be necessary for the purpose, or out of such trust fund, to repay the purchase money to the parties entitled thereto. 11 Stat. 388 ; R. S. 2363. Sec. 431. In all cases where it shall be made to appear home to the Satisfaction of the Secretary of the Interior, upon due proof, that innocent parties have paid the fees and commis- sions and excess payments required ujjon the location of soldiers' additional homestead claims, located under sec- tion two hundred and thirty-seven, which claims were found to be fraudulent and void after location and the entries or locations made thereon canceled, the Secretary of the Inte- 164 Repay: void soldiers' ad- ditional Btead locations. EEPAYMENTS OP PURCHASE MOliTEY. 165 nor is authorized to repay to such innocent parties the fees and commissions, and excess payments paid by them, upon the surrender of the receipts issued therefor by the receivers of public moneys, out of any money in the Treasury not otherwise appropriated, and shall be payable out of the ap- propriation to refund purchase money on lands erroneously sold by the United States. 21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp'8,L. O. 90). Sec. 432. In all cases where homestead or timber-culture Purchase mon- or desert-land entries or other entries of pubUo lands have^fon'a^n™™: heretofore or shall hereafter be canceled for conflict, orroneousentriesor where, from any cause, the entry has been erroneously al-notlbecraton^! lowed and cannot.be confirmed, the Secretary of the Interior shall cause to be repaid, out of any money in the Treasury not otherwise appropriated, to the person who made such entry, his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commis- sioner of the General Land Office ; and in all cases where parties have paid double-minimum price for land which has afterwards been found not to be within the limits of a rail- road land grant, the excess of one dollar and twenty-five .cents per acre shall in like manner be repaid to the pur- chaser thereof, or to his heirs or assigns. 21 Stat. 287. Cir. G. L. 0., Aug. 6, 1880(7 Copp's L. 0. 90). Seo. 433. The Commissioner of the General Land Office EegniatioMfor shall make all necessary rules, and issue all necessary in- wir*r^nt»°*o*ii struction s, to carry into effect the foregoing section s relating Treasury for to repayments, and the Secretary of the Interior shall draw '™*' his warrant on the Treasury for the repayment of all pur- chase money, fees, commissions and excesses, and the same shall be paid without regard to the date of the caneeUation of the entries. 21 Stat. 287. Cir. G. L. O., Aug. 6, 1880 (7 Copp's L. O. 90). CHAPTER EIGHTEEN RESERVATIONS. Beo. 434. Reserrations in Florida, how sold. 435. Sale of military sites under general laws prohibited; proviso as to Florida. 436. Minimum price, how fixed, when res- ervations are sold. Sec. 437. Reservations, how surveyed. 438. Sale of buildings belonging to United States. 439. Sale of lands with buildings. Beservatioiifl In Horida.liowsold. Proviso. ProTiao as Florida. Sec. 434. All public lands ■ heretofore reserved for mili- tary purposes in the State of Florida, which, in the opinion of the Secretary of War, are no longer useful or desired for such purposes, or so much thereof as said Secretary may designate, shall be placed under the control of the General Land Office, and be disposed of and sold in the same man- ner and under the same regulations as other public lands of the United States : Provided, That said lands shall not be so placed under the control of the General Land Office until the opinion of the Secretary of War, giving his consent, is- communicated to the Secretarj^ of the Interior in writing and filed and recorded. 11 Stat. 87. tit^^wi^fm- ^^^' ^^^' Military sites which are or may become useless era! laws prolib- for military purposes shall not be subject to sale or pre emp- ited. ^JQn under any of the laws of the United States : Provided, *o That this section shall not apply to military sites in the State of Florida, the sale of which is authorized by the pre- ceding section. 11 Stat. 336. hmj^tod ^en ^^^' ^^^- Whenever any reservation of public lands is reservations Bold, brought into market, the Commissioner of the General Land Oflce shall fix a minimum price, not less than one dollar and twenty -five cents per acre, below which such lands shall not be disposed of. 13 Stat. 374; R. S. 2364. Sec. 437. Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same' shall be surveyed under the direction and control of the General Land Offtce, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. 13 Stat. 41; R. S. 2115. inmbeione^^^o ^^^- *^^- ^^® Secretary of the Interior is authorized to thlumtedlfeies. causc all such buildings belonging to the United States, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons em- ployed amongst the Indians, to be sold whenevei' the iamls 166 Eeservatloni how Borveyed. EESEEVATIONS. 167 on which the same are erected have become the property of the United States, and are no longer necessary for such pur- poses. 5 Stat. 611 ; E. S. 2122. Seo. 439. The Secretary of the Interior is authorized to -i^tJiaji™*' cause to be sold, at his discretion, with each of such build- **' ings as are mentioned in the preceding section, a quantity of land not exceeding one section ; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee-simple for such lands and tenements. 5 Stat. 611; E.S.2123. Note. — For la'ws reserving timl)er lands for naval purposes, see Tim- ber and Timber Culture, chapter ix. For acts reserving lands for public parks and for other purposes, see "Local and Temporary Laws" relating to the States and Territories in which such reservations are located. For authority of President to make reservations for public purposes, see Wilcox v. Jackson, 13 Pet. 498 : IT. S. v. Fitzgerald, 15 id. 407 ; U. S. V. Chicago, 7 How. 185; U. S.«. Stone, 2 Wall. 525; Wolcott t>. De» Moines Co., 5 id. 681 ; Grisar v. McDowell, 6 id. 363. CHAPTER NINETEEN, EASEMENTS. Sec, 450. Private lands and possessory claims, how condemned. 451. Profile of road claiming benefits, when to be filed. Disposal of lands subject to right of way. Forfeiture of righ fc. 452. Application of this act. 453. Eight to alter, amend, &o. 454. Use of public domain by telegraph company. 455. Use of materials from pubUo lands. 456. These rights not transferable. 457. Government to have priority in trans- mission of messages. 458. Government entitled to pm^chase lines. 459. Acceptance of obligations to be filed. 460. Penalty for refusal to transmit dis- patches. 461. Timber lands to be patented subject to accrued right of way and water- rights. Seo. 440. Navigable rivers public highways. Streams not navigable, banks of. 441. Eight of way for highways over pub- he lands. 449. If lands granted for right of way are not used, &o., to revert to the Gov- ernment. 443. Mineral locators' rights of possession and enjoyment. 444. Eight of way in intersecting veins in mines. 445. What conditions of sale may be made by local legislature. 446. Vested rights to use of water for min- ing, &o. ; right of way for canals. 447. Patents, pre-emptions, and home- steads subject to vested and ac- crued water-rights. 448. Eight of way, materials, station- grounds, &c., granted to railroads. 449. Bights of several railroads through caHon, pass, or defile. Crossing at grade. Wagon roads, rights of Navigable riv- Seo. 440. All navigable rivers, within the territory occu- ers^jnBiio high- pjg^ ^^y. ^j^g public lands, Shall remain and be deemed public streams not highways; and, in aU cases where the opposite banks of any navigable, banks streams not navigable belong to different persons, the stream " ' and the bed thereof shall become common to both. 1 Stat. 468; 2 id. 235 ; E. S. 2476. R'gi!* «f -^ay Sec. 441. The right of way for the construction of high- overpilucYaS ways ovcr public lands, not reserved for public uses, is hereby granted. 14 Stat. 253: E. S. 2477. Eailway Co. v. Gordon, S. C. Mich., Oct. T. 1879 (7 Copp's L. O. 158). If lands grant- Sec. 442. If any rail or plank road or macadamized turn- w/are^taseafpike Company to whom the right of way or sites for water- &«•.«> revert to ing places, dcpots and work-shops over and through the the Government, ^^^^j^ j^^^^ ^^ ^^^ United States was granted by the act of Congress approved August fourth, eighteen hundred and fifty -two, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts sha March second, eighteen hundred and sixty-seven, and va an c amis. ^^^ ^^^ scctiou of the act of Juuc tenth, eighteen hundred and seventy-two, providing for the adjustment of private land claims in the States of Florida, Louisiana and Mis- souri, the validity of the claim has been, or shall be, here- after, recognized by the Supreme Court of the United States, and the court has decreed that the plaintiff or plaintiffs is or are entitled to enter a certain number of acres upon the public lands of the United States, subject to private entry at one dollar and twenty-five cents per acre, or to receive certificate of location for as much of the land, the title to which has been established as has been disposed of by the United States, certificate of location shall be issued by the Commissioner of the General Land Office, attested by the seal of said office, to be located as provided for in the sixth section of the aforesaid act of Congress of June twenty- second, eighteen hundred and sixty, or applied according to the provisions of this section; and said certificate of loca- tion or scrip shall be subdivided according to the request of the confirmee or confirmees, and, as nearly as practicable, in conformity with the legal divisions and subdivisions of the public lands of the United States, and shall be, and are hereby declared to be, assignable by deed or instrument of writing, according to the form and pursuant to regulations prescribed by the Commissioner of the General Land Office, so as to vest the assignee with all the rights of the original owners of the scrip, including the right to locate the scrip in his own name ; such scrip shaU be received from actual settlers only in payment of pre-emption claims or in commutation of homestead claims, in the same manner and to the same ex- tent as is now authorized by law in the case of military bounty-land warrants. 12 Stat. 85, 86; 20 id. 274, 275. (For authorities see Sec, 342.) Note. — For acts providing for the adjustment of private laud claims in the different States and Territories, see "Local and Temporary Laws," under the caption of each State and Territory, CHAPTER TWENTY-ONE. MISCELLANEOUS PROVISIONS RELATING TO THE PUBLIC LANDS. Sec. 460. Cases of suspended entries of public lands and suspended pre-emption claims. Adjudications under above, how ap- proved. 468. Eeport of adjudications under pre- ceding, sections. Decisions to be arranged into classes. Patents to issue for lands in the first class, and lands in the second class to revert to the United States. Commissioner to order into market lands of second class. 472. Patents surrendered and new ones issued in certain cases. Extent of foregoing provisions. Copies of records, &c., to be certified. Exemplifications valid without names of officers signing and countersign- ing. 476. Lands of United States by whatso- ever title acquired, not to be occu- pied, possessed, or settled but with consent of United States. Titles of intruders forfeited. 467. 469, 470, 471. 473 474, 475, Seo. 476. (Continued.) President authorized to remove in- truders. Mode of removal. Marshal, &c., authorized under in structions fcom the President to oust intruders. 477. Forging, counterfeiting, or passing military bounty-land warrants. 478. Authentication of foreign records re- lating to lands. 479. Pequry in oaths used in land offices. 480. Forgery of letters patent. 481. Forgery of bid, pubUc record, &c. 482. Forging deed, power of attorney, &c. 483. Having forged papers in possession. 484. Dispossessed occupants of land to have remedies in certain cases. 485. Connection of other railroads with Union Pacific, &c. 486. Inter- state communication. 487. Compensation of directors, &c., ap- pointed by the United States. Pat- ents for lands, when withheld. Sec. 466. The Commissioner of the General Land Office cases of ans- is authorized to decide upon principles of equity and justice, pubUo'^ilnd^^^d as recognized in courts of equity, and in accordance with suspended ^ra- regulations to be settled by the Secretary of the Interior, the ""p*'™ "^™^ Attorney- General, and the Commissioner, conjointly, consist- ently with such principles, all cases of suspended enfries of public lands and of suspended pre-emption land claims, and to adjudge in what cases patents shall issue upon the same. 9 Stat. 51 : 10 id. 258; 11 id. 22; 18 id. 50; 19 id. 244: E. S. 2450- 14 Op. Att. Gen. 636, 645. Decisions Sec. Int., Dec. 27 (1 Lester's L. L. 484); May 12, 1859 (1 id. 486); May 26, 1859 (1 id. 488); Aug. 12, 1859 (1 id. 487) ; Oct. 6, 1859 (1 id. 490) ; Dec. 2, 1859 (1 id. 491) ; May 19, 1871 (Copp's L. L. 753) ; Nov. 3, 1871 (id. 755) ; Nov. 13, 1872 lid. 755); March 31, 1873 (id. 755); April 11, 1876 (3 Copp's L. O. 19) ; June 27, 1878 (5 id. 101) ; Dec. 5, 1878 (5 id. 146) ; May 28, 1880 (7 id. 91). Decision Com. G. L. O., Sept. 3, 1878 (5 Copp's L. 0. 117). Rules and Eegulations, Oct. 3, 1846 (1 Lester's L. L. 482); March 13, 1847 (1 id. 483); March 16, 1854 (1 id. 484) ; April 25, 1877 (G. L. O. Eep. 1877, p. 100). Sec 467. Every such adjudication shall be approved by Aajudioations the Secretary of the Interior and the Attorney-General, ™^,^„7^j".™- '">" acting as a board ; and shall operate only to divest the United States of the title of the lands embraced thereby, without prejudice to the rights of conflicting claimants. 9 Stat. 51: 19 id. 244; E. S. 2451. 14 Op. Att. Gen. 636, 645. De- cisions Sec. Int., Aug. 12, 1859 (1 Lester's L. L. 487); June 27, 1878 (5 Copp's L. O. 101). Rules and Eegulations, Oct. 3, 1846 (1 Lester's L. L. 482) ; April 25, 1877 (G. L. O. Eep. 1877, p. 100). 12 L O 177 178 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS. di?X^''m'^er ®^^- *^^- ^^® Comniissioner is directed to report to Oon- preoeding sec- gress at the first session after any such adjudications have tions. jjggjj made a list of the same under the classes prescribed by law, with a statement of the principles upon which each class was determined. 9 Stat. 51 ; E. S. 2452. Decisions to be Sbc. 469. The Commissioner shall arrange his decisions eiafses.^^'' ^^° into two classes ; the first class to. embrace all such cases of equity as may be finally confirmed by the board, and the second class to embrace all such cases as the board reject and decide to be invalid. 9 Stat. 51 : E. S. 2453. Rules and Eegulations, Oct. 3, 1846 (1 Lester's L. L. 482); April 25, 1877 (G. L. 0. Eep. 1877, p. 100). Patents to issue Sbc. 470. For all lands covered by claims which are placed tot^oiMs™a*na ™ ^^^ ^^^^ class, patents shaU issue to the claimants ; and lands in second all lauds embraced by claims placed in the second class shall theum^tedstotet! Jpso facto revcrt to, and become part of, the public domain. 9 Stat. 51; E. S. 2454. Commissioner Sbo. 471. It may be lawful for the Commissioner of the iieriamd™of™ec- General Land Office to order into market, after due notice, end class. without the formality and expense of a proclamation of the President, all lands of the second class, though heretofore unproclaimed and unoffered, and such other isolated or dis- connected tracts or parcels of unoffered lands which; in his judgment, it would be proper to expose to sale in like man- ner. But public notice of at least thirty days shall be given by the land officers of the district in which such lands may be situated, pursuant to the directions of the Commissioner. 9 Stat. 51 ; R. S. 2455. 14 Op. Att. Gen. 636. Patents sui- Sec. 472. Where patents have been already issued on en- o^issuldi^TOr ^^^^ which are confirmed by the officers who are constituted tain oaaes. the board of adjudication, the Commissioner of the General Landf)ffice, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such confirmation, to the iierson who made the entry, his heirs or assigns. 10 Stat. 258; R. S. 2456. Extent of fore- Seo. 473. The preceding provisions from section four hun- gomgproTisions. ^^^ ^^^ sixty-six to scction four hundred and seventy-two, inclusive, shall be applicable to all cases of suspended en- tries and locations, which have arisen in the General Land Office since the twenty-sixth day of June, eighteen hundred and fifty-six, as well as to all cases of a similar kind which may hereafter occur, embracing as well locations under bounty-land warrants as ordinary entries or sales, including homestead entries and pre-emption locations or cases ; where the law has been substantially complied with, and the error or informality arose from ignorance, accident, or mistake which is satisfactorily, explained; and where the rights of no other claimant or pre-emptor are prejudiced, or where there is no adverse claim. 11 Stat. 2-2; R. S. 2457. ordrto ° toTe ^^^' ^^^" ^^® Commissioner of the General Land Office cerSfled? ' " " shall cause to be prepared, and shall certify, under the seal MISCELLANEOUS PEOVISIONS RELATING TO PUBLIC LANDS. 179 of the office, such copies of records, books and papers on file in his office, as may be applied for, to be used in evi- dence in courts of justice. All exemplifications of patents, or papers on file or of record in the General Land Office, which may be required by parties interested, shall be fur- nished by the Commissioner upon the payment by such parties at the rate of fifteen cents per hundred words, and two dollars for copies of township plats or diagrams, with an additional sum of one dollar for the Commissioner's cer- tificate of verification with the General Land Office seal; and one of the employes of the office shall be designated by the Commissioner as the receiving clerk, and the amount so received shall, under the direction of the Commissioner, be paid into the Treasury ; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government, nor for such un- verified copies as the Commissioner in his discretion may deem proper to furnish. 5 Stat. Ill ; 13 id. 375 ; R. S. 461, 891, 2469. Polk v. Wendell, 5 Wheat. 293; Gait v. Galloway, 4 Pet. 331. Lacy v. Davis, 4 Mich. 140 ; Gilman v. Eiopelle, 18 id. 144 ; Clark v. Hill, 19 id. 3.54; Boyoe V. Slambaugh, 34 id. 348 ; Bovee v. McLean, 24 Wis. 225 ; Ansley V. Peterson, 30 id. 653 ; McLean v. Bovee, 35 id^ 27 ; Kelly v. Wal- lace, 14 Minn. 236 ; Washburn v. Mendenhall, 21 id. 332 ; Harris v. Doe, 4 Blackf. (Ind.) 369; Bowser v. Warren, 4 id. 522; Lane v. Bommelman, 17 Ills. 95; Sawyers. Cox, 63 id. 130. Cir. G. L. O., July 20, 1875 (Copp's L. L. 824). Sec. 475. Literal exemplifications of any records which ExempUfloa- have been or may be granted in virtue of the preceding sec- „ ""na^^ofjffll tion shall be deemed of the same validity in all proceedings, cers signing and whether at law or in equity, wherein such exemplifications "°™**'^'s°™s- are adduced in evidence, as if the names of the officers sign- ing and countersigning the same had been fully inserted in such record. 5 Stat. 627; E. S. 891, 2470. Cir. G. L. O., July 20, 1875 (Copp's L. L. 824). Seo. 476. If any person or persons shall take possession Lands of the of, or make a settlement on any lands ceded or secured to ^g^fgof^lJ^^ti^ the United States, by any treaty made with a foreign na- acquired, not to tion, or by a cession from any State to the United States, aessXor^setffi which lands shall not have been previously sold, ceded, or g "ntof thetfnitS leased by the United States, or the claim to which lands, by states. Titles of such person or persons, shall not have been previously recog-^^j^^^'^*'''^^ *''"'■ nized and confirmed by the United States : or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled : or shall survey, or attempt to sur- vey, or cause to be surveyed, any such lands ; or designate any boundaries thereon, by marking trees, or otherwise, un- til thereto duly authorized by law; such offender or offend- ers, shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or caused to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall 180 MISCEUiANEOUS PROVISIONS RELATING TO PUBLIC LANDS. thoSdto*ifave^*^® designated, or cause to be designated, by marking tiem removed, trees Or Otherwise. And it shall moreover be lawful for the doto'ltSs'!^* "^President of the United States, to direct the marshal, or officer acting as marshal, in the manner hereinafter directed, and also to take such other measures, and to employ such military force as he may judge necessary and proper, to re- move from lands ceded, or secured to the United States, by treaty, or cession as aforesaid, any person or persons who shall hereafter take possession of the same, or make, or at- tempt to make, a settlement thereon, until thereunto author- ized by law. And every right, title, or claim, forfeited under this act, shall be taken and deemed to be vested in the United States, without any other or further proceedings ; auttiraiS'i^OT and it shall be lawful for the proper marshal, or officer act- ttl*PrMWenf°to^°^ ^^ marshal, under such instructions as may for that onstintoiders, puTpose be given by the President of the United States, to remove from such lands any and every person or persons who shall be found on the same. 2 Stat. 445,480; 4 id. 665. Dupas v. Wassell, 1 DiUon, C. C. 213. 1 Op. Att. Gen. 164, 180, 471, 475,703; 2 id. 575; 3 i(J. 255, 566 ; 7 id. 535; lOid. 71, 184. Wood?). Railway Co., 11 Kansas, 323; Bos- ton V. Dodge, 1 Blackf. (Ind. ) 18 ; McKiernan ti. Hesse, 51 Cal. 594; Duncan v. Hall, 9 Ala. 128; Floyd v. Ricks, 14 Ark. 286. For^g, conn- Sbo. 477. Evcry person who falsely makes, alters, forges, parsing mfiitary or Counterfeits any military bounty -land warrant, or military ^nty-iand wai- bounty-land warrant certificate, issued or purporting to have been issued by the Commissioner of Pensions under any act of Congress, or any certificate of location of any mili- tary bounty -land warrant, or any duplicate thereof, or mili- tary bounty-land warrant certificate upon any of the lands of the United States, or any certificate of the purchase of any of the lands of the United States, or any dupHcate cer- tificate of the purchase of any of the lands of the United States, or any receipt for the purchase money of any of the lands of the United States, or any duplicate receipt for the purchase money of any lands of the United States, issued or purporting to have been issued by the register and receiver at any laiid office of the United States, or by either of them, or who passes, utters, or publishes as true any false, forged, or counterfeited military bounty-land warrant, military bounty- land warrant certificate, certificate of location, or duplicate certificate of location, certificate of purchase, duplicate cer- tificate of purchase, receipt or duplicate receipt, for the pur- chase money of any of the lands of the United States, know- ing the same to be false or forged, shall be imprisoned at hard labor not less than three years nor more than ten years. 11 Stat. 381; R. S. 5420. offb?ei™rfs Sec. 478. It may and shall be lawful for the keepers or relating to lands, persons having the custody of laws, judgments, orders, de- crees, journals, correspondence, or other public documents of any foreign government or its agents, relating to the title to lands claimed by or under the United States, on the ap- plication of one of the head of one of the departments, the Solicitor of the Treasury, or the Commissioner of the Gen- eral Land Office, to authenticate the same under his hand and seal, and certify the same to be correct and true copies MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS. 181 of such laws, judgments, orders, decrees, journals, corre- spondence, or other public documents ; and when the same shall be certified by an American minister or consul under his hand and seal of oflce, or by a judge of one of the United States courts under his hand and seal, to be true copies of the originals, the same shaU be sealed up by him and re- turned to the Solicitor of the Treasury, who shall file the same in his ofilce, and cause it to be recorded in a book to be kept for that purpose. A copy of said laws, judgments, orders, decrees, journals, correspondence, or other public documents so filed, or of the same so recorded in said book, may be read in evidence in all courts, where the title to land claimed by or under the United States may come into ques- tion, equally with the originals thereof. 9 Stat. 350, 351. U. S. f. Delespine's Heirs, 12 Pet. 654; U. S. v. Wiggins, 14 id. 334 ; U. S. v. Rodman, 15 id. 130 ; U. S. v. Deles- pine's Heirs, 15 id. 226 ; U. S. i). Brewart, 16 id. 143 ; U. S. v. Acosta, 1 How. 24 ; U. S. v. Le Blanc, 12 id. 435 ; U. S. v. Peralta, 19 id. 343. Gregory v. McPlierson, 13 Cal. 562 ; People v. Kelly, 38 id. 145. Sec. 479. In all cases where any oath, afBrmation, or af- ^^P^^^t^^f fidavit shall be made or taken before any register or re- Sees. ™ ceiver, or either or both of them of any local land office in the United States or any Territory thereof, or where any oath, affirmation, or affidavit, shall be made or taken before any person authorized by the laws of any State or Territory of the United States to administer oaths or af&rmations, or take affidavits, and such oaths, affirmations, or affidavits are made, used, or filed in any of said local land offices, or in the General Land Office, as well in cases arising under any or either of the orders, regulations, or instructions, concern- ing any of the public lands of the United States, issued by the Gommissioner of the General Land Office, or other proper officer of the Government of the United States, as under the laws of the United States, in any wise relating to or effecting any right, claim, or title, or any contest therefor, to any of the public lands of the United States, and any person or jDcrsons shall, taking such oath, affirmation or affidavit, knowingly, wilfully, or corruptly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall, upon convic- tion, be liable to the punishment prescribed for that offence by the laws of the United States. 11 Stat. 250, 251. People v. KeUy, 38 Cal. 145 ; Barrell v. How, 48 id. 223 ; Ainswortli v. Miller, 20 Kansas, 220. Sec. 480. Every person who falsely makes, forges, counter- ^.f ""^^Pit"' '""^ feits, or alters any letters-patent granted, or purporting to ™'^* have been granted by the President of the United States; or who passes, utters, or publishes, or attempts to pass, utter, or publish as genuine, any such forged, counterfeited, or falsely altered letters-patent, knowing the same to be forged, counterfeited, or falsely altered, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. 4 Stat. 119 ; R. S. 5416. , Sec. 481. Every person who falsely makes, alters, forges, tif"'^*;'!,, ^ or counterfeits any bid, proposal, guarantee, official bond, ord^ &o. 182 MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS. public record, afiSdavit, or other writing, for tiie purpose of defrauding the United States, or utters or publishes as true any such false, forged, altered, or counterfeited bid, pro- posal, guarantee, ofl&cial bond, public record, affidavit, or other -writing, for such purpose, knowing the same to be false, forged, altered, or counterfeited or transmits to or presents at the office of any officer of the United States any such false, forged, altered, or counterfeited bid, proposal, guarantee, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for such purpose, shall be imprisoned at hard labor for a period not more than ten years, or be fined not more than one thousand dollars, or be punished by both such fine and imprisonment. 14 Stat. 12; E. S. 5418. Forging deed, Sec. 482. Every person who falsely makes, alters, forges, ne^*&c. °''**"^' or counterfeits ; or causes or procures to be falsely made, altered, forged, or counterfeited ; or willingly aids or assists in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of obtaining or receiving, or of en- abling any other person, either directly or indirectly, to ob- tain or receive from the United States, or any of their officers or agents, any sum of money ; or who utters or publishes as true, or causes to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or who trans- mits to, or presents at, or causes or procures to be transmitted to, or presented at, any office or officer of the Government of the United States, any deed, power of attorney, order, certificate, receipt, or other writing, in support of, or in rela- tion to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, shall be imprisoned at hard labor for a period of not less than one year nor more than ten years ; or shall be imprisoned not more than five years, and fined not more than one thousand dollars. 3 Stat. 771 ; E. S; 5421. Having forged Seo. 483. Evcry pcrsou who, knowingly and with intent papers in posses- ^q defraud the United States, has in his possession any false, altered, forged, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of enabling another to obtain from the United States, or any of their officers or agents, any sum of money, shall be fined and imprisoned at the discretion of the court. 3 Stat. 772 ; E. S. 5422. nisposse Bs e d Sbo. 484. When an occupant of land, having color of title, totave'remetoB in good faith has made valuable improvements thereon, and ia certain oases, jg^ jji the proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such relief as maj be given or secured to him by the statutes of the State or Territory where the MISCELLANEOUS PEOVISIONS RELATING TO PUBLIC LANDS. 183^ land lies, although the title of the plaintiff in the action may have been granted by the United States after said im- provements were so made. 18 Stat. 50. Sec. 485. Any railroad company now or hereafter incor- Connection ot porated under any law of the United States, or of any State, wia um^^°Pa! which has been or may be organized by an act of Congress, "i^o. &<=• may connect its road with the Union Pacific Eailroad, or any of its branches. 12 Stat. 496; 18 id. 112; E. S. 5257. Sec. 486. Every railroad company in the United States, ^^fJiS^i^™"- , ,, j_-ii, .j*^ -..' mnnication. whose road is operated by steam, its successors and assigns, is hereby authorized to carry upon and over its road, boats, bridges, and ferries, aU passengers, troops. Government sup- plies, mails, freight, and property on their way from any State to another State, and to receive compensation there- for, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination. But this section shall not affect any stipulation between the Government of the United States and any railroad company for transportation or fares with- out compensation, nor impair or change the conditions im- posed by the terms of any act granting lands to any such company to aid in the construction of its road, nor shall it be construed to authorize any railroad company to bmld any new road or connection with any other road without author- ity from the State in which such railroad or connection may be proposed. And Congress may at any time alter, amend, or repeal this section. 14 Stat. 66; R. S. 5258. Sec. 487. Whenever, in any grant of land or other subsi- Compensation dies, made or hereafter to be made, to railroads or other cor- ^^tedt?y*he porations, the United States has reserved the right, or shaU iMted states. reserve it, to appoint directors, engineers, commissioners, or other agents to examine the roads, or act in conjunction with other oflcers of such company or companies, aU the costs, charges, and pay 6f such directors, engineers, com- 'missioners, or agents shall be paid by the respective compa- nies. Such directors, engineers, commissioners, or agents shall be paid for such services the sum of ten dollars per day, for each and every day actually and necessarily, em- ployed, and ten cents per mile for each and every mile act- ually and necessarily traveled, iu discharging the duties re- quired of them, which per diem and mileage shall be in full compensation for such services. In case any company shaU refuse or neglect to make such payments, no more patents j^^J^^^^^^^^ for lands or other subsidies shall be issued to such company heu.' until these requirements are complied with. 14 Stat. 299 ; R. S. 5259. IN^DEX. g I BOUNTY-LAND "WAEEANTS AITD SCETP. Bonnty lands for Boldiere in certain Tvars Certain classes of persons in tlie Mexican war, their widows, &c., entitled to forty acres.. Militia and volunteers in service since 1812 Persons not entitled under preceding sections Period of captivity added to actual service Warrant and patent to issue, wlien "Widows of persons entitled Additional bounty lands, &c Classes under last section specified. "What classes of persons entitled under section 314 without regard to length of service TP'idows and children of persons entitled under section 314 Subsequent mari-iage of widow Minors under section 317 Proof of service Former evidence of right to bounty land to be received in certain cases Allowance of time of service for distance from home to place of muster or discharge Indians included Former evidence of right to a pension to be received in certain cases on application for bounty land Deserters not entitled to bounty land Lost warrants, provisions for Discharges; omissions and loss of, provided for New warrant issued in lieu of lost warrant Regulations of Secretary of Interior Death of claimant after establishing right, and before issuing of warrant When proofs may be filed by legal representatives Military bounty -land warrants and locations aesignable "Warrants located on double-minimum lands ; excess paid in caah Claims for bounty lands in virtue of certain acts named Same subject Sales, mortgages, letters of attorney, &c., made before issue of warrant, to be void Warrants to "be located free of expense by Commissioner of Land Ofl&ce, &c Mode of issuing patents to the heirs of persons entitled to bounty lands Relocation of military bounty-land warrants in cases of error Authorizing the issuance of Sioux half-breed scrip Certificates of location or scrip to issue in satisfaction of confirmed private land claims which cannot be located , Issuance and location of judicial scrip in lieu of confirmed private land claims Patent to issue on scrip locations Porterfield scrip, how located "V"alentine scrip, how located , Coles scrip, how issued and located Chippewa half-breed scrip, Red Lake and Pembina bands '. Chippewa half-breed scrip. Lake Superior bands Certain lands located in good faith by claims arising under treaty of September 30, 1854, may be purchased, &c .- Scrip may be issued to owners of military land-warrants, issued by the United States in, satisfaction of claims for bounty land lor service during revolutionary war, upon sur- render thereof to the Secretary of the Interior Secretary of the Interior may, upon proof, issue scrip in satisfaction of certain outstand- ing Virginia land- warrants , DESERT LANDS. Desert lands may be purchased. Declaration. Right to use water. Water on public lands to be free. Contents of declaration. Perfection of title. Limitation upon quan- tity Definition of desert lands Localities to which the law applies DONATIONS. Note. EASEMENTS. Navigable rivers public highways. Banks of streams not navigable, how held Eight of way for "highways over public lands If lands granted for right of way are not used, &c., to revert to the Government Mineral locators' rights of possession and enjoyment Right of way in intersecting veins in mines What conditions of sale may be made by local legislature "Vested rights to use of water for mining, &c. ; right of way for canals Patents, pre-emptions, and homesteads, subject to vested and accrued water-rights.. 185 309 310 311 312 313 314 316 316 317 318 319 320 "321 322 323 324 326 326 327 328 329 330 331 334 336 336 337 338 339 340 341 342 343 344 345 34G 347 348 349 426 427 428 440 441 442 443 444 445 446 447 186 INDEX. EASEMENTS— Contintied. Eight of way, materials, station-groniids, &c., granted to railroads Eights of several railroads through cafion, paaa, or defile. Crossing at grade. "Wagon- roads, xightBof Private lands and posseasory claims, how condemned '•'I'^'V Profile of road claiming benefits, when to he filed. Disposal of lands suhject to right of wa;y-. Forfeiture of right ■ AppUcation of this act ■ Eight to alter, amend, &c ■ Use of public domain, &c., by telegraph company • XTse of materials from public lands ■ These rights not IxanBferable ■ Grovemment to have priority in transmission of messages • Government entitled to purchase lines Acceptance of obligations to be filed Penalty for refusal to transmit dispatches Timber lands to be patented subject to accrued right of way and water-rights GENEEAX LAin) OEEICE, Commissioner of the General Land Office Duties of the Commissions ■ Commissioner to have custody of seal, books, records, &c Commissioner to make plats and furnish information when required by the President or Congress ■ To audit and settle accounts relative to public lands Fees for exemplified copies of records and patents Entry of lands in States where there are no land offices Commissioner to perform duties of surveyor-general when surveying district is discon- tinued Appe^ &-om decisions of district land officers and Commissioner in pre-emption contests. "Where pre-emptor after filing for land becomes register or receiver Commissioner has power to regulate costs of survey and publication in mineral cases Commissioner to fix maximum price of reservations restored to market Commissioner authorized to allow erroneous description in entries to he corrected Commissioner shall prescribe regulations for sale of town lots Commissioner shall approve all contracts for surveys Commissioner's instructions deemed part of contract for surveying Commissioner shall fix the price of public surveys and instruct surveyor-general how to keep accounts of costs of surveys of private land claims Commissioner shall issue instructions for surveys under deposit system Commissioner may allow augmented rates for surveys of forests, & ., in Oregon Commissioner may allow augmented rates for surveys of forests, &c. , in California and "Washington Territory Commissioner shall prescribe regulations and terms for geodetic surveys in Oregon and California Commissioner may allow compensation by the day for surveys in Oregon and California . . Commissioner shall prescribe regulations for assignment and location of bounty-land warrants Commissioner shall cause bounty-land warrants to be located free of expense Commissioner shall prescribe regulations for relocation of bounty-land warrants Commissioner, conjointly with Secretary of Interior and Attorney-G-eneral, shall a^'udi- cate suspended entries , Commissioner may order certain lands into market without Presidential proclamation Commissioner may reissue patents on entries confirmed by board for equitable a^udication. Commissioner shall prepare copies of records and papers for use in courts of justice Commissioner shall allow indemnity for swamp lands Commissioner may make regulations for execution of public land laws Commissioner to perform duties of recorder of land titles for Missouri Commissioner shall issue patents for public lands and private land claims •. Commissioner to issue patents on claims heretofore confirmed Fee-simple to pass in all grants of land to States and Territories where lands are of character granted Chief clerk of General Laud Office Eecorder of General Land Office Duties of recorder Patents, how executed Principal clerks of public lands and private land claims Officers, clerks, and employes of General Land Office not to be interested in purchase of public lands Secretary to the President to sign land patents ' Assistant secretary to sign land patents ' " "Warrants for military lands to be recorded, &o [__ Authentication of papers filed in the Department of the Interior Principal clerk of surveys GENEEAL GRANTS TO STATES AND TEEEITOEIES. Grant to new States Selections and locations of lands granted in last section Grant of swamp and overflowed lands to certain States to aid in construction of levees, &c. 449 450 451 452 453 454 455 456 457 458 459 460 461 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 51 52 53 54 55 56 57 58 59 60 61 62 65 66 67 68 71 72 73 74 75 76 352 353 354 INDEX, 187 GBNEEAI. aHANTS TO STATES AND TERRITOHrES— Contmued. Secretary of Interior to mate lists of sucL. lands for transmission to the governors of tlie States , Legal BnbdiTisiona, mostly "wet and nn:&t for cultivation Indemnity to States wtero lands have been sold by TJnited States Patents to issue for swamp lands to purchasers and locators prior to issuing of patents to States, &c Selections of swamp and overflo'wed lands confirmed Swamp-land grants to Oregon and Minnesota i. Public lauds, not mineral, granted to each State for purpose of establishing agricultural colleges Agricmtural-college scrip to be issued, when. Proceedsof sales, how applied. Assignees of State to locate scrip. May be located on offered lands or received from pre-emption settlers in payment for lands. Limitations ^Expenses of management, &o., to be paid by States Moneys from sale of land and scrip to be invested, and interest applied to support of col- lege of agriculture and the mechanic arts Conditions of grant, assent of States. Diminution of fund to be made ui> by State. An- nual interest to be appUed regularly. Funds not to be expended for buildings. College to be famished or moneys refunded to TJnited States. Annual reports of colleges. Com- pntatlon when double-minimum lands are selected. States in rebellion not entitled to benefit of grant. Assent of States to be given prior to July 1, 18'74 Tees of land oflBcers Governors of States to report annually to Congress New States entitled to benefits of grant Nevada may select double-minimum lands not mineral -- Selection of lauds granted to Califomia, &c Selection of lands granted to Oregon, &o Selections by Oregon confirmed, except when legally appropriated Locations in excess of quantity allowed, confirmed Certain excess locations in Wisconsin confirmed Reissue of agricoltural-college scrip Settlements before survey on sections 16 or 36, deficiencies thereof Selections to supply deficiencies of school lands Fee-simple to pass in all grants of land to States and Territories, when Certain States to be paid 10 per cent, on net proceeds of sales of public lands therein, &c- . After deducting said 10 per cent., &c., residue to be divided among States, &c., of Union, how. To be applied as legislature may direct s Net proceeds of sales of public lands payable at the Treasury half-yearly, to whom Money due to be first applied to payment of debts to TJnited States Length of continuation of this grant Not less than $150,000 to be appropriated annually for surveys Amount due on State stocks held by TJnited States in trust to be withheld from States in case of default of principal or interest - HOMESTEADS. "Who may enter certain unappropriated lands Mode of procedure Pre-emption filing changed to homestead entry Homestead settlers allowed same time as pre-emptors to file application for lands Certificate and patent, when given and issued. Proof of residence, &c When rights inure to the benefit of infant children Homestead entries of insane persons confirmed in certain cases Persons in military or naval service, when and before whom to make affidavit When persons may make affidavit before clerk of court Record of applications ', Homestead lands not to be subject to prior debts When lands entered for homesteads revert to G-ovemment Publication of notice of contest in homestead cases Notice of intention to make final proof Publication of notice of entry Lands covered by relinquished homestead claims subject to entry at once , Party contesting homestead entry allowed thirty days after notice of cancellation to make entry Limitation of amount entered for homestead Existing pre-emption rights not impaired What minors may have the privileges of this chapter Payment before expiration of five years, rights of applicant No distinction on account of race, color, &c What lands dis;^osedof only as homesteads. Disposition of lands in certain States Soldiers' and sailors' homesteads Deduction of military and naval service from time, (fee Persons who have entered less than 160 acres, rights of .' Widows and minor children of persons entitled to homestead, &o Actual service in the Army or Navy equivalent to residence, &c , Who may enter by agent Homestead right extended to Indians who sever their tribal relations Certain Indian homesteads confirmed Chiefs, &c., of Stockbridge Munsees, homestead rights of. 355 131 356 131 357 132 358 132 359 132 360 133 364 367 368 369 370 371 372 373 374 375 376 377 378 379 381 382 385 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 223 229 230 231 232 233 234 235 236 237 238 239 240 241 242 213 188 INDEX. HOMESTEADS— Contimied. Exemption of homeateadof Stockbridge Munsees Stockbridge Munsees becoming citizens - Unsold lands of Ottawa and Chippewa Indians, how opened for homesteads Selections for minors under preceding section Boua-fide settlers on above lands prior to, &c - Certain lands to be patented to IJidians making selection ,. Cultivation of trees on homestead tracts - Entry of 160 acres of double-minimum lands allowed after March 3, 1879. Additional entry of adjoining lands allowed. New entry, when allowed - • Claimants or their assiijnees may purchase lands at $1.25 per acre in certain pases . . - Confirmation of homestead entries within railroad limits made prior to receipt of notice of withdrawal at local office Lands within railroad grants re-entered by claimants after abandonment Homestead entries made after expiration of land grants, confirmed Settlers may convey lands for certain public purposes LAND DISTEICTS AND OEI'ICERS. Land districts When land office may be discontinued by Secretary of the Interior When land office may be continued "by Secretary of the Interior "When land office may be annexed to adjacent district by the President Change of location or land office by the President Discontinuance of land offices by the President Change of boundaries of land districts, and establishment of additional districts for sale of mineral lands Business of ori^nal district in case of change of boundaries Allowance of office rent and clerk hire for consolidated offices ; . . Appointment of registers and receivers Duration of office of registers and receivers Kesidence of registers and receivers Bond of registers and receivers Fees and commissions of registers and receivers Eees of registers and receivers for consolidated land offices Maximum compensation of registers and receivers Excess of compensation to be paid into Treasury Illegal fees ; penalty Compensation of registers and receivers, when to commence Monthly and quarterly returns of receivers Oaths administered by relators and receivers Penalty for false information Deposit of pubhc money Where claimant of entry becomes register or receiver MINEEAL LANDS. Mineral lands reserved Mineral lands open to purchase by citizens Length of mining claims upon veins or lodes Proof of citizenship Locators' rights of possession and eiy oyment Owners of tunnels, rights of Subjects upon which miners may make regulations. Conditions same are subject to. What miners' records shall contain. Annual expenditures. Forfeiture and right of relocation. Mode of forfeiture for failure of co-owners to contribute to annual expend- itures Patents for mineral lands, how obtained. Authority for agents to make applications and affidavits Adverse claim, proceedings on Description of vein claims on surveyed and nnsurveyed lands Pending applications, existing rights Conformity of placer claims to surveys, limit of Subdivisions ot ten-acre tracts ; maximum of placer locations Conformity of placer claims to surveys; limitation of claims What evidence of possession, &c., to establish a right to a patent Proceedings for patent for placer claims, &o Surveyor-general to appoint surveyors of mining claims, &c Verifications of affidavits, &c Where veins intersect, &c .■ , Patents for non-mineral lands, &o What conditions of sale may be made by local legislature Vested rights to use of water for mining, &c. ; right of way for canals Patents, pre-emptions, and homesteads subject to vested and accrued water-rights Mineral lands, in which no valuable mines are discovered, open to homesteads Miner^ lands, how set apart as agricultural lands : Additional land districts and officers, power of the President to provide Provisions of this chapter not to affect certain rights Mineral lands in certain States excepted Deposits of coal, iron, and lead in Missouri and Kansas excepted G-rants of lands to States or corporations not to include mineral lands 244 245 246 247 248 249 250 251 252 253 254 255 210 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 386 387 391 394 395 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 INDEX. 189 MINHEAIi LANDS— Continued. Entry of coal lands Pre-emption of coal lands Pre-emption claims of coal lands to be presented witMn sixty days, &c Only one entry allowed Conflicting claims Eights reserved.. MISCELLANEOUS PROVISIONS EELATING TO THE PUBLIC LANDS. Cases of suspended entries of public lands and suspended pre-emption claims Adjudications under above ; how approved Eeport of adjudications under preceding sections Decisions to be arranged into classes Patents to issue for lauds in the first class, and lands in the second class to revert to the United States Commissioner to order into market lands of second class Patents surrendered and new ones issued in certain cases Extent of foregoing provisions Copies of records, <&c., to be certified ExempUfications valid without names of officers signing and countersig^ng Lands of United States, by whatsoever title acquired, not to be occupied, possessed, or settled but with consent of United States. Titles of intruders forfeited. President au- thorized to remove intruders. Mode of removal. Marshal, &c., authorized, under in- structions from the President, to oust intruders Eorging, counterfeiting, or passing military bounty -land warrants Authentication of foreign records relating to lands Perjury in oaths used in land offices Forgery of letters-patent Forgery of bid, public record, &c Eorging deed, power of attorney, &o Having forged papers in possession Dispossessed occupants of land to have remedies iu certain' cases , Connection of other railroads with Union Pacific, &c , Inter-State communication , Compensation of directors, &c., appointed by the United States. Patents for lands, when withheld PEE-EMPTIONS. Lands subject to pre-emption Lands not subject to pre-emption Persons entitled to pre-emption ^ — Persons not entitled to pre-emption Limitation of pre-emption right Oath of pre-emptionist, where filed j penalty. Pinal proof made before clerk of county court Notice of intention to make final proof Publication of notice of entry Proof of settlement. Assignment of pre-emption rights Claim filed by settler on land not proclaimed for sale Statement to be filed by settler with intent to purchase on lands subject to private entry. Declaratory statement of settlers on unsurveyed lands ; when filed Pre-emption claimants; time of making proof and payment Lands relinquished by pre-emptors subject to entry at once Party contesting pre-emption entry to be allowed thirty days after notice of cancellation to make entry Publication of notice of contest in pre-emption cases Extension of time in certain cases to persons iu military and naval service Death before consummating claim; who to complete, &c , Entries of insane persons confirmed in certain cases Non-compliance with laws caused by vacancy in office of register or receiver not to affect, &o No pre-emption of lands sold but not confirmed by General Land Office Purchase by private entry after expiration of pre-emption right When more than one settler ; rights of appeal to Commissioner and Secretary of the Interior Settlements of two or more persons on same subdivision before survey Settlements before survey on sections 16 or 36 ; deficiencies thereof Selections to supply deficiencies of school lands Military bounty -land warrants receivable for pre-emption payments Agricultural-college scrip receivable in payment of pre-emptions Pre-emptions limited along railroad lines Pre-emption rights on lands reserved for grants found invalid .,. - Pre-emption rights on lands reserved for railroads -'- - Eight of additional location by pre-emptors within limits of forfeited railroad grants — Confirmation of pre-emption entries within railroad limits made prior to receipt of notice of withdrawal at local office Lands within railroad grants re-entered after abandonment Entries made after expiration of land grants "Where claimant of entry becomes register or receiver Eight of transfer of settlers under homestead and pre-emption laws for certain pnblio purposes - ■-. — . — Public sales of land not to be delayed by pre-emption claims 416 417 418 419 420 421 466 467 468 4C9 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 174 175 176 177 178 179 180 181 186 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198' 199 200 201 202 203 204 205 206 207 208 209 210 2U 190 INDEX. PRIVATE LAND CLAIMS. Patents to issue for claime lieretofore confirmed ■ Price of surveys ; ho"w fixed "i 'V' — Certificates of location or scrip to issue in satisfaction of confirmed private land claims vrhich. cannot be located ■■ - ;"" V';'-' Issuance and location of judicial scrip in lieu of confirmed private land claims PUBLIC SALES AlTD PKIVATE ENTEIES. Public sale of lands in half quarter-sections Advertisement of sales Price of lands, $1.25 per acre No credit on sales of public lands - • Lands raised to $2.50 per aero prior to January, 18G1, reduced to $1.25 per acre Public lands may be offered for sale in sucb proportions as the President cbooaes Duration of sales ; Several certificates issued to two or more purchasers of same section Private sales ; in -what bodies • Private sales; proceedings in Highest bidder ; when preferred in private sales Minimum price; bow fixed when reservations are sold Lands in California subject to private entry and withdrawn ; how to be opened to entry. , "What coins receivable in payment for public lands Mistakes in entry of lands ; provisions for Mistakes in patents for lands ■ Mistakes in location of warrants Error in entry by mistake of numbers ; proceedings upon Agreements and acts intended to prevent bids ; penalty Agreements to pay premium to purchasers at public sales Recovery of premimns paid to purchasers at public sales Discovery of agreements to pay premium by bill in equity Limitation of entiiesby agricultural-college scrip Sale of saline lands REPAYMENT OE PURCHASE MONEY. Purchase money refunded where sale cannot be confirmed Refunding in certain cases, how done Repayments on void soldiers' additional homestead locations Purchase money, fees, and commissions on erroneous entries, or where sales cannot be con- firmed Regulations for repayments. "Warrants on Treasury for same RESERTATIONS. Reservations in Florida, how sold Sale of military sites under general laws prohibited ; proviso as to Florida Minimum price, how fixed, when reservations are sold , ReservationSj how surveyed Sale of buildings belonging to United States Sale of lands with buildings , SECRETARY OF THE INTERIOR. Supervisory authority of Secretary Power to grant military bounty-land warrants Exemplification of papers Authority to take bonds of surveyors-general Shall require public land surveys to be completed , Power to discontinue land ofB-ces , Power to make allowances for office rent and clerk hire Repayment of purchase money, &c Remedial authority under treaigr of 1854 Correction of erroneous land entries Appraisement and sale of town-site reservations Authority to survey and plat a city or town Authority to vary subdivisional surveys in Nevada Geodetic surveys in Oregon and California Departure from rectangular surveys in California May pay surveyors by the day in Oregon and California Location of land warrants free of expense May authorize issue of patents on lost land warrants [ May issue new land warrants in lieu of those lost [ May issue patents to the heirs of warrantees Board of equitable abjudication Shall have control of Xellowstone Park ; Duties relative to swamplands Shall approve accounts of indemnity for swamp lands To give notice of completion of surveys in Minnesota and Oregon Required to sign requisitions on Treasury for moneys To prescribe the duties of Assistant Secretary «2 174 463 175 464 175 465 176 150 62 151 62 152 62 163 63 154 63 155 63 156 63 157 64 158 64 159 04 160 64 161 64 162 64 163 64 164 65 165 65 166 65 167 65 168 66 169 66 170 66 171 66 172 67 173 67 429 164 430 164 431 164 432 165 433 165 434 166 435 166 436 166 437 166 438 166 439 167 1 1 2 1 3 1 4 2 5 2 6 2 7 2 8 2 9 2 10 2 11 2 12 2 13 3 14 3 15 3 16 3 17 3 18 3 19 3 20 3 21 3 22 3 23 3 24 4 25 4 26 4 27 4 INDEX. 191 SECRETAKT OF THE INTEEIOIt^Coiitinuod. To designate and set apart agricultural from mineral lands Shall prescribe regulations for subdivision of fractional sections , Designation of newspapers for publication of proclamations of sales of lands SPECIAIi AGENTS. Surveyor-general may appoint agents to examine surveys in the field Oificers, &c., detailed to investigate frauds may administer oaths SURYEYS Airo SHRYEYOES. Surveyors-general, how and where appointed Salary of, in Louisiana, Florida, Minnesota, Nebraska, Iowa, and Dakota Salary of, in Oregon and "Washington Territory - Salary of, in Colorado, New Mexico, California, Idaho, Nevada, Montana, Utah, "Wyoming, and Arizona Salaries of, in Florida, Oregon, and California, how and from what time payable OfS.ces, number and location of Kesidence of surveyor-general Bond of surveyor-general Duration of olnce Continuance of duties and bond after expiration of commission Transfer of papers and discontinuance of office in case of completed surveys Devolution of powers of surveyors-general upon Commissioner in case of discontinuance of office Free access to public records delivered to States, and conditions of such delivery General duties of surveyors-general Bond of deputy surveyor. . . j^. Oath of deputy surveyor . . . T. Suit on bond of deputy surveyor, aUen on his property Penalty for default of deputy surveyor Transcripts from records and seals of surveyors-general of California, Oregon, and Lou- isiana Custody of official papers, &c., by surveyor-general of California Allowance for clerk Eire, office rent, &.C., to surveyor-general Duties of register and receiver performed by surveyor-general, when Kules of survey Bonndaries and contents of public lands, how ascertained Lines of division of half quarter-sections, how run Variance in shape of surveys on rivers, &c Variance from rectangular subdivisions in Nevada Geodetic method of survey in Oregon and California Departure from rectangular surveys in California Extension of public surveys over mineral lands "What instructions to be deemed part of contract Subdivision of placer claims Deputies to survey mining claims and power of Commissioner to fix prices Surveyor-general to make'plat and field notes of mining surveys, and to give certificate of improvements, &c -. Contracts for surveys of public lands, when binding Price of surveys, how established. Cost of surveying private land claims and railroad grants to be refunded Augmented rates for surveys in Oregon, California, and Washington Territory Pay by the day for surveys in Oregon and California Whensurvey may be had by settlers in a township Deposit for expenses of surveys deemed an appropriation, &c Settler's deposits for surveys to go in part payment for lands, and are assignable Surveyors-general to survey private land claims when confirmed, «fco Surveyors-general in New Mexico, &c., to report to Congress on private land claims Penalty for interrupting surveys Protection of surveyor by marshal of district Surveyors to explore and select timber lands to reserve for use of the Navy Director of geological survey, duties of, &c TIMBER AND TIMBER CULTURE. Timber on mineral lands may be taken for certain purposes. Permission to take, not ex- tended to railroad companies Duty of register and receiver to report unauthorized taking Penalty for unauthorized taking Timber and stone lands in CaUiomia, Oregon, &c., to be sold Application for purchase. False swearing Publication of application. Facts to be proved. Objections to patent Cutting timber unlawfully ; penalty Certain prosecutions, relief from Repeals Live-oak and red-cedar lands Selection of live-oak and red-cedar tracts Protection of live-oak and red-cedar timber Cutting or destruction of live-oak or red-cedar; penalty 148 U9 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 256 257 258 259 260 261 262 263 264 265 266 267 268 192 INDEX. TIMBEE AND TIMBEE CULTURE— Contiiraea. Vessels employed in caTrying away live-oak and red-cedar, forfeiture of Clearance of vessels laden with live oat, prosecution of depredators Secretary of Navy to ascertain what reserved lands not required for naval purposes. -.. . Lands not required, to be certified to Secretary of Interior and thereafter to be subject to entry and sale. IPreference right of purchase for certain parties - - •_ Cuttmg or injuring trees on lands of United States reserved or purchased for pubhc uses ; punishment Authority to condone trespasses committed prior to March 1, 1879 - - ■ • ■ Timber-ouiture entries. Patents to issue for lands cultivated in tnnber at expiration ot eight years. Only one-quarter of a section to be entered, and but one entry allowed — Oath on application for entry '-:"i'V Number of acres to he broken and planted annually. Time extended in case of destruc- tion by grasshoppers or drought Proof of cultivation, final certificate, and patent Eight to be forfeited on failure to comply with the law Land not liable for prior debts Commissioner to make regulations. Fees of registers and receivers — False oath constitutes peijury Entries under former laws, how perfected Publication of notice of contest Lands relinquished by timber-culture claimants subject to re-entry at once Contestants of timber-culture entries allowed thii-ty days after notice of cancellation to make entry • TOWN SITES AND COUNTY SEATS. Town sites to be reserved Eeservations to be surveyed into lots — Town or city sites on public lands "When towns established upon unsurveyed lands, extension limits, how adjusted When transcript maps of town are not filed in twelve months, proceedings by Secretary of Interior "Where size of lots or town plat vary from general rule Title to lots subject to mineral rights Entry of town authorities in trust for occupants Entry under preceding section, when to be made Entry in proportion to number of inhabitants Authorities of Salt Lake City ; rights of, as to entry Additional entry allowed where town has entered less than maximum Not more than 2,560 acres to he reserved for town site Certain entries within town sites confirmed Where town site exceeds maximum, authorities to select lands to be retained, or Commis- sioner may take testimony and restrict limits. Copies of acts incorporating towns, how furnished Certain acts of trustees to be void Pre-emptions by counties for seats of justice , No title acquired to goldmines, &c., or to mining claim, &c Military or other reservations, &c , Inhabitants of towns on public lands ; right of, to enter WATEE EIGHTS. Tested rights to use of water for mining, &c. ; right of way for canals Patents, pre-emptions, and homesteads subject to vested and accrued water-rights. Conditions for use of water on public lands for reclamation , Navigable rivers within public lands to be public highways , 269 270 271 273 274 I 275 I 27G j 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 422 423 424 425 100 lOO 101 101 101 101 102 103 103 104 104 105 105 105 105 105 105 106 107 107 107 108 108 109 109 109 110 110 110 m 111 111 111 112 112 112 112 113 159- 160 160 160 SUPPLEMENT. 13 L O 193 JOINT EESOLUTION for the printing of additional copies of House Exeontive Doonment ITomber Forty-seven and subseqaent land laws. Sesolved by the Senate and Houte of JSepreeentatives of the United States of America in Congress assembled, That eight thousand five hundred additional copies of the codified land laws and history of the public domain of the United States, compiled and pre- pared by the Public Land Commission, embraced in House Executive Document Num- ber Forty-seven, with all subsequent laws which may have been passed by Congress prior to the adjournment of the present session, be printed and bound, under the direction of the Secretary of the Interior two thousand copies for the use of the Senate, ^ve thousand for the use of the House of Eepresentatives, and fifteen hundred for the use of the Secretary of the Interior. Provided that the copies for the use of the Senate and the House of Representatives shall be distributed by the Secretary of the Interior in the manner provided for the distribution of the Reports of the tenth Census and that all copies not ordered to be distributed within two years after the passage of this act shall be sold by the Secretary of the Interior at cost of publica tion with ten per centum added thereto. 22 Stat. 393, Ang. 7, 1882.— 20 ib. 394.— 21 ib. 245. 194 CONTENTS. Chapter. Section. Page. TTXTT Donations ... .. 488 489 490 491.493 491,495 496 497 498 199 ■X-TTTTT General Grants to States and Territories --- -- 200 XXIV 201 "x-xv Land Districts and Officers 202-204 ■X-XVT 205 ■XXVTT 206 xxvnr Secretary of tlie Interior 207 KXIX. Surveys and Surveyors 208 195 FREF^OE In compliance with the foregoing Joint Eesolution of Congress, this Supplement, embracing the land laws of a general and permanent character, passed at the third session of the Forty-sixth, and the first session of the Forty-seventh Congress, prepared under the direction of the Commissioner of the General Land OfiSce, is added to the contents of the volume containing the previous laws of that character, prepared for publication by the codification committee of the late Public Land Commission, bringing the compilation down to the 8th of August, 1882, the day of adjournment of said last-mentioned session. The pages of the original volume having been stereotyped, the re- quired addition is necessarily made as a supplement, instead of in the form more convenient for use of adding to each chapter the laws appro- priate to it. The plan of the original work, as to the division of subjects, form in which the laws, are produced, &c., is substantially followed. The paging and the numbering of chapters are continued consecutively through the Supplement, to which a full index of the matter embraced therein is added. For convenience and economy of binding, the "Digest of late Decis- ions," prepared in continuation of the "Citation of Decisions" published by the Land Commission in the second volume of Laws, "Local and Temporary," is included in this volume. DeoembeEj 1882. Tompkins Co. Clerks Office, FILED AND ENTERED JUL 16 1886 at. O'Glock.. CHAPTER TWENTyA^WO. ^^^^^ DONATIONS. [Original Vol., Chap. XV, p. 161.] Sec. 488. Fees of registers and receivers, in addition to salary, in donation cases. Sbo. 488. The sixth paragraph of section twenty-two ^^^^| 2238 a- hundred and thirty-eight of the Eevised Statutes of the™™ United States is repealed, and in lieu thereof the following paragraph substituted : "A fee in donation cases of two dollars and fifty cents ^ees for land for each final certificate for one hundred and sixty acres of "^ '^^^^' land, five dollars for three hundred and twenty acres, and seven dollars and fifty cents for six hundred and forty acres." 21 Stat. 311, Deo. 17, 1880.— E. S. 2238, f. 6. 12 Stat. 409, sec. 6. 199 CHAPTER TWENTY-THREE. GENERAL GRANTS TO STATES AND TERRITORIES. [Original Vol., Chap. XH, pp. 129-141.] Sec. 489. Grants to Dakota, Montana, Arizona, Idaho, and Wyoming, for university pur- poses. Lands granted Seo. 489. There are granted to the Territories of Dakota, to Deselected nn- ,-■ . . , tt i j -rxr • j^ i der direction of Montana, Atizona, Idaho, and Wyoming respectively, terior*^'^ "^ ■^ seventy-two entire sections of the unappropriated public lands within each of said Territories, to be immediately selected and withdrawn from sale and located under the direction of the Secretary of the Interior, and with the approval of the President of the United States, for the use and support of a university in each of said Territories when an^tton® lt\tt ^^^^ ^^^^^ ^® admitted as States into the Union : Provided, less than ap- That nouQ of Said lands shall be sold except at public auc- praised value. ^,[qjx^ and after appraisement by a board of commissioners, to be appointed by the Secretary of the Interior : Provided further, That none of said lands shall be sold at less than the appraised value, and in no case at less than two dollars and fifty cents per acre : Provided, That the funds derived from the sale of said lands shall be invested in the bonds of the United States and deposited with the Treasurer of the United States ; that no more than one-tenth of said Fnndstohe in- lands Shall be Offered for sale in any one year; that the «f ^1^ s.,'&o!'"' ^ money derived from the sale of said lands, invested and deposited as hereinbefore set forth, shall constitute a uni- versity fund ; that no part of said fund shall be expended for university buildings, or the salary of professors or teachers, until the same shall amount to fifty thousand dollars, and then only shall the interest on said fund be used for either of the foregoing purposes until the said fund shall amount to one hundred thousand dollars, when any excess, and the interest thereof, may be used for the proper establishment and support respectively of said uni- versities. 21 Stat. 326, Feb. 18, 1881. 200 CHAPTER TWENTY FOUR. HOMESTEADS. [Original Tol., Chap. TlH, pp. 80-94.] Sec. 490. Additional time to commence residence may be allowed by Commissioner of General Land Office. Sec. 490. Section numbered twenty- two hundred and ^^e^Jtat. 2297, ninety-seven, of title numbered tMrty-two of the Eevised ^"^ Statutes, is amended by adding thereto the following pro- viso, namely : Provided, That where there may be climatic reasons the Commissioner of the General Land Of&ce may, in his discretion, allow the settler twelve months from the Time that may date of filing in which to commence his residence on said tier. °^^ land under such rules and regulations as he may prescribe. 21 Stat. 511, Mar. 3, 1881.— ^K«e Sec. 223. 201 CHAPTER TWENTY-FIVE, LAND DISTRICTS AND OFFICERS, [Original Vol., Chap. TV, pp. 29-60.] Sec. 491. (1.) Additionalland district created in Kansas. (2.) President to appoint register and receiver under existing Zaws. (3.) Sales at offices of other districts confirmed. 492. (1, 2.) Two new land districts formed in Dakota. (3.) Limits of Watertown district in Dakota prescribed. See. 493. (1.) Minnekadnsa land district in Nebraska formed. Location of office to be designated by- President. (2. ) Hitchcock land district formed. Location of office to be di- rected by President. (3.) Registers andreceivers for same to he appointed by President, with advice and consent of Senate. KANSAS. Terntoiy de- Sbo. 491. (1.) The following described territory in the State tSreVe^TO^th- of Kansas, to wit: Commencing at the southeast corner of weatem district, township thirty-flvB, south range thirty-one west of the sixth principal meridian on the south boundary of the State of Kansas ; thence west on said southern boundary to the western boundary of said State ; thence north on said west- ern boundary to the fourth standard parallel south ; thence east along said parallel to the northeast corner of township twenty-one south, range thirty-one west, and thence south to the place of beginning, ta the State of Kansas, shall con- stitute an additional land district, to be called the south- western land district, the location for the- office of which Location of of- shall be designated by the President of the United States, nated" by Prem- and Shall by Mm from time to time be changed, as the dent. public interest may seem to require. President to (2.) The President is authorized, whenever the public in- a^S receiTef^ ^^ tercst Shall require, to appoint, in accordance with existing laws authorizing appointment to office, a register and a re- ceiver for the said district, who shall each be required to reside at the site of the office for said district, have the same powers, responsibilities, and emoluments, and be subject to the same acts and penalties which are, or may be, prescribed by law in relation to other land-offices of the United States. Sales at offices (3.) All sales and locations made at the offices of the dis- co^'ed!'*"''*°tricts in which the lands embraced in this district have hitherto been included, situated wholly within the limits of this district, which shall be valid and right in other respects up to the day on which the new office shall go into opera- tion, are confirmed. 21 Stat. 508, Mar. 3, 1881.— ^nte, chap. 4, p. 46. 202 203 DAKOTA. Sec. 492. (1.) All that part of the Territory of Dakota Territory con- bounded as foUows, to wit : Commencing at the southeast l^'triJt.^"^'' corner of township one hundred and nine north, range fifty- nine west of the fifth principal meridian ; thence west along the second standard parallel north to the Missouri River; thence up and along the east bank of said river to a point where the fifth standard parallel north intersects said river; thence east along said standard parallel north to the north- west corner of township one hundred and twenty north, range fifty-nine west; then9e south to the southwest corner of township one hundred and thirteen north, range fifty -nine west; thence east to the southeast corner of said township; thence south to the place of beginning, is constituted a new land district, the oflce of which shall be located at such Location of of- place as shaU be designated by the President of the United Xi' by Prist States. dent. i2.) All that part of the Territory of Dakota bounded as New district Lows, to wit: Commencing at the northwest corner of **°"'"''®'^- township one hundred and twenty north, range fifty-nine west of the fifth principal meridian ; thence west along the fifth standard parallel north to the Missouri Eiver; thence up and along the east bank of said river to the south line of township one hundred and thirty north; thence east along said line to the northeast corner of township one hun- dred and twenty-nine north, range fifty -nine west ; thence south to the southeast corner of township one hundred and twenty -nine north, range fifty-nine west ; thence east along the seventh standard parallel north to the northwest corner of township one hundred and twenty-eight north, range fifty-nine west ; thence south to the place of beginning, is constituted a new land district, the office of which shall be office to be re- located at 'such place as shall be designated by the Presi- ??■'«* Jy^es'*^*- j i J? XT, TT -i. J oj. X o J tion of the Pres- dent of the United States. ident. (3.) All that part of the Territory of Dakota bounded as Territory de- follows, to wit: Commencing at a point where the second S the°wa(er- standard parallel north of the fifth principal meridian inter- ^^ ^*"* '^^^^- sects the eastern boundary of said Territory; thence west along said parallel to the southeast corner of township one hundred and nine north, range fifty-nine west ; thence north to the northeast corner of township one hundred and twelve north, range ficfty-nine west; thence west along the third standard parallel north to the eighth guide-meridian; thence north along said guide-meridian to the northwest corner of township one hundred and twenty-eight north, range fifty- nine west; thence west along the seventh standard parallel north to the southeast corner of township one hundred and twenty-nine north, range fifty -nine west; thence north to the southeast corner of township one hundred and thirty north, range fifty-nine west; thence east to the eastern boundary-line of the Territory of Dakota; thence southerly on said boundary-line to the place of beginning, shall con- stitute the limits of the Watertown land district. 22 Stat. 33, Mar. 23, 1882.— Ante, chap. 4, p. 54. 204 NEBRASKA. Territow . to Seo. 493. (1.) All that portion of the State of Nebraska ka™s?iaS''SI- bounded and described as follows: Beginning where the *riot. second guide-meridian west intersects the northern bound- ary of the State of Nebraska; thence south along said guide-meridian to the southeast corner of township twenty- six north, range seventeen west; thence west to the south- east corner of township twenty-six north, range twenty-one west; thence south to the southeast corner of township twenty-five north, range twenty-one west; thence west to the western boundary of the State; thence north to the north line of the State; thence east along said line to the place of beginning, is constituted a new land-district, to be called the Minnekadusa land-district, the land-office for «o^ tob*6™rected '^l^ich shall be located at such place as the President may by President. direct. Hitohoookiand (2.) All that portiou of the state of Nebraska bounded ^strict. and described as follows : Beginning on the south boundary of the State of Nebraska, on the range-line between ranges twenty -five and twenty-six west; thence north along said range-line to the second standard parallel; thence west along said standard parallel to the western boundary of the State ; thence south along said boundary to the south line of the State; thence along said south line east to the place of beginning, is constituted an additional land-district, to Presidenttodi-b® Called the Hitchcock land-district, the land-office for Tect location of wMch Shall be locatcd at such place as the President may ■°^''^- direct. President to (3.) The President, by and with the advicc and conscut of tSri^Lf^^^f^^ the Senate, is authorized to appoint a register and a receiver each of said two for cach of Said land-districts, who shall discharge like and ^letncts. similar duties and receive the same amount of compensa- tion as other of&cers discharging like duties in the other land-offlces of said State. 22 Stat. 106, June 19, 1882.— ^«*e, chap. 4, p. 48. CHAPTER TWENTY-SIX. MINERAL LANDS. [Original Vol., Chap. XIII, pp. 142-158.1 Sec. • 494. Amending Eevised Statutes, section 2326, as to suits in mining claim cases. Sec. 495. Amending section 2326, Revised Stat- utes, as to verification of adverse claims, &c. Seo 494. If, in any action brought pursuant to section ^'^^^^ ^^^^ ^ twenty-three hundred and twenty-six of the Eevised Stat- ^Mining - claim utes,. title to the ground in controversy shall not be estab- *^*^- lished by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant ^°^*'^- shall not proceed in the land-office or be entitled to a patent for the ground in controversy until he shall have perfected his title- 21 Stat. 505, Mar. 3, 1881, Ante, sec. 394. Sec. 495. (1.) The adverse claim required by section e. s. 2326 a- twenty -three hundred and twenty-six of the Eevised Stat- "'yerifloation of utes may be verified by the oath of any duly-authorized adverse claims. agent or attorney-in-fact of the adverse claimant cognizant of the facts stated ; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the United States or of the State or Territory where the adverse claimant may then be, or before any notary public of such State or Terri- tory. (2.) Applicants for mineral patents, if residing beyond oath by appu- the limits of the district wherein the claim is situated, may "^^ ^°^ patent. make any oath or afildavit required for proof of citizenship before the clerk of any court of record or before any notary public of any State or Territory, 22 Stat. 49, AprQ 26, 1882, Ante, sees. 394,403. 205 CHAPTER TWENTY-SEVEN. MISCELLANEOUS PROVISIONS. [Original Vol., Chap. XXI, pp. 177-183.] Sec. 496. Settlers on restored railroad lands permitted to purcliase. roaa**mdTOstor Sec. 496. All persons who shall have settled and made ed to pnMo do- Valuable and permanent improvements upon any odd num- SiS'e. "^■^ ^'"^ bered section of land within any railroad -withdrawal in good faith and with the permission or license of the rail- road company for whose benefit the same shall have been made, and with the expectation of purchasing of such com- jiany the land so settled upon, which land so settled upon and improved, may, for any cause, be restored to the public domain, and who, at the time of such restoration, may not be entitled to enter and acquire title to such land under the pre-emption, homestead, or timber-culture acts, of the United States, shall be permitted, at any time within three months after such restoration, and under such rules and regulations as the Commissioner of the General Land Offllce may prescribe, to purchase not to exceed one hundred and •comdition. sixty acres in extent of the same by legal sub-divisions, at the price of two dollars and fifty cents per acre, and to re- ceive patents therefor. 21 Stat. 315, Jan. 13, 1881. Com. G. L. O. cixcnlar Jan. 38, 1881. E. S. 2281. 10 Stat. 269.— 16 ib. 279, sec. 2. 206 CHAPTER TWENTY-EIGHT. SECBETABT OF THE INTEBIOB. [Original Vol., Chap. I, pp. 1-i.l 8eo. 497. Five tliousaDd dollars appropriated to enable the Secretary to negotiate with the Sionx Indians. Any lands acquired from said Indians, only to be disposed of under the homestead laws. SEO. 497. Five thousand dollars, or so much thereof as j;|?eeP^f°to may be necessary, appropriated to enable the Secretary of be ratmed by the Interior to negotiate with the Sioux Indians for such congress. modification of existing treaties and agreement with said Indians as may be deemed desirable by said Indians and the Secretary of the Interior; but any such agreement shall not take effect until ratified by Congress : Provided, however, That if any lands shall be acquired from said Indians by the et^^sl^Tfu'- United States, it shall be on the express condition that the poaed of. United States shall only dispose of the same to actual set- tlers under the provisions of the homestead laws. 22 Stat. 328, Aug. 7, 1882. 207 CHAPTER TWENTY-NINE. SURVEYS AND SURVEYORS. [Original Vol., Chap, in, pp. 15-28.] Sec. 498. Certificates of deposit for surveys, only receivalDle for lands at the land office of the district in ■vrhioh the lands are subject to entry. I^Eeceipt of cer- gEO. 4.98. N"o Certificate issued for a deposit of money for ititaited. the survcy of lands under section twenty-four hundred and three of the Eevised Statutes, and the act approved March third, eighteen hundred and seventy-nine, amenda- tory thereof, shall be received in payment for lands except at the land office in which the lands surveyed for which the deposit was made are subject to entry, and not elsewhere } but this section shall not be held to impair, prejudice, or afBect in any manner certificates issued or deposits and con- tracts made under the provisions of said act prior to the passage of this act. 22 Stat. 327, Aug. 7, 1882.— E. S. 2403.— 12 Stat. 409, sec. 10.- 16 ib. 581.-19 ib. 38.-20 ib. 353 208 IXDEX TO SUPPLEMEISTT. Section. Page. Adverse mmin^ claim, verification of 495 205 Agent may verify adverse mining claim *. '. 495 205 Agreement with Sioux Indiana, to be ratified by Congress 497 207 Ai-izona, university grant to 489 200 Attorney, may verify adverse mining claim 495 205 Certificates: /. Pinal, in donation cases, fees for 488 199 Of deposit for surveys, when Receivable : • 498 208 Previously issued, not impaired , 498 208 Citizenship, oath to proof of, lu mining cases 495 205 Commissioner General Land Office: May allow additional time to begin homestead residence 490 201 To make rules for purchase of restored railroad lands 496 206 Dakota: Three new laud districts in 492 203 Location of offices in, how made 493 2o3 University grant to ^ 489 ^00 Deposits for surveys, where to he applied..*. 498 308 Distribution, of republished land laws, how to be made ]94 Donation cases, fees in 488 199 Fees of register and receiver in donation cases : 488 199 Final certificates, fees for 488 199 Funds, from sale of university lands in TeiTitories: How invested 489 200 :Sow used 489 200 Grants to Territories - 489 200 Histoi-y of public domain, additional copies to be published 194 Hitchcock land district, N ebraska 493 204 Office in, how located ,. 493 204 Kegisterand receiver, how appointed 493 204 Homesteads : Additional time allowed to begin residence 490 201 Lands acquired from Sioux -Indi?ins only to be disposed of as 490 201 Idaho, university grant to 480 200 Joint resolution' for publication of additional copies land laws , . 194 Additional land district in 491 202 Office in, how located 491 202 Register and receiver, how appointed 491 202 Land districts and officers 491 202 Land grants for universities in Territories 480 200 Land to be appraised ■ 4ft0 200 Sale of, and' rate , 480 _200 Land laws, additional copies to be published 394 Land offices for new districts : In Dakota, how located - 492 203 In Kansas, how located 491 202 In Nebraska, how located 493 204 Mineral lands 205 Mining claims, suits on j 494 205 Judgments in 494 205 Adverse, how verified 495 205 Minnekatlusahind district, Nebraska , 493 204 Office in, how located 493 204 Register and receiver, how appointed 493 204 Miscellaneous provisions 496 206 Montana, university grant to ^ 489 2iU NebraskH : I New land districts in '. 493 204 Hitchcock district in 493 204 Minnekadusa district in 493 204 Offices in, how located .' 493 204 Register and receiver, how appointed 493 2U4 Oath : To adverse mining claim 495 205 To propf of citizenship in mining cases 495 205 President: To appoint register and receiver for new district in Kansas 491 202 To designate location of office in same , 491 202 To designate location of offices in new districts in Dakota i 492 203 To appoint rejiisters and receivers for new districts in Nebraska 493 204 To designate locution of offices in same 493 204 Purchase of restored railroad lands by settlers, conditions - 496 206 Railroad lands restored, purchase of 1. "j 496 206' 14 L O , ^9 210 INDEX TO SUPPLEMENT. Section. Page. E,egiHt6i*8 and receivers, how appointed for new districts : In Kansas 491 202 In Nebraska 493 204 Restored railroad lands, settlers may purchase 496 206 Revised Statutes: Section 2238 amended 488 199 Section 2297 amended 490 201 Section 2326 amended 494 205 Sales in remodeled land districts confirmed 491 202 Secretary of the Interior : Appropriation to. for negotiation with Sioux Indians ■ 497 20,7 To select university grants in Territories 48© 200 Selection of lands granted for universities in Territories - 489 200 Settlers on restored railroad lands may purchase 496 206 Sioux Indians : Agreements with, to be ratified by Congress 497 207 Negotiation with, provided for i 497 207 Lands acquired from, how disposed of 497 207 Surveys and surveyors 498 208 Time, additional, to begin homestead residence 490 201 University grants to Territories 489 200 Lands of, bow selected 489 200 "Watertown land district, Datota 492 203 Office in, how located 492 203 "Wyoming, university grant to 489 200 DIGEST OF L^TE DEOISIOISrS rm,at'ing to QUESTIONS ARISING UNDER THE LAND LAWS TJN^ITED STATES, m CONTINUATION OP THE "CITATION OF JUDICIAL AND EXECUTIVE DECISIONS CONTAINED IN THE COMPILATION OF LAWS BY THE CODIFICATION COM- MITTEE OF THE LATE PUBLIC LANDS COMMISSION." Prepared under the direction of the Commissioheb of the Gensbal Laud Office parsnaot to the Joint Besolntion of Congresa of Angnst 7, 1882, to accompany the Tolnmes of Laws required hj said resolutian to he pnhliahed. "WASHINGTON: OOVEKNMBNT FEINTING OFPIOE. 1884. REFERENCE TO DIVISIONS. Page. Acooiuit8(M.) 3-24 Mines, mining, &e. (N.) 24-62 Pre-emption (G) 53-72 Private land claims (D.) 72-87 PubUc lands (C.) 87-123 KaiLroads (F.) 123-136 Records (B.) 136-141 Surveys (E.) 141-142 Swamplands (K.) 142-144 Timber depredations (P.) 144-149 (2) DI&EST OW DECISION'S. [ The abbreviations appearing in the references to the Department and General Land Office decisions are "Sec'y.," for Secretary of the Interior ; "Com'r.," Commissioner of the General Land Office ; " G. L. 0.," General Land Office ; " E. & E.," Eegister and Eeceiver ; " E. P. M.," Eeceiver of Public Moneys ; " C. L. O.," Copp's Land Owner ; "C. M. L.," Copp's Mining Laws; " C. L. L.," Copp's Land Laws ; "Eep'r," the Ee- porter; "W. L. Eep'r," Washington Law Eeporter. The capital letters in parentheses indicate the respective divisions of the General Land Office in which the cases were examined and where the decisions may be found. The same designations of subjects decided appear alike in several divisions— as "Entry," "Location," "Patent," " Survey," and many others. The proceedings, how- ever, in the respective divisions are variant, and directed to different objects. To* obviate confusion and facilitate reference, therefore, the decisions upon matters origi- nating in and pertinent to each division are embodied, mainly, under the designation of the same; the several subjects being indicated by sub-heads with reference thereto under general heads.] ABANDO^'MI:NT. See Mines, #c., No. 1, et seq. ; (relocation) No. 204 ; (survey) No. 218. Pre-emption, No. 1, et seq. ; (contract) No. 25. Private land claims (Oregon donations), Nos. 54, 67, 69. Public lands (homestead entries), No. 206 ; (relinquishment) No. 314. Railroads, No. 1. Water rights, No. 2. ABSENCE. See Pre-emption, No. 5. ACCEPTANCE. See Private land claims. No. 1. ACCOUNTS.— DIVISION M. Certificates of deposit: 1. Issued on account of surveys, not receivable in payment for coal, desert, Indian, mineral, or timber lands. Com'r. (M.) to E, P. M., Eedwood Falls, Minn., April 12, 1882. Sec'y. Eobt. Sproul, G. L. O. Eeport, 1877, p. 143. 2. Limited to use in land district in which the land is located for the survey of which the deposit was made. Com'r. (M.) Circular, Aug. 16, 1882. 3. Issued for additional deposits under contracts prior to act of Aug. 7, 1882, not affected by restrictions of said act. Com'r. (M.) Circular, Sept. 21, 1882. 4. Issued for survey of mineral lands not receivable in payment for public lands. Com'r. (M.) C. C. Clements, Mar. 31, 1881. Circulars, April 1, 1879 ; Mar. 5, 1880 ; Feb. 26 and Mar. 18, 1881. Sec'y. Mar. 31, 1882. (3) i J)IGEST OF DECISIONS. Certificates of deposits — Continued. 5. Eeceivers directed not to receive certain certificates. Oom'r. (M.) Circulars, April 19 and Aug. 7, 1882. 6. Eeceivers advised of the issue of fraudulent certificates. Com'r. (M.) Circular, May 12, 1882. 7. Directions for cancellation and transmittal of to C L. O. Com'r. (M.) Circular, June 2, 1881. Change of entry : 8. Only provided for where an error in description has been made by the entryman, or the records are defective in not show- ing correct description. Com'r. (M.) E. & E., Gainesville, Fla., Sept. 29, 1882. Contingent expenses : 9. Expenditures in excess of appropriation, unauthorized and illegal. Com'r. (M.) Hon. T. Eyan, Jan, 24, 1883. fieposits for surveying public lands: 10. Eegulations prescribed as to manner of making deposits, ex- cess repayments, assignment of certificates, and E.'s & E.'s returns. Com'r. (M.) Circular, Mar. 5, 1880. Fees and commissions ; 11. Of registers and receivers in Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, Nebraska, Michigan, Minnesota, Mississippi, Missouri, and Wisconsin. Com'r. (M.) Circular, Mar. 7, 1881. 12. Of registers and receivers in Arizona, California, Colorado, Idaho, Montana, IJJ^evada, New Mexico, Oregon, Utah, Washington, and Wyoming. Com'r. (M.) Circular, Mar. 7, 1881. 13. Fees in mineral applications. Com'r. (M.) E. & E., Lake City, Colo., July 8, 1881. 14. No entry fees and commission to be collected on additional homestead entries under act of Mar. 3, 1879. Com'r. (M.) E. & E., North Platte, Nebr., July 26, 1881. 15. In timber-culture entries. Oom'r. (M.) Mar. 9, 1882. Indian reservations: 16. Eeceivers of public moneys to deposit gross proceeds from sales of. First Comp. Treasury, July 2, 1881 (M.) 17. Permanent ; is a territory of country, with definite boundaries, set apart, and its occupancy guaranteed by the Govern- ment for the use of the Indians, of which they cannot be deprived except by their own acts, and to which a fee-simple in them is not essential. Sec'y. (M.) Oct. 20, 1882. 18. Title to — or common Indian title, is distinguished from the aboriginal right of occupancy recognized in the Indians as to the great mass of land originally occupied by them. lb. DIGEST OV DECISIONS. O Receivers of public moneys : 19. Proper officer to receive. EegiRters should not receive public moneys, except a certain fee. Com'r. (M.) Circular, May 24, 1882. 20. Eeoeivers acting as disbursing agents. Directions as to render- ing accounts. Com'r. (M.) Circular, July 15, 1882. 21. Can only receive current funds of the United States in payment for public lands. Com'r. (M.) E. P. M. Grand Island, Nebr., Oct. 24, 1882. Registers and receivers : 22. Cannot charge fees for writing in making up record and de- cision and transcript thereof ; nor in commission to take testimony and copy of interrogatories, where the evidence is taken before some other oflScer. Com'r. (M.) to E. & E., North Platte, Nebr., July 18, 1882 ; to E. P. M., Lake City, Colo., May 6, 1882, 9 C. L. O. 35; C L. O. Circulars, (M.) May 24, 1879, Jan. 27, 1881. 23. Duties of, in reducing testimony to writing and attending to correspondence of of&ce. Com'r. (M.) to E. & E., La Crosse, Wis., July 29, 1881 ; to E. P. M., Lake City, Colo., May 6, 1882, 9 0. L. O., 35. 24. May permit county clerks to employ suitable persons to make abstracts of the records of the land offices; but not to in- terfere with business of offices. Com'r. (M.) E. P. M., Concordia, Kans., Feb. 23, 1882. Repayment : 25. Claim for, upon alleged receiver's receipt, where record failed to show entry, and alleged payment not having been cov- ered into Treasury, refused. Com'r. (M.) Wisner & Draper, April 18, 1882. 26. Claimant for, who voluntarily abandoned right to complete entry, not entitled to. Com'f. (M.) to John Carlaird, Jan. 20, 1882. Sec'y. Oct. 20, 1882. 27. Claimed on desert-land entry, not erroneously allowed, but purchasers in fault by failure to comply with the law, re- fused. Com'r. (M.) to Curtis, Earle & Burdette, Dec. 5, 1881. Sec'y. Oct. 11, 1882. 28. Desert-land entries having been canceled for conflict, or as having been erroneously allowed, purchase money will be refunded. Sec'y. Case of Jerome Madden et al, Nov. 16, 1880. 7 C. L. O., 151. 29. Desert-land entry — where party voluntarily abandoned the land because he could not procure water to reclaim it, refused. Com'r. (M.) Edw'd Leaventhal, AprH 26, 1881; G-onzales & Chaves, Dec. 5, 1881; Sec'y. Oct. 11, 1882. 3Q. Directed, where party had transferred his rights in a mineral entry subsequently to its cancellation. Com'r. (M.) July 29, 1881. Sec'y. Aug. 3, 1881. b DIGEST OF DECISIONS. Repayment — Continued. 31. Entry allowed on proof of residence, which was held by the Dept. to be insufficient, and thereupon entry canceled as having been erroneously allowed, repayment refused. Sec'.y. Aug. 1, 1881, Mrs. McDonald, 9 0. L. O., 135. 32. Entry made on double minimum land, afterwards reduced in price by act of June 15, 1880; the $1.25 per acre, paid in excess of the minimum price, directed to be refunded. Com'r. (M.) Sept. 7 and Sept. 26, 1882. Sec'y. Sept. 27. 1882. 33. Entrymen, under act of July 5, 1876, failing to make payment, or perfoi-m other required conditions, forfeit all claim to right of reimbursement, &c. Com'r. (M.) E. & E., Topeka, Kans., July 26, 1882. 34. For return of $1.25 per acre in excess of minimum price, cash entry, refused, as the act of June 15, 1880, only affected lands that were subject to entry after its passage. Com'r. (M.) May 3, 1881, Elizabeth Green ; reversed and re- turn ordered. Sec'y. June 16, 1881. 35. For return of fees and commissions on homestead entry refused ; for failure to comply with law as to residence. Com'r. (M.) Nov. 10, 1880, Wm. Goff. Sec'y, Mar. 19, 1881. 36. For refund on homestead entry refused; the claimant having been a minor at the time of entry. Sec'y. June 14, 1881, John A. Hayes. 37. Land within the ten-mile limits of a railroad grant, and in those of a rejected private claim, was excepted from the grant to the railroad, and refund for excess over minimum price Com'r. (M.) Aug. 4, 1881, W. J. Johnston. 38. On Osage ceded lands, refused ; claimant having failed to com- ply with the law as to residence, &c. Com'r. (M.) Nov. 10, 1881, E. & E., Independence, Kans. Sec'y. July 6, 1882. 39. Eefused for excess above minimum price ; the act of May 15, 1856, to aid in the construction of railroads in Iowa, hav- ing raised the price of the land to $2.50 per acre, before claimant's settlement. Com'r. (M.) Jan. 22, 1881, J. Garaghty. Sec'y. July 16 and Sept. 19, 1881; 8 C. L. O., 79. 40. Eefused, where at the date of filing, the entryman, (pre-emptor,) swore that he was 21 years of age, but was subsequently proved to have then been a minor; the entry being based upon false proof. Com'r. (M.) Nov. 25, 1881, Bird and Lowe. 41. Upon entries made upon soldiers' and sailors' additional home- steads at Visalia, Cal., refund of fees, commissions, and excess of purchase monev directed. Sec'y. April 3, 1882, N. P. Ohipman. 42. Will not be made where the land has not been erroneously sold by the United States, so that for any reason the sale cannot be confirmed. Sec'y. Nov. 16, 1880, on appeal affirming Com'r., 7 C. L. O., 151. DIGEST OF DECISIONS. 7 Special agents : 43. Manner of rendering accounts by ; legal charges, &c. Dept. circular (M.) July 29, 1881. Treasury circular, No. 55, 1880. State selections : 44. Final locations of, are made when the lists thereof have been examined by the E. & E. for approval and fees paid thereon. Com'r. (M.) July 24, 1882, State Sur. Gen. of Cal. ACCEETIONS To lands bounded on a navigable river belong to the riparian owner, and cannot be selected as swamp or overflowed lands. Minto V. Delancey, 7 Oregon E., 337. See Eailroads, No. 2 ; (land,.) No. 32. Timber Depredations, ( accretions, ) No. 1. ACT OF JUNE 23, 1860. See Private land claims, No. 2, et aeq. ACTS OF CONGRESS. See Construction, No. 5, and Beferences. ADDITIONAL HOMESTEADS. See Accounts, (repayments,) No. 41 (soldiers and sailors.) Fublio lands, (relinquishment,) No. 316; (residence,) No. 336. ADJOINING- FARM ENTRIES. See Public lands, No. 12, et seq. ADMINISTRATOR. See Mines, <^c.. No. 6; (mineral entry,) No.-135. Pre-emption, (entry,) No. 51. ADVERSE CLAIM. See Pre-emption, No. 7; (al)andonment,) Nos. 3, 4; (settlement,) No. 142. Mines, ^c. No. 7, et seq. ; (patent,) No. 163 ; (possession,) No. 185 ; (sur- vey,) No. 224. ADVERSE CLAIMANT. See Mines, ^c, Nos. 25, 26. ADVERSE POSSESSION. See Mexican and Spanish grants. No. 2. ADVERSE RIGHT. See Pre-emption, (selection,) No. 136. Private land claims, (Oregon donations,) No. 48. AFFIDAVIT. See Mines, ^c. (citizenship,) No. 55 ; (affidavit, non-mineral,) No. 152. Pre-emptio«,(con8truction,)No. 19; (pre-emption affidavit, ) Nos. 99, 100. AGENT. The law of agency applies to officers of the Government. A re- ceiver, in his official capacity, is an agent with powers defined by statute, and cannot bind the Government be DIGEST OF DECISIONS. yond the scope of his authority. Acts done outside thereof are void. Setfy. Dec. 4, 1880, H. O. Hodges, 7 C. L. O., 150. See AocounU, (special agents^) No. 43. Mines, ^c. (application for patents,) No. 44 ; (coal lands,) No. 61. Pre-empWon, (declaratory statement,) No. 36. limber depredation), (railroads,) No. 19. AGBICULTUBAL CLAIM. See Mines, #c., (adverse claim,) No. 16 ; (patent,) No. 161. AGRICULTURAL COLLEGE SCRIP. The State of Kansas having, under act of July 2, 1862, selected double minimum instead of twice the quantity of mini- mum lands ; the same, approved to it on that basis and ac- quiesced in for fifteen years, cannot now select additional lands. Sec'y. May 13 and June 21, 1881; Atty. Gen. June 17, 1881. ALABAMA. See Public lands, (affidavit,) No. 24. Bailroads, (construction,) No. 5a; (jurisdiction,) No. 20a. ALASKA. See Mines, ^c., No. 27. ALIEN. See Pre-emption, No. 8. ALIEN CORPORATION. See Mines, ^c. (patents,) Nos. 167, 170. AMENDMENT. See Pre-emption, (additional land,) No. 6; (amendments,) Nos. 9, 10; (filing,) No. 58. Private land claims, (boundary,) No. 11 ; (survey,) No. 131. ANNUAL LABOR. See Mines, ^c, No. 28, et seq. APPEAL. See Land Department, (Gen'l Land Office,) No. 11. Mines, /c, Nos. 32, 33. Pre-emption, (Board of Equitable Adjudication,) No. 11; (waiver,)No. 168. ^ Practice, Nos. 1, 2 ; (dismissal of, ) No. 3 ; (failure to, ) Nos. 4, 5 ; (notice of,) No. 8; (time for,) No. 12. Private land claims, Nos. 6, 7, 8; (survey,) No. 134. APPEARANCE. See Practice, (notice of appeal,) No. 8. APPLICATION FOR PATENT. See Mines, ^c., No. 34, et seq. ARIZONA. See Mines, fc. (reservation,) No. 210. DIGEST OF DECISIONS. 9 ABKANSAS. See Bailroads, No. 2. Swamp lands. No. 9. ASSIGNEE. See Military bounty-land warrants, Noe. 1, 4. Patents, No. 17. Pmate land claims, (Sup. Court scrip,) Nos. 116, 119. ASSIGNMENT. See Patent, No. 13. Choctaw scrip. Private land claims, (indemnity scrip,) Nos. 32, 33: (Sup. Court scrip,) Nos. 115, 119. Public lands, (preference right,) Nos. 291, 296 : (purchase money,) No. 300. ATTOBNET. See PulUc lands, Nos. 46,47,48; (contested case,) No. 122. BOARD OF EQUITABLE ADJUSTMENT. See Pre-emption, No. 11. BOUNDARY. See Mines, #e. (end lines.) No. 80; (location,) No. 103. Private Umd claims. No. 9, et seq. Riparian rights. No. 2. BOUNTT-LAND WABBANTS. See Military bounty-land warroMis. BBITISS SUBJECTS. See Private land claims, No. 13a; (Oregon donations,) No. 50. CALIFORNIA. See Land Department, No. 9. Mines, /c, No. 50. Private land claims, (survey,) No. 128. School lands, Nos. 1, 3. Tide lands. No. 1. CANCELLATION. See Private land claims, (Oregon donations,) Nos. 68, 69, 76. Public lands, (purchase money, ) No. 300. CASH ENTRY. See Private land claims, (interference, ) No. 34. Railroads, (settler,) No. 66. Swamp lands. No. 7. CEDED NEUTRAL LANDS. Eight of settlers to purchase under provisions of treaty of July 19, 1866, limited to lands actually improved. Armsworthy v. Mo. E., Ft. S. and G. E. E. Co., 5 Dillon, 0. C, 491, See Indian lands, No. 2. CERTIFICATES. See Mines, ^c. (of suit brought,) No. 51; (expenditures,) No. 87; (mineral entry,) No. 139. Private land claims, (publication of survey,) No. 106. PiMic lands, (of possession,) No. 281. 10 DIGEST OF DECISIONS. CERTIFICATION. See Mines, 4'C., (rule 83 of practice,) No. 52. CEBTIFICATJES OF LOCATION. See Private land claims, (surveyor general's scrip,) Nos. 122, 123. CSABAGTEB OF LAND. See Mines, ^c, No. 53; (hearings,) No. 93; (mill site,) Nos. 127, 130; (min- erals,) No. 144. Pre-empiion, (filing,) No. 56. Desert lands. No. 1. CSAUVIN CLAIM. See Private land claims. No. 14. CSILDBEN. See Private land claims, (Oregon donations,) Nos. 58, 59, 60, 73, 80, £2. Public lands, (minor children,) Nos. 254, 255. CSOCTAW SCRIP. Assignment of, to be made before the judge of probate of the county where the assignor resides, attested by two wit- nesses personally acquainted with the assignor, &c., the judge to certify to the good character of the party and witnesses. Com'r's. instructions, Nov. 20, 1880, 7 C. L. O., 142. CBURGH SITE. See Public lands, T>!o. 59. CITIZEN. See Mines, ^c. (mining claim,) No. 14&. CITIZENSHIP. See Mines, 4'c. , No. 55. Pre-emption, Nos. 12, 13, 14. " CLAIM." See Pre-emption, (entry,) No. 47. CLAIMANT. See Mines, ^c, No. 56 ; (lode or vein,) No. 115. Pre-emption, (town lots,) No. 160. COAL LANDS. See Mines, ^c. No. 57, et seq. COLOCAIORS. See Mines, ^o., No. 64; (relocation,) No. 205. COLORADO. See Private land claims, (Oregon donations,) No. 41. COLLUSION. See Pre-emption, (filing,) No. 59. DIGEST 0F DECISIONS. 11 COMMISSIONER GENERAL LAND OFFICE. See Land Dep't, (Gen'l Land Office,) No. 10, et seq. Military bounty-land warrants, No. 4. Practice, (appeal,) No. 2. Private land cJaims, (appeal, ) ^o. 8. COMMISSIONER OF PENSIONS. See Military bounty-land warrants, Nos. 2, 3, 4, 8, 9. COMMUTATION. See Private land claims, (Oregon donations, ) No. 61. Public Zands, (settlement,) No. 347. COMPLETE TITLE. See Private land claims, No. 15. COMPROMISE. See Timber depredations, (timber agent,) No. 28. CONFIRMATION. See Private land claims, (requisites to act of June 22, I860,) No. 5; (com- plete title,) No. 15; (construction,) No. 26; (patent,) Nos. 86, 87. CONFLICT. See Mines, ^-c, (plats and field notes,) No. 180. CONSTRUCTION. 1. Eeservation by the United States in grant of lands in aid of a road, for free passage of its mails, construed to exempt from tolls all persons engaged in transporting the United States mails, whether contractors with the Govei'nment or their employes. Schatts V. E. Co., 7 Oregon R., 250. 2. Tracts cornering upon each other are not contiguous; the latter word, as employed in the administration of the land laws, means that different subdivisions of land shall be in con- tact with each other, side by side. Sec'y. Dec. 18, 1880; 7 C. L. 0.,164. 3. Words are to be considered with the context, and understood in the sense in which they are employed. Com'r. (E.) A. & P. E. E. Co., Nov. 28, 1881. Sec'y- July 8, 1881. 4. If at the time the right of a railroad under its grant attached, there was upon any tract of the land a settler who had such a claim, that, as between himself and the Government his title could thereafter be perfected, such tract is excepted from the grant. Com'r. June 5, 1882, Wood v, S. P. E. E. Co., and Perkins v. same; April 11, 1882, Mitchell v. A. & P. E. E. Co.; Jan. 12, 1882, Whilsit v. same ; May 19, 1882, Musick v. same. 12 DIGEST OF DECISIONS. 5. The act of Congress of July 15, 1870, requiring the N. P. E. E. Co. to pay cost of survey, &c., held unconstitutional. County of Cass v. Morrison, 28 Minn. E., 257. See Indian reservations. Indian treaties, No. 1, et seq. Mines, fc, No. 67, et seq. ; (corporation,) No. 66. Pre-emption, No. 15, et seq. Private land claims, No. 16, etseq. ; (New Mexico donations,) No. 44; (Oregon donations,) No. 48. Public lands, No. 72, et seq. ; (statutes,) No. 355. Railroads, No. 4, etseq. Mniber depredations, No. 2. CONTEST. See Pre-emption, Nos. 22,23 ; (town lots,) No. 160. Private land claims, (survey,) No. 133. Public lands, No. 102, et seq. CONTESTANT. See Pre-emption, (laches,) No. 77 ; (preference right,) Nos. 106, 107. Public lamds, (relinquishment,) No. 318; (timber-culture entry,) Nos. 405, 406. CONTESTED CASES. See Public lands. No. 112, et seq. "CONTIGUOUS TRACTS." See Construction, No. 2. CONTRACT. See Mines, ^c, (surface lines,) No. 216; (survey,) Nos. 218, 319. Pre-emption, Nos. 24, 25 ; (construction,) No. 20. CONTRACTOR. See Timber depredations. No. 3 ; (military post,) No. 14. CO-OWNERS. See Mines, ^c. No. 65; (patent,) No. 164. Pre-emption, (residence,) No. 125. CORPORATION. See Surveys. Mines, ^c.. No. 66. Railroads, (trespasser,) No. 73. COURTS. See Patents, No. 3. Private land claims, (survey) No. 136. Public lands, (naturalization,) No. 258. CULTIVATION. See Private land claims, (Oregon donations,) No. 46. CUSTOM. See Mines, ^c, (mining rules,) No. 150. DAMAGES. See Timber d^rcdations, Nos. 4, 5, 6. DIGEST OP DECISIONS. 13 DECISION'S. See Zand Department, Nos. 2, 5, 8; (General Land Office,) Nos. 10, 14, 17. Private land claims, (construction,) No. 25 ; (practice, earjparte,) No. 115. DECLARATORY STATEMENT. See Mines, fo., (coal lands,) No. 58. Pre-emption, No. 28, etseq.; (amendment,) No. 9; (town lots, ) No. 159, Public lands. No. 351, ei seq. ; (requirements,) No. 329. Railroads, Nos. 6, 6a. DECREE. See Mines, ^c. No. 74. Pre-emption, (wife,) No. 172. Private land claims, (construction,) No. 19; (jurisdiction,) No. 38; (survey,) No. 128. DEED. See Land Department, (General Land Office,) No. 13, Pre-emption, (construction,) No. 21. DEFAULT. SeePre-emption, No. 40; (Osagetrust and diminished re9ervelanda,yNo. 89. Railroads, (practice, > No. 41. DELIVERY. See Private land claims, (patent,) No. 92; (Sup. Court scrip,) No. 118. DEPOSITS. See Accounts, (certificates of,) No. 1, et seq.; (for surveys of public lands,) No. 10. DEPUTY SURVEYORS. See Mines, ^c, Nos. 75, 76, 77; Private land claims, (fraud,) No. 28. DESERTED WIFE. See Pre-emption, (wife,) No. 173. Public lands, Nos. 143, 144; (construction,) No. 99. DESERT-LAND ENTRIES. See Accounts, (repayment,) Nos. 27, 28, 29. Public lands,'No3. 140, 141. DESERT LANDS. 1. Instructions as to proper characteristics; requirements for entry, location, reclamation, &c., under act of March 3, 1877. Oom'r. Circular, Sept. 3, 1880; approved by Department Sept. 11, 1880. 2. Irrigation — proof that crops have been raised on every portion of the land not necessary ; but it must be shown that suf- ficient water has been brought upon the land to thoroughly irrigate it. Com'r. Sept. 3 and Sept, 8, 1880; 7 0. L. O., 105, 139. 3. Notice to claimants who have failed to make proof and payment as required by law ; form of. Com'r. E. & E., Susanville, Cal., Aug. 28, 1880. 4. Eeclamation — proof of, must be satisfactory. Evidence that cereals, &c., have been raised is satisfactory proof. Com'r. Sept. 8, 18>)0; 7 C. L. O., 105. 14 DIGEST OF DECISIONS, DEYISEM. See Public lands, No. 145. DISCOVEBT. See Mines, ^-c, (lode or vein,) No. 111. DISCOVERT SHAFT. See Mitten, ^c, No. 78. DONATIONS. See Private land claims, (New Mexico donations,) No. 41, et teq. ; (Oregon donations,) No. 46, et seq. Town sites, No. 1. DBOUGHT. See Public lands, (final proof,) No. 175; (residence,) No. 330. DOWEM. See Public lands, No. 146. DUMPING GROUND. See Mines, ^c, No. 79. DUBESS. See Pre-emption, Nos. 41, 42, 43. END LINES. See Mines, ^c. No. 80; (lode or ledge,) No. 124. ENTBT. See Accounts, (change of entry, ) No. 8. Pre-emption, No. 44, et seq.; (county seat,) Nos. 26,27. Puilic lands, No. 149, et seq.; (private entry,) No. 297. Eailroads, No. 7, et seq. Town site, No. 2. ENTBYMAN. See Accounts, (repayment,) No. 33. EQUITY. See Public lands. No. 165. ESTOPPEL. See Pre-emption, No. 52. Private land claims. No. 27; (Oregon donations,) No. 75. EVIDENCE. See Mines, S^c, No. 81, et seq.; (location,) No. 107. Patent, No. 9. Pre-emption, Nos. 53, 54. EXPENDITURES. See Jccomiis, (contingent expenses,) No. 9. Mines, S^c. , No. 85, et seq. ; (improvements, ) No. 94 ; (placer claim, ) No. 177. FAILURE. See Pre-emption, (dnress,) Nos. 41,42,43. DIGEST OF DECISIONS. 15 FMES AND COMMISSIONS. . See Accounts, No. 11, et seg.; (registers and receivers,) No. 22. MiHtary iounty-land warrants, No. 6. Private land clams, (Sup. Court scrip,) Nos. 120, 121. Public lands, No. 173; (homestead entries,) No. 211; registers and receivers,) Nos. 307,308; (statutes,) No. 355. FILINGS. See Railroads, No. 11, et seq. Pre-emption, No. 55, et seq.; (Osage trust and diminislied resen'© lands,) No. 91. FINAL PROOF. See PuMic lands, No. 175, etseq.; (widow,) No. 420. FIRES. See Timber depredations, No. 7. FLORIDA. See Private land claims, (head rights,) No. 30; (surveys,) No. 130. FORCIBLE INTRUSION. See Public lands. No. 183. FOREIGNER. See Public lands, (homestead entries,) No. 221. FOREIGN SUBJECTS. See Pre-emption, (citizenship,) No. 12. FOREITURE. See Pre-emption, Nos. 64, 65; (Osage trust and diminished reserve lands,) No. 88 ; (proof and payment,) No. 113. Public lands, (timber culture,) No. 366. Railroads, Nos. 14, 15, 16. FRAUD. See Land Department, (General Land Office, ) No. 10. Private land claims, 'So. 28; (Oregon donations,) No. 74. Pre-emption, No. 66; (filing,) No. 60. FRAUDULENT ENTRY. See Public lands. No. 171. FRENCH GRANTS IN LOUISIANA. See Private land claims, No. 29. GENERAL LAND OFFICE. See Land Department, No. 10, et seq. Private land clmms, (investigation,) No. 36. Pre-emption, (fraud,) No. 66 ; (register and receiver,) No. 123 ; (vrife,) No. 172. Railroads, Nos. 17, 18. GOOD FAITB. See Pre-emption, No. 67; (mistake,) No. 79; (residence,) Nos. 128, 130. 16 DIGEST OF DECISIONS. GBAKTS. 1. Of alcalde in pueblo of San Francisco, made after conquest and before incorporation of city, are valid. Scott V. Dyer, 54 Cal. R., 430. 2. To Eailroad Company, certificate of Commissioner General Land Office, showing lands covered by, and approval of Secre- tary of the Interior, sufficient evidence that land passed by grant. Johnson v. Thurston, 54 Iowa E., 144. See Private land claims, (oonstruotioD,) Nos. 20, 21, 22. HEAD OF FAMILY. See Pre-emption, (wife,) No. 171. MFAD BIGHTS. See Private land claims, No. 30. HEAUIl^a. See Mines, ^c, No. 93. Pre-emption, No. 68, et seq, HEIRS. See Private land claims, (Oregon donations, ) Nos. 53, 59, 62, 73, 79, Pre-emption, No. 71 ; (entry,) No. 51 ; (residence,) No. 131. Public lands, No. 246 ; (relinqnishment,) Nos. 315, 322. HOLIDAY. See Public lands, (affidavit,) No. 24. HOMESTEAD. See Private land claims, (Oregon donations,) No. 64. Timber depredations. No. 11. HOMESTEAD CASES. See Public lands, (inatmctions, ) No. 241. HOMESTEAD CLAIM. See Private land claims, (Oregon donations,) Nos. 48, 52. HOMESTEAD CLAIMANT. See Public lands, (homestead entry,) No. 205 ; (record,) 305. Railroads, No. 19. Timber depredations, (damages, ) No. 4. HOMESTEAD ENTRY. See Accounts, (fees and commissions,) No. 14 ; (repayment,) Nos. 36, 36. Mines, 4'c., (dumping ground,) No. 79 ; (mineral entry,) No. 140. Pre-emption, No. 72; (residence,) No. 127. Public lands, No. 205, et seq. Railroads, {eriitTj,) Nos. 8, 9, 10; (settler,) Nos. 62, 63, 64; (soldier.) Nos. 69, 70; (wife,) No. 74; (withdrawal,) No. 77. HOMESTEADERS. See Timber depredations, Noa. 8, 9, 10. HOMESTEAD LAWS. See Public lands, No. 231. DIGEST OF DECISIONS. 17 HOMESTEAD SETTLERS. See Public lands, (unsurveyed,) No. 414. HUSBAND AND WIFE. See Pre-em/pUon, (abandonment,) No. 1 ; (wife,) No. 174. Private land elaima, (Oregon donations,) Nos. 49, 57. IDAHO. See Indian lands, No. 3. ILLINOIS. See Smamp lands, Nos. 1,2. IMPROVEMENTS. See ififtes, ^c, No. 94 ; (expenditures,) No. 8.5; (survey,) No. 222. Private land claims, (New Mexico donations,) No. 45. Pre-emption, No. 73. INDEMNITY. See Swamp lands, Nos. 1, 2. INDEMNITY SCRIP. See Private land claims, Nos. 31, 32, 33. INDIAN LANDS. Reserved in Cherokee treaty : 1. Lying west of the ninety-sixth degree of longitude, are, by Art. 16 of the Cherokee treaty of 1866, reserved to the United States for the settlement thereon of tribes of friendly In- dians. The possession and jurisdiction thereof, until thus disposed of, retained by the Cherokee nation, give it no right to settle its citizens upon them so long as the reserve to the United States subsists. 16 Opinions Att'y. Gen'ls., 470. Ceded neutral lands : 2. In Kansas, settlers on, under treaty of July 19, 1866, could pur- chase only such portions as they had improved. Armsworthy v. Mo. E., Ft. S. & G. E. E. Co., 5 Dillon C. C, 491. Territory of Idaho : 3. Is Indian country, but only so far as the rights of the persons and property of the Indian tribes are concerned, and to that extent within the sole jurisdiction of the United States. Prekett v. U. S., 1 Idaho E., 523. Non-intercourse act : 4. Of 1834, its purpose and effect was not to declare nor maintain that to be Indian territory which was not in fact in the occupation and under the control of the Indians. Clark V. Bates, 1 Dak. E., 42. Policy of the Government : 5. Has been to protect all citizens in the occupation of the ceded Indian country, and to secure cessions as fast as demanded by increase of our own poimlation; and territory ceded has never afterward been treated as Indian country for any purpose. Id. H. Mis. 45, pt. 1 2 18 DIGEST OP DECISIONS. Osage ceded lands : See Aocounts, (repayment,) No. 38. Mines, ^c. (location of mine,) No. 101. Pre-emption, (construction,) No. 18; (default,) No. 40; (Osage trust and diminished reserve lands,) No. 86, et seq. Puilic lands, (in Kansas,) No. i!33. Bailroads, (Osage Inds.,) Nos. 36, 37. ■ INDIANS. The Pueblo Indians of New Mexico are not within the provisions of the act of 1834, not being tribal, and are not subject to the jurisdiction of the Indian Department. U. S. V. Lucero, 1 K M. E., 422. See Pre-emption, No. 75. INDIAN SCBIP. See PuUic lands, No. 137; (Kaw scrip,) No. 238; (Chippewa half-breed,) No. 239; (Choctaw,) 240. INDIAN RESERVATIONS. Under Indian treaties, are strictly construed against the grantee or beneficiary. Goodfellow V. Muckey et al., 1 McOra., 0. 0., 238. See Accounts, Nos. 16, 17, 18. Mines, ^c, (coal lands,) No. 60. PuUUi ?a»wte, Nos. 235, 236; (Miamis in Kansas, ) Nos. 250, 251, 269; (Otoes and Missourias, in Kansas and Nebraska,) No. 270; (Ot- tawas and Chippewas,) No. 271; (permanent, defined,) No. 278; (Sioux and Winnebagoes, ) No. 350; (Utes in Colorado,) No. 415. INDIAN TITLES. 1. Cherokee title is not a mere right of occupancy, but derived by grant from the United States — a qualified fee with only the right of possible reversion in the United States. U. S. -y. Eeese, 5 Dillon, 0. C, 405. 2. Of Indians, in absence of legislation by Congress to the contrary, is but a right of occupancy, the fee remaining in the United States. GoodfeUow v. Muckey et al., 1 McCra., C. C, 238. See Accounts, (Indian reservations,) Nos. 17, 18. Public lands. No. 236. INDIAN TREATIES. 1. Cessions by treaty, proclaimed by the President, have always been considered and treated by the United States as an invitation by the Executive Department to all the people to come upon and possess the ceded country. Clark et al. v. Bates et al., 1 Dak. E., 42. 2. Treaty with Nez Perc6 tribe of June 9, 1863, reserved for the sole use and occupancy of the tribe, the territory de- scribed therein. Settlers upon the samte, and all otliers who go thereon to occupy land, are trespassers. Langford v. Monteith, 1 Idaho E., 612. 3. With Osage Indians of June 2, 1825, lands reserved thereby, for said Indians and in their actual occupancy, did not puss by the act granting lands to Kansas in aid of railroad construction. U, S. V. L., L. & G. E. E. Co., 1 McOra., C. C, 610 ; same v. Mo., E. & Tex. E'way Co., ih., 624. DIGEST OF DECISIONS. 1&' 4. Of November 16, 1861, between United States and Pottawatomie Indians, is not an exception to the general rule, and is not a grant in presenti. Goodfellow V. Muckey et al, 1 McCra., 0. C, 238. 6. Stipulations by — recognized by State or Territorial Government; in its act of organization, that lands in possession of aia Indian tribe should not be part of such State or Territory, the new government has no jurisdiction over them, Langford v. Monteith, 102 S. C, 145. INSTBUGTIONS. See Public lands, No. 241, et seq. INTENTION. See Pre-envption,lSo. 76; (occupation,) No. 83. Private land claims, (construction,) No. 28. INTEBFEBENCE. See Private land claims. No. 34. INTRUSION. See Pre-emption, (possession,) No. 97. INVESTIGATION. See Private land claims, Nos. 35, 36, 37; (boundary,) No. 13; (practice, > No. 96. IOWA. Grant of land to State in 1846 for river improvement ; claimed under railroad grant of 1856 ; confirmed to State by act of 1862 ; unsurvey ed in 1846, and Indian title not extinguished till 1853 ; held to have been exempted from railroad granfc and grant to State sustained. D. S. 0. E. E. Co. V. D. M. V. E. E. Co., 24 Iowa E., 80. See Railroads, No. 20. IBBIGATION. See Desert lands. No. 2. JUDGMENT OF COUBT. See Mines, ^c, No. 95, (patent,) No. 172. JUMISDICTION. See Land Department, Nos. 1, 3, 7, 9 ; (General Land Office,) No. IS. Practice, Nos. 6, 7. Pre-emxition, (Board of equitable adjustment,) No. 11; (fesajreog,) No. 70. Private land claims, Nos. 38,39,40; (boundary,) No. 9; (eenstruc- tion,) No. 17; (surveys,) No. 136. KANSAS. See Agricultural college scrip ; Ceded neutral lands. Ablic lands, (Miami Indian Reservation,) Nos. 250, 251. Bailroads, No. 21. School lands. No. 6. LAGSES. See Pre-emption, No. 77 ; (Osage trust and diminished reserve lands,) No. 86. 20 DIGEST OF DECISIONS. LAND. See Bailroads, No. 22. ^ LAND DEPAMTMENT. X. Appellate jurisdiction from, cannot be exercised by the cotirfs. But where, by misconstruction of the law, or misrepresen- tation and fraud, a party lias Ipeen deprived by its officers of his rights, the courts may refuse to give effect to its decisions, (tammby v. Gonlan, 104 S. C, 420. , 12. Decisions of, conclusive — " all the questions of law and fact per- taining to the proceedings" being "especially confided" to it. Mace V. Merrill, 56 Gal. E., 554. 3. Power of, over proceedings regarding title, ceases with the last official act necessary to transfer title to the claimant. U. S. V. Schurz, 102 S. 0., 378; 7 0. L. O., 153. 4. Rules by — for disposition of the public lands, including rules for making proof in pre-emption cases, not inconsistent with '■ law, will not be interfered with by the courts. Chapman v. Quinn, 56 Gal. R., 266. 5. The decision of the head of a Department is binding upon his successor, except in case where a relaxation of the rule is essential to the administration of justice ; but the reason which permits a review by the Secretary does not apply to the d.ecisions of the Bureau officers, they being subject to appeal, and if not appealed from, remain undisturbed. Sec'y. April 19, 1882. Eben Owen et al, 9 C. L. O., 111. 6. It is the duty of the Department to take notice of the records of the Department, and to determine matters in contro- versy in accordance therewith. Sec'y. March 2, 1882. Ohauvin case. 7. The Department has no power to review the decision of the court in the case of a survey pending therein at the passage o|' the act of July 1, 1864, on the question of jurisdiction; it should accept it as final. Sec'y. Jan. 4, 1882, Eaucho Alisal. 8. Decisions of Interior Department on questions appealed from the General Laud Office are binding upon that office. Act'g Sec'y. August 8, 1881. Alcide Gindnay, 8 C. L. O., 157. 9. The act of March 1, 1877, confers the jurisdiction and imposes the duty upon the Land De])artmeut to inquire into al- leged settlement rights upon lands improperly certified to the State of California in lieu of school sections 16 and 36, and to dispose of the title to the party found to have the better right thereto. Sec'y. Case of Lawrence Ketchum, Nov. 6, 1880, 7 C. L. O., 139. General Land Office : 10. Decisions of, upon questions of fact arising in course of its busi- ness are conclusive, unless tlie result of fraud or mistake ; but for errors in matters of law its decisions are subject to review by the courts. Aiken v. Ferry, 6 Saw., C. C., 79. DIGEST OF DECISIONS. 21 General Land Office — Continued. 11. Where, in the absence of an appeal, the Commissioner reviewed the decision of the local ofttcers, the Department, on appeal to it, will not review the decision, but dismiss the appeal and render the decision of the local officers final. Sec'y. Sept. 27, 1882. Brown v. Jefferson & Shaw. Sec'y. Nov. 17, 1882. Jack v. Grove. 12. The Commissioner has jurisdiction, by virtue of his supervisory authority, to examine the record of a case upon the decis- ion of the local officers from which appeal has not beea taken ; and if the law has been misconstrued by them, to reverse their decision. Com'r. (G.) Nov. 28, 1882. Willardson v. Dusterbnrg, 10 W. L. Eep't, 762. 13. Cannot, in a collateral proceeding, question the effect of a deed. to transfer title. Com'r. (G.) April 12, 1881. Maxwell v. Ballard et al, 8 C. L. O., 73. 14. One Commissioner of the General Land Office has no authority to review a decision of his predecessor which has become final. Sec'y. April 19, 1882. Eben Owen et al, 9 C. L. O., 111. 15. The Commissioner has no power to approve a survey which in effect would reverse former decisions of the Department in the case, however well convinced that such decisions vrere erroneous. Sec'y. Mar. 2, 1880. Chauvin case. 16. The claim having been confirmed by the Board duly authorized, survey made, accepted by party, and qualifiedly approved, and patent certificate issued, it was the duty of the Com- missioner to issue patent, though a portion of the land had been patented to a conflicting claim. Id. 17. Decisions of, relative to order for hearing on contest — appeal from, cannot be taken. Sec'y. May 2, 1881. Blair v. Ellsworth, 9 C. L. O., 90. See Patent, Nos. 3, 5. Pre-emption, (wife,) No. 172. Private land claims, (complete title,) No. 15; (jurisdiofcion,) No. 38; (Oregon donations,) Nos. 61, 64; (patent,) Nos. 89, 90 ; (publica- tion of surveys, ) No. 103; (selection,) Nos. 110, 111; (survey,) Nos. 124, 134. Mailroads, (filing,) No. 11 ; (General Land Office,) Nos. 17, 18. Timber depredations, (railroads,) No. 23. LATERAL LIMITS. See Mailroads, (Burlington and Mo. Kiv. E. R. Co.,) No. 3. LAW. '' See Puilic lands, (ignorance of,) No. 232. LEGAL BEPBESENTATIVES. See Public lands. No. 246. LIEU LANDS. See Mailroads, Nos. 23, 24. 22 DIGEST OF DECISIONS. LOCAL LAWS. See Mines, ^c, No. 98. LOCATION. See Military iounty-land warrants. No. 5. Mines, fc, No. 99, et seq. ; (lode,) Nos. 116, 117; (possession,) No. 183; (tunnel,) Nos. 238, 239. Porterfield scrip, Nos. 1. 2. Pre-emption, (Valentine scrip,) No. 164. Private land claims, (fraud,) No. 28; (selection,) Nos. 110, 111. Railroads, No. 25, et seq. Sioux half-breed scrip. No. 1. Timber depredations, (railroads,) Nos. 21, 24. LOGATOB. See Mines, ^c. No. 108. Timber depredations, (mining claim,) No. 15. LODE CLAIM. See Mines, ^c, (placer claim,) No. 175. LODE, LEDGE, ETC. See Patent, No. 16. Mines, ^c, (location,) No. 102a, No. 109, et seq.; (placer claim,) No. 175. LOUISIANA. See Private land claims, (French grants in,) No. 29; (surveyor general's scrip, ) No. 122. Swamp lands, Nos. 3, 4. MA BE ED MAN. See Private land claims, (Ore on donations,) ^o. 56. MARBIED WOMAN. See Public lands, Nos. 247, 248, 249; (minor children,) No. 254. MESQJJITE. ^ee Timber depredations. No. 12. "MEXICAN GRANTEE." See Mexican and Spanish grants. No. 4. Private land claims, (construction,) No. 23. MEXICAN AND SPANISH GRANTS. 1. All lands embraced in, before the same are confirmed and lo- cated, are reserved Irom sale or other disposal by the CTnited States under the act of July 22, 1854, and are exempted from the operations of law granting right of way, &c., to rail- Oom'r. (P.) 0. N. Gildersleeve, July 15, 1882. 2. By political chief of New Mexico in 1823, though not sufficient to pass title, for want of legal authority to make it, is ad- missible to found the basis of adverse possession against one who can show no better title. Pino V. Hatch, 1 N. M. R., 125. DIGEST OF DECISIONS. 23 3. By political chief of 'Sew Mexico, with the -advice of the provin- cial deputation, reciting that it was made by legal authority, grant and possession having remained without objection by the Gov't for 25 years, must be presumed to be valid j at least' against all' but the National Gov't. Id., Brocchus, J. 4. " Mexican grantee," as used in act of July 23, 1866, does not mean merely a person to whom a grant has been made, but one who in good faith has purchased land supposed to have been so granted, and improved and continued in possession thereof. Bacon v. Davis, 56 Oal. E., 152 ; Hormer v. Duggan, id., 257. •5. Political chief of New Mexico, after the separation from Spain, had no power without express authority from the Mexican Government to grant away any of the public domain, Pino V. Hatch, 1 N. M. E., 125. 6. Possession — after grant, under Mexican law, delivery of, was essential to complete investiture. U. S. V. Castro, 5 Saw., C. C, 625. 7. Property rights acquired in New Mexico under, are fully pro- tected by the treaty of cession, and cannot be disturbed. Pino V. Hatch, 1 N. M. E., 125. 8. Under the Mexican law of 1825, were alienable before location. Hunnicutt v. Peyton, 102 S. 0., 333. See Patent, No. 20. Mines, Sfo., No. VX>; (reservation,) No. 210. Pre-emption, No. 95. Private land claims, (boundary,) No. 10; (reserration, ) Nos. 107, 108, 109; (survey,) No. 127. Bailroads, No. 29. Tide lands. No. 2. Timier depredations, No. 13. MICMiaAN. See Swamp lands, Nos. 6, 7. MILITABT BOUNTY-LAND WAJtBANTS. 1. Assignee of, cannot be considered an innocent purchaser when warrant is issued in the name of a person deceased with- out heirs, or of a fictitious person. Sec'y. July 23, 1881. And, Anderson, 2. Caveat by Com'r of Pensions on ground of alleged fraud, unac- companied by evidence, is of no effect to stay patenting, Com'r. (B.) Sept. 2, 1881; J, A, Pennington, Sept, 12, 1881, I, H. Walker, 3. Com'r, of Pensions has no authority to cancel, in the hands of an innocent assignee, Sec'y, July ,13, 1881. And. Anderson. Com'r. (B.) Oct. 23, 1882. Benhart Henn. 4. Com'r. of Pensions has no jurisdiction to determine who is an innocent purchaser or bona fide assignee, that being con- fided to the Com'r. of the General Land Oflce, Sec'y. July 23, 1881, Wm. H. Barton. 24 DIGEST OF DECISIONS. 5. Location by innocent assignee under dujjlicate warrant, issued by mistake, entitled to patent. Com'r. (B.) Sept. 16, 1882. W. J. Carlyle. 6. 'So fee chargeable by General Land OflSce for certifications of assignment of. Com'r. (D.) Nov. 11, 1881. Sec'y. Nov. 20, 1881. 7. Patents issued under, and withlield, are subject, as to delivery, to the rule laid down in the McBride case. Sec'y. July 23, 1881 (B.) 8. Withdrawal of, from General Land Oflace by Commissioner of Pensions, discontinued. Sec'y. July 23, 1881. And. Anderson. 9. Withdrawn from General Land Office by Commissioner of Pen- sions, directed to be returned. Id. See Patent, No. 14. Public lands, (Com'r's certificate,) No. 253. MILITARY POST. See Timber depredations, No. 14. » MILITARY RESERVATION. See Mines, &e.. No. 126. PrmateXandelaims, (construction,) No. 16; (Oregon donations,) No. 51. MILL SITE. See Mines, ^c, No. 127, et seq. ; (location of mine,) No. 102; (non-mineral affidavit,) No. 152 ; (patent,) No. 169. MINERAL ENTRY. See Mines, ^e. , No. 134, et seq. Accounts, (repayment,) No. 30; (survey,) No. 225. MINERAL LANDS. See Accounts, (cert's of deposit,) No. 4. Mines, ^c. No. 141 ; (Alaska,) No. 27 ; (petroleum,) No. 174; (timber,) No. 234 ; (town site, ) No. 236. School lands, Nos. 1, 3. Timber depredations, (Mesquite, ) No. 12 ; (mining claims, ) Nos. 16, 17. MINERALS. See Mines, tf-c, Nos. 143, 144; (asphaltum,) No. 49; (coal lands,) No. 62; (gypsum, ) No. 92 ; (lime, limestone, ) Nos. 96, 97 ; (petroleum, ) No. 174; (rock salt,) No. 212. Railroads, No. 30. ■ MINERAL SPRINGS. See Mines, ^c. No. 142. MINES, MINING LAWS, RULES, TITLES, ETC.— DIVISION N. Abandonment : 1. Facts as to alleged, after publication, must be determined by Land Department; findings of the court thereon, not con- clusive upon it. Sec'y. Oct. 8, 1881. Crampton and Johnson v. Baer. DIGEST OP DECISIONS. 25 Abandonment — Continued. 2. As to the question of, it is immaterial whether the worJi done be by part owners or holders of the legal or equitable title, so long as done iu the interest of the claim. It is suf- ficient to save forfeiture for abandonment, and relocation cannot attach. Sec'y.May 16, 1882. Diamond Creek G. & Sil. M'g Co. v. Llovd,. 9C. L. 0.,54. 3. A relocation is, of all the prior location not embraced therein. Com'r. (N.) Dec. 17, 1880. C. D. Henry. 4. Exclusion from an application for patent of a portion of the claim, which is included in a prior application, and upon which the second applicant has filed an adverse claim, does not amount to. Com'r. (S.) Oct. 1, 1881. Eebellion M'g Co., 8 C. L. O., 105. 5. Failure to perform the work in a mining claim required by law, amounts to an abandonment of the claim, which may thereupon be occupied by another. Kramer v. Settler, 1 Idaho E., 485. Acts of Congress : Construction of sundry. See Mines, ^c, No. 67, et seq. Administrator : 6. Allowed to make entry for mining claim in Utah. Sec'y. May 5, 1882. Benton mine. Adverse claim : 7. When suit on is dismissed, party no longer entitled to maintain the position of an adverse claimant. Sec'y. July 10, 1881. Parker v. Thompson. 8. When regularly presented and suit begun on, the Land Depart- ment should take no action that will affect rights of the parties under the judgment that may be rendered. Sec'y. April 14, 1881. Moffat v. Compromise Lode claimants, 8 C. L. O., 54. 9. When the case is properly in court, record evidence in the Land Office, going to the merits thereof, cannot be consid- ered to destroy ^rima/ttcie sufficiency of. Id. 10. That does not show "extent and boundaries" properly dis- missed. Sec'y. Nov. 12, 1881. Stroever et al. v. Chamberlain. 11. A tunnel location can be an. Sec'y. Dec. 12, 1881. Bodie Tunnel & M'g Co. v. Bechtel Cons. M'g Co. et al., 8 C. L. O., 173, and C. M. L., (2 ed.,) 318. 12. Matters incident to the right of possession not a matter of protest, but pertain to an. Sec'y. June 8, 1882. Seymour v. Wood et al. 13. Must be filed to protect their rights by co-claimants who have not been properly notified that their share of assessment work is due; or who have paid the same. They waive their rights by failure to do so, and the law not only 26 DIGEST OF DECISIONS. Adverse claim — Coutinued. assumes that no such claims exist, but if antecedent pro- ceedings have been regular, all that might be set up in court has been adjudicated in favor of the applicant. Sec'y. Aug. 7, 1882. Grampian Ledge case, 9 0. L. O., 113. 14. In absence of proof to the contrary it will be presumed that suit was begun in time on an. Sec'y. Oct. 12, 1882. Temple et al. v. Doolittle et al. 15. Irregularities and informalities in the location and survey of, and the indefinite character of its location notice, are mat- ters -for the determination of the proper court. Id. 16. An agricultural claim not the subject of; the issue is one of fact, as to the character of the land, to be determined by the Land Department. Oom'r. (N.) Dec. 1, 1880. R and E., Lake City, Colo. 17. Unnecessary to file an, — ^based on a patented lode, as all area in conflict with a prior patent is excluded before issuance of a second patent. Adverse rights as between lode and placer claimants shall be adjudicated in the courts. Acting Com'r. (N.) June 11, 1881. McCauley Placer. 18. Not allowed where no conflict of surface ground exists. Com'r. (K.) Sept. 12, 1881. Eureka Mg. Co. v. Pioneer Cons. Co., 8 C. L. O., 106. 19. Waiver of an, by party making the first application, is a waiver of no right under the application. Com'r. (N.) July 14, 1882. Iron Queen Lode v. Codfish Balls Lode. 20. Survey of, not required by the law or ofiicial regulations to be authorized by or receive the approval of the Surveyor General. Com'r. (N.) May 10, 1881. Theo. Wagner. 21. Adverse claimant may make oath to, if absent from the district, before the clerk of any court of record or notary public of the U. S. or State or Territory where he may then be. Act of Apl. 26, 1882, 9 C. L. O., 52. 22. May be filed by claimant's duly authorized agent or attorney of fact. Id. 23. For a mining company, may be filed by the general superin- tendent, as an executive officer thereof, without specific authoritv to do so. Com'r. (S.) 'July 12, 1882. Delia S. Lode v. American Lode. 24. When verified by an agent, he must distinctly swear he is such agent, and must make the affidavit of verification of the adverse claim within the land district where the claim is situated. Com'r. (N.) May 9, 1882. Circular, 9 C. L. O., 52. See Mines, ^c, (mill site,) No. 128; (surrey,) No. 224; (waiver,) No. 241. Adverse claimant : 25. When suit on adverse claim is dismissed, a party is no longer entitled to maintain position of. Sec'y. Jan. 10, 1881. Parker v. Thompson. DIGEST OF DECISIONS. 27 Adverse claimant — Continued. 26. Should file certificate of commencement of suit within forty- five days from filing claim. Com'r. (N.) Dec. 10, 1880. Circular, 9 C. L. O., 148. See Mines, ^c, (adverse claims,) No. 21 ; (survey,) No. 224. Agent : See -Mines, ^c, (adverse claims,) No, 22 ; (application for patent,) No. 41. Agricultural claim : See Mines, 4-e., (adverse claims,) No. 16. Annual labor : 28. The provision of law relating to, on lode claims, has no appli- cation to mill-site locations. Com'r. (N.) July 25, 1882. Wm. A. Maguire. 29. In the absence of proof of no interruption of, between the date of publication and entry, when entry is deferred for several years after publication, the same will be called for before patent will issue. Com'r. (N.) Feb. 13, 1882. Hill De Arnitt. 30. Where location was made Oct., 1879, work done between that - date and Jan., 1880, cannot be allowed as that " required to be done annually" by the act of Jan. 22, 1880. Com'r. 'Soy. 10, 1880, 7 C. L. O., 130. 31. Where several persons locate 1,500 feet of mineral land in a body, but not in company, dividing the same into various claims, and holding in severalty, the sinking of a single shaft is not sufficient to perfect title to the whole. Zeck- endorf v. Hutchinson, 1 IsT. M. E., 476. See Mines, ^c, Cexpenditure, ) No. 89. Ap;peal : 32. Want of notice justifies dismissal of, on technical grounds. Sec'y. Dec. 18, 1880. Little Nettie Lode. 33. A protestant, or party without interest in a mining case, not entitled to, but is entitled to certification of case to the Secretary. Sec'y. June 8, 1881. Jacob Little Cons Mg. Co., 8 C. L. O., 53. Application for patents : 34. Secretary's decision of Nov. 29, 1880, in this case, not a prece- dent as to receiving a second, during pendency of the first. Sec'y. Mar. 3, 1881. Seaton Mg. Co. v. Davis. 35. Notice of, must be posted in local land oflSce the full period of sixty days. Where during period of notice, or publica- tion, the office is closed for a brief time, that time is not computed as part of the sixty days. Sec'y. Apl. 11, 1882. Tilden et al. v. Intervener Mg. Co., 9 C. L. O., 93. 36. Should be received in order of presentation, and not according to priority of approval of surveys. Sec'y. May 11, 1882. Big Flat Gravel Mg. Co. v. Big Flat Gold Mg. Co. et aZ., 9 C. L. O., 52. 28 DIGEST OF DECISIONS. Application for patents — Continued . 38. Presented without proof that plat and notice had been posted upon the claim, is void ab initio, and no bar to the recep- tion of another application. Acting Sec'y. Aug. 18, 1882. De Long v. Hine, 9 C. L. O., 114. 39. Should be refused on a defective survey, inadvertently approved, when R. and E. have been so notified by the surveyor general. Com'r. (N.) Dec. 21,1880. Albert Johnson. 40. May be made, excluding the portion involved iu conflict by an adverse claim against a prior application ; such exclusion does not amount to abandonment. Com'r. (N.) Oct. 1, 1881. Eebellion Mg. Co., 8 C. L. O., 105 41. When made by agent where the claimant was a resident of and in the land district, the claimant was allowed to sign the same, after entry, nunc pro tunc; it not being misleading and no protest existing. Com'r. (K) June 19, 1882. Robert O. Olds. 42. Though void ab initio, it has the effect of appropriating the land until declared illegal. Com'r. (N.) July 8, 1882. John R. Tunnel Lode. 43. May be withdrawn, but the fact should be made of record at the local office. Acting Com'r. (N.) Oct. 23, 1882. James Nesbitt. 44. For a mining claim, may be made by an agent, where claimant is not a resident of or within the land district. Act of Jan'y 22, 1880, 8 0. L. O., 71. 45. For placers, should state whether the land is all placer; and specifically as to lodes claimed. Com'r. (N.) Circular, Sept. 22, 1882, 9 0. L. O., 130. 46. For placers; should include the report of the deputy surveyor as to proximity of centers of trade, &c. Id. 47. For x^lacers; by an association; cannot embrace more than 160 acres; and $500 worth of work upon or for the benefit of each separate location must be shown. Com'r. (N.) Circular of Dec. 9, 1882. 48. For a placer, by an individual, who becomes the purchaser and possessor of several separate claims of 20 acres each, may embrace any number of such claims contiguous to each other, not exceeding 160 acres in aggregate; but $500 in improvements on each original location must be shown. Id. Asphaltum : 49. Land more valuable for, than for agriculture, is subject to entry under the mining laws. Com'r. (N.) Feb. 7, 1882. H. Poole. Assessment work : See Mines, - plied for, so that it will not be cut or developed by the fur- ther extension of the tunnel, or any branch tunnel author- ized by the act, then such vein or lode should no longer be reserved from sale. The question should be determined by hearing. Id. Timber : 234. On odd-numbered sections of public mineral lands granted to Central Pacific R. E. Co. subsequent patentee of such lands took no title to the timber. Carr v. O. P. E. E. Co., 55 Cal. E., 192. See Mines, ^c, (possession,) No. 186. Title : 235. To mines, &c., how acquired. Belk V. Meagher, 3 Mon. E., 65. Town site 236. May be located on mineral land. The question of the respect- ive rights of town-site and mineral claimants, as well as of priority of occupation, and what is the necessary use of sur- face, by the mineral claimant, is left to the courts. Sec'y. Eico Town Site case, July 6, 1882, 9 C. L. O., 90. 237. When patented, the land embraced therein does not belong to the United States, even if the minerals do, and no location of a mining claim can therefore be made. Act'g Com'r. (N.) June 28, 1881. G. E. Williams, 9 C. L. O., 147. See Mines, fc-t (location,) No. 102; (mill site,) No. 129. Tunnel : 238. Location of, under the U. S. mining laws, is a mining claim, and can be an adverse claim. Sec'y. Dec. 12, 1881. Bodie Tunnel M'g Co. v. Bechtel Cons. M'g Co. et al, 8 C. L. O., 173, and C. M. L., (2 ed.,) 318. 239. The requirement of location and notices of a proposed tunnel apply only where blind lodes are sought to be discovered, and not to tunnels, under the act of Feb. 11, 1875, run to develop lodes already discovered. Com'r. (N.) May 4, 1881, Henry M. Hoyt, 8 C. L. O., 71 ; C. M. L., (2 ed.,) 301. DIGEST OF DECISIONS. 47 Tunnel — Continued. 240. The right to run a, through public land is given by implication ; no statute governing the use of public land for construct- ing a mining tunnel through it; such possession liable to forfeiture by non-user. Com'r. (E.) Feb. 29, 1882. M. Hirschman. See Mines, ^c, (lode or ledge,) Nos. 120, 121. Ute country : Ten mile strip in. See Mines, ^c, (coal lands,) No. 60 Waiver : 241. Of an adverse claim, against a second application for a tract for which the adverse claimant had a pending application^ is a waiver of no right under his application. Com'r. (N.) Iron Queen Lode v. Codfish Balls Lode, July 14^ 1882. Water rights : See Mines, ^c, (adverse claim,) No. 13 ; (possession,) No. 184. For mining, &c. See Water rights, No. 1. Worlc: See Mines, ^c, (annual labor,) No. 28, etseq. MINING. See Water rights, No. 1. MINING CLAIMS. See Mines, 4-c., No. 45, et seq. ; (Mexican and Spanish grants,) No. 125. Timier d^redations, Nos. 15, 16, 17. MINING MULES. See Mines, ^c, Nos. 150, 151. MINNESOTA. See Public lands, No. 252. MINORS. See Pre-emption, (citizenship,) No. 13. Public lands, (minor children,) Nos. 254, 255. MISCONDUCT. See Pre-emption, (neglect,) No. 78. MISSISSIPPL See Bailroads, (construction,) No. 4. MISTAKE. See Mines, ^c, (record,) No. 201. Patent, Nos. 11, 12. Pre-emption, No. 79. Private land claims, (investigation,) No. 37. MORTGAGE. See Pre-emption, (construction,) No. 20. 48 DIGEST OF DECISIONS, NAME. See Public lands, (error,) No. 166. NATURALIZATION. See Pre-emption, (Indiana,) No. 75. PubUe lands, Nos. 257, 258. Bailroads, (pre-emption claimant,) No. 45. NEBliASKA. See Public lands, (Otoe and Missouria Ind. Kee.,) No. 270. NEGLECT. See Private land claims, (estoppel^) No. 27. NEW MEXICO. See Indians, (Pueblo Iijdians.) Private land claims, (Pueblo Indians,) Nos. 101,102. NEfT MEXICO DONATIONS. See Private land claims. No. 41, et seq. NEWSPAPERS. See Mines, fc., (publication,) No. 198. Public lands, Nos. 259, 260. NON-INTERCOURSE LAW. See Indian lands, No. 4. NOTICE. See Desert lands, (to make proof and payments,) No. 3. Mines, ^c, No. 153, etseq. ; (application for patent,) No. 35; (location,) No. 103. Pre-emption, '!^n. 80; (entry ,) No. 44 ; (hearing,) No. 69; (Osage I. and D. R. lands,) No. 91. Public lands. No. 261, et seq. ; (homestead entry,) No. 220. NOTIFICATION. See Private land claims, (New Mexico donations,) No. 42 ; (Oregon dona- tions,) Nos. 63, 65, 67, 08. OATS. See Mines, fc, (adverse claim,) No. 24. OCCUPANCY. See Indian titles, Nos. 1, 2. Private land claims, (Oregon donations,) No. 77. OCCUPANT. See Pre-emption, Nos. 81, 82. OCCUPATION. See Mines, ^c, (coal lands,) No. 61. Pre-emption, Nos. 83, 84, C5. Railroads, No. 31. OFFERED LANDS. See Pre-emption, (private entry, ) No. Ill ; (Southern States,) Nos. 147, 148. Railroads, No. 32. - OREGON. See Swamp lands, No. 5. DIGEST OF DECISIONS. 49 OREGON DONAllONS. See Private land claims, No. 46, et seq.; (British subjects,) No. 13a. Railroads, No. 33. ORPHANS. See Private land claims, (Oregon donations,) Nos. 70, 71, 72, 85. Public lands, (minor oliildren,) Noa. 254, 25."). OSAGE CEDED LANDS. See Accounts, (repayment,) No. 38. Railroads, Nos. 34, 35. School lands. No. 6. PARTIES. See Private land claims, (practice,) No. 100. PATENTS. 1. Contestant of the right of another to, must show some right in the premises in himself. Aiken v. Terry, 6 Saw., 0. C, 79. 2. Delivery of canceled, under the McBride decision, directions for. Oom'r. and Sec'y. Feb. 28, 1881, 8 0. L. O., 10. 3. Courts will not restrain issue of, by Land Department. Leitensdorfer v. Craig et al., 5 Dillon, C. C, 419. 4. Equitable rights under pre-emption law, maintainable against, when obtained by false testimony and imposition, or by misconstruction by patenting authority. Chapman v. Quinn, 56 Cal. E., 266. 5. Only deliverable by Land Dep't to party legally entitled to re- ceive it. Com'r. Mar. 20, 1882. 6. Issued on survey not approved, under E. S. 2447, is void. Dalles City v. Missionary Society M. E. Church et al., 6 Saw., C. C, 126. 7. Issued without authority ; United States may maintain bill in equity to set aside. U. S. V. Leav., Law. & Gal. E. E. Co., 1 McCra., C. C, 610. 8. Issued upon due authority, cannot be impeached collaterally. Smelting Co. v. Kemp, 104 S. C, 636. 9. Issued by the United States on confirmed Mexican claim, is in the nature of a quitclaim, and, as against the United States, is evidence that the validity of the claim has been established. Adam v. Norris, 103 S. C, 591. 10. Is conclusive only between the parties. Id. 11 . Issued on mistaken views or corrupt motives, cannot be attacked by aggrieved party in action at law. He must resort to eqaity. Smelting Co. v. Kemp, 104 S. C, 636. 12. Issued on mistaken judgment by land officer, is not a nullity, and cannot be attacked in ejectment. O'Connor v. Frasher, 56 Cal. E., 499. H. Mis. 45, pt. 1 4 50 DIGEST OF DECISIONS. Patents — Oontiuued. 13. Issued on fraudulent assignment; under the decision in the McBride case, must be delivered to patentee. Sec'y. July 23, 1881. An. Anderson et al., 8 0. L. O., 95. 14. Issued on two bounly-land warrants to same person; both must be satisfied. Com'r. July 26, 1882. W. J. Carlylc, 9 C. L. O., 137. 15. Improperly issued, must be attacked in a proper judicial pro- ceeding against the person who has procured its issue. Leitensdorfer r. Craig et al., 5 Dillon, C C, 419. 16. Lodes known to exist in placer limits, for which patent is not sought in the i^lacer application, are excepted from the placer patent; on regular proceedings and proof may be patented as if no patent had issued for the placer claim. Com'r. Sept. 18, 1880, 7 C. L. O., 100. 17. Should not issue to assignees except when they are expressly authorized to take, in their own names, by statute. Com'r. July 27, 1880, 7 C. L. O., 85. 18. Title by, from United States is title by record, and delivery of, is not necessary. U. S. V. Schurz, 102 S. C, 378 ; 7 C. L. O., 153. 19. When regularly executed and recorded, the patentee is entitled to the possession. Id. 20. When founded ujion a superior Mexican grant, the rights of the patentee are not concluded by a prior survej' and pat- ent to other claimants. Adam v. Norris, 103 S. C, 591. 21. Under wrongly issued, the patentee is trustee for the party entitled, when. Aiken v. Terry, 6 Saw., C. C, 79. See Land Department, (General Land OiBce,) No. 16. Military bounty-land warrants, No. 7: Mines, ^c.,No. 157, etstq.; (application for,) No. 34, ei seq. ; (mill site,) No3. 131, 132, 133. Pre-emption, (heirs,) No. 71 ; (pre-emption right,) No. 104. Private land claims, No. 86, et seq. ; (Oregon donations,) Nos. 49, 73, 74. Publio lands. No. 273, et seq. Railroads, No. 38, et seq. ; (suit,) No. 71. Sioux half breed scrip, No. 2. PAYMMNT. See Mines, ^-c, No. 173. Private land claims, (for surveys, ) Nos. 93,94; (Supreme Court scrip,) No. 117. PEKJUEY. See Public lands, No. 277. PERSONAL RIGHT. See Public lands. No. 279. PLACER. See Mines, &-C., (location,) No. 102a ; (application for patent,) Nos. 45, 46, 47, 48; (patent,) No. 166. DIGEST OF DECISIONS. 61 PLACER CLAIM. See Mines, ^o., No. 175 et seq.; (relocation,) No. 205. PLAJfTING. See Puilic lands, (timber calture entries,) Nos. 387, 389. POLICY OF GOVERNMENT. See Indian lands. No. 5. FOBTEEFIELD SCRIP. 1. May be located upon offered or unoffered land, and upon land within the limits of an incorporated town. Sec'y- Oct. 26, 1881, 8 0. L. O., 143. 2. Is locateable upon any surveyed land of the United States, not mineral and not legally appropriated. A mere de facto ap- propriation does not run against the United States ; nor preclude the location of said scrip, notwithstanding the equities of an adverse claim. Id. POSSESSION. See Patent, No. 19. Mexican and Spanish grants, No. 6. Mines, ^-c, No. 181, et seq. ; (tunnel,) No. 240. Pre-emption, Nos. 95 et seq. ; (occu]3ant,) No. 82. Publie lands, Nos. 280, 281, 282. POSSESSORY BIGHT. See Mines, ^c, No. 187; (military reservation,) No. 126; (reservation,) No. 209. Pre-emption, No. 98. PRACTICE. Appeal: 1. From decisions of the local officers must be filed within the time required by the rules ; or, to be entertained, if not so filed, must set forth good reasons for the delay. Acting Sec'y. Aug. 7, 1880, 7 C. L. O., 99. 2. From Oom'r's decision, cannot restore rights lost by failure to appeal from decision of local office. Acting Sec'y. Nov. 9, 1880. Clark v. Carter, C. L. O., 130. None lies from Board of Equitable Adjudication. See Pre-emption, (Board of Equitable Adjudication.) Dismissal of appeal: 3. From decision of E. & E. for reason that notice was not served on opposite party, is erroneous. The rules relating to appeals from Com'r to Sec'y do not apply to appeals from E, & E. Hirst v. Dickson overruled. Sec'y. Nov. 17, 1882. Lynch v. Merrifleld. Failure to appeal: 4. From decision of local office, it becomes final as to facts ; and will not be disturbed except where fraud or gross irregu- larity is suggested on the face of the papers ; or the decis- ion is contrary to existing laws or regulations; or in case of disagreeing decisions by local officers. Act'g. Sec'y. Nov. 9, 1880. Clark v. Carter, 7 C. L. O., 130. Sec'y Sept. 29, 1882. Brown v. Jefferson and Shaw. 52 DIGEST OF DECISIONS. Failure to appeal — Continued. 6. From decision of E. & E. is a waiver of any right the party may have had. Seo'y. Sept. 29, 1882. Brown v. Jefferson and Shaw. Jurisdiction : 6. Local land officers have, to order a hearing as a new case, on matter occurring after a formal hearing, no entry having been allowed. Com'r. Jan. 20, 1881. Zachary v. Westbrook, 7 C. L. O., 178. 7. The question of, should be raised by objections, before a decision is made upon the merits. Id. Notice of appeal : 8. From decision of E. and E. can only be given by publication when the residence of the party to be served is unknown ; which fact must hh shown by affidavit. Appearance to protest is not a waiver of the laches. Seo'y. Jan. 13, 1881. Gulseth v. Samson, 7 0. L. O., 163. 9. From decision of local officers, not required to be served on the opposing party. Sec'y. IJTov. 17, 1882. Lynch v. Merrifleld. Pre-emption affidavit: See Pre-emption, (pre-emption aiPt.,) No. 99, et seq. Rules : 10. Of practice of the Gen'l Land Office, approved by the Dep't, are intended for observance ; and it is beyond the power of the local officers to modify' or ignore them, but is their duty to enforce them. Id. 11. Eule 83 applies only where the matter submitted for revision raises the presumption that there has been such an error as to convince the Dep't that a proper administration of the public business requires its intervention. Sec'y. Feb. 14, 1882. Wright v. St. Bernard M'g. Co., 9 C. L. O., 9. Time for appeal: 12. When notice of decision is given, both to counsel and to the party, through the local office, the time should be reckoned from date of notice to the party himself. Com'r. (G.) Oct. 17, 1881. Eoach v. Myers et al. See Mines, &c., (subpoena duces tecum,) No. 213. Fre-emption, (evidence, ) Nos. 53, 54 ; (hearing, ) No. 58, et sea.: (review, > No. 133 ; (waiver,) Nos. 165, 168, 169, 170. Private land claims, No. 95, et seq., (public lands,) No. 283, et seq. -^ (rules of,) Nos. 341, 342, 343 ; (notice,) No. 261, etseq.; (review,) No. Bailroads, No. 41. DIGEST OF DECISIONS. 53 PRE-EMPTION— DIVISION G. Abandonment : 1. Of tract claimed by husband, during coverture, is abandonment by the wife. Sec'y. Feb. 21, 1882. (G.) Larsen v. Pechierer, 9 C. L. O., 97. 2. Of land until determination of contest, with a preservation of rights ad interim, cannot be recognized. Sec'y. July 13, 1882. Titus v. Bull, 9 0. L. O., 117. 3. A pre-emptor who relinquishes his rights by failure of constant assertion thereof on the land, cannot resume them at pleas- ure, in the presence of an adverse claitn. Id. 4. In the absence of an adverse claim, pre-emptor may, after tem- porary abandonment, resume his residence upon the land; and upon showing good faith, in compliance with law, make entry. Com'r. (G.) Aug. 12, 1881. Milan v. Pavrow, 8 G-. L. O., 93. See P»"e-em;)(io», (filing,) No. 58. Absence : 5. If a party has filed notice of, under act of June 4, 1880, and is absent from the land in fraud of the act, he acquires none of the granted benefits ; and this may be matter for investi- gation at the proper time. Sec'y. July 30, 1881. (G.) Bowers v. Wilson, 8 C. L. O., 107. Acts (of Congress) : Construction of sundry. See Pre-emption, (construction,) No. 15, et seq. Additional land : 6. A pre-emptor who first claimed less than 160 acres may file for 160 acres by embracing an additional vacant tract or tracts adjoining the land first claimed. Sec'y. Jan. 16, 1882. (G.) Osborne v. Havens & Haws; Bryan V. Whittles. (1st Lester, 391, cited.) See Pre-emption, (amendment,) No. 9. Administrator : See Pre-emption, (entry,) No. 51. Adverse claim : 7. To defeat a prior pre-emption claim, defective only in that proof and payment were not made in time, must be sustained by the usual and accepted affirmative proofs. Sec'y. Dec. 10, 1881. Larson v. Parks, 8 0. L. O., 168. Affidavit of contest : See Pre-emption, (waiver,) No. 165. Agreement: See Pre-emption, (construction,) No. 20. 54 DIGEST OF DECISIONS. Alien: 8. Acquires no right whatever by mere settlement upon the public land. Act'g Sec'y. Sept. 28, 1881. Bachman v. Schindler ; McMurdie V. Central Pac. R. E., 8 0. L. O., 36 ; Aubrey v. Clapp, 8 C. L. O., 193 ; and Andrews v. Forest, Sec'y, Oct. 16, 1882, cited. Amendment: 9. Of declaratory statement allowed to embrace an additional quantity of land, sufficient, with that originally filed, to aggregate 160 acres. Com'r. (G.) Kov. 28, 1882. E. & E., Walla Walla. 10. Of a filing or entry cannot be allowed to the detriment of a sub- subsequent settler, where the mistake in description was due to the applicant's negligence. Com'r. (G.) Nov. 28, 1881. Snoderly v. Fulton. Appeal : See Practice, (appeal,) No. 1, ei seq. Zand Department, (Com'r GeDeral Land Office,) Noe. 11,17. Board of Equitable Adjudication : 11. Has exclusive jurisdiction within the sphere of the powers con- ferred upon it by statute. Ifo appeal lies from its decis- ions, nor are they subject to review by any other tribunal. It may, upon allegations of fraud in an entry, revoke its confirmation thereof. Sec'y. Dec. 8, 1882. Conlin v. Yarwood. Citizenship : 12. Subjects of other Governments resident in the ceded portions of Mexican territory at date of the treaty of Guadalupe Hidalgo, were not embraced within the terms of the eighth article thereof, and, not having become naturalized, or de- clared their intention to become citizens of the United States, remained residents of the United States, as before thev were but residents of Mexico. Sec'y. Feb. 4, 1882. Aubrey r. Olapp, 8 C. L. O., 193. 13. The right of, not acquired by any one who came to this country with his father when a minor, the father never having be- come fully naturalized. Sec'y. Feb. 18, 1881. Hutchinson v. Donaldson. 14. ISTo right of, conferred by E. S. 2167 prior to the date of taking the oath and submission of the proofs therein required. Act'g Sec'y. May 16, 1881. Hutchinson v. Donaldson, 9 C. L. O., 150. Claim : See Pre-empHon, (construction,) No. 17. Commissioner of the General Land Office : See Land Department, (Com'r G. L. 0.,) No. 10, ei seq. Construction : .15. Act of March 3, 1863. Sec'y. July 24, 1882. D. W. Diggs, 9 C. L. O., 104. DIGEST OF DECISIONS. 55 Construction — Con tin iied . IG. Of July 23, 1866. The seventh section of, not repealed by the Eevistd Statutes. Sec'y. June 8, 1882. Ward v. Williams. 17. Of May 14, 1880. The word "claim" in first section refers only to inceptive rights that may be acquired by settlers under the several acts therein named, but does not include pre- emption cash entries. Com'r. (G.) July 21, 1881. Ole C. Ulven. Mar. 11, 1881. Ivlartin O. Hexom. 18. Of May 28, 1880, for disposal of Osage trust and diminished reserve lands. Com'r. (G.) Jan. 1,1881. John 0. Hendrickson. Feb. 5, 1881. A. E. Lamb. 19. Of June8, 18S0, relating to pre-emption and final homestead affidavits. Com'r. (G.) Aug. 23, 1881. Calvin Hawkins, 8 C. L. O., 93. 20. Tlie contract or agreement referred to in R. S. 22C2, in order to defeat the pre-emptors right of entry must be one by force of which title to the land must vest in some other person than himself; nud it must appear that such was his inten- tion ill making it. A mortgage given b3' the i)re-emptor, if a mere security for the money loaned, and not a contract necessarily divesting him of the titk', is not a contract or agreement within the mean- ing of said section. Sec'v. April 24, 1882. Larson v. Weisbecker, 9 C. L. O., 60. Act'g Sec'y. Oct. 22, 1882. Jenkins v. Sisk. 21. A quitclaim deed is not such a contract as comes within the uieanii]g of 11. S. 2262, and will not defeat the right of entry. -E converse in case of a warranty deed. Com'i-. (G.) Oct. 10, 1881. State of Cal. v. Alari, 8 C. L. O., 140. See Fre-empiion , (Osage trust iiud diinluislied reserve lauds,) No. 86, etseq. Contest : 22. May be brought in certain cases to determine the nature and extent of individual possession and the legal priorities of the respective claimants. Sec'y. Jan'y 15, 1881. Kort v. Helton. 23. Cannot be brought against unexpired preemption filing by a stranger to the record. Com'r. Aug. 12, 1881. Milam v. Favrow, 8 C. L. O., 93. Contestant : See Pre-emption, (prcfiTence right,) Nos. 105, 106, 107. Contractor agreement: 24. The existence of, by which the title the pre-emptor might ac- quire would inure to the benefit of another, while a bar to entry, does not defeat entirely the pre-emption right ; the settler may render himself qualified to take the prescribed oath by showing a rescision of the contract. Com'r. (G.) Oct. 10, 1881. State of Cal. v. Alari, 8 0. L. O., 140. 56 DIGEST OF DECISIONS. Contract or agreement — Continued. 25. An agreement by a pre-emptor to abandon his rights, occupancy, &c., so that another may pre-empt the same land, is valid. Olseu V. Orton, 28 Minn. E., 36. See Pre-emption, (construction,) No. 20, as to, in meaning of K. S. 2262. County seat : 26. No proof is required in entry of, under E. S. 2286 except that the commissioners must show that they are authorized to make the entry and that the seat of justice of the county is located on the quarter-section sought to be entered. Com'r. (G-.) March 23, 1881. Le Grand, Oregon. Gom'r. June 8, 1881. Central City, Colo. 27. In making entry for, notice of intention under act of Mar. 3, 1879, must be published. Com'r. (G.) June 8, 1881. E. and E., Central City, Colo. Declaratory statement .• 28. The offer to file, and its erroneous rejection, has the same effect as though the filing had been accepted. Sec'y. Jan. 31, 1881. Stuart v. Pentland, 7 C. L. 0., 180. 29. One who' settles and files a D. S. with knowledge of a prior claim, and abandons, without consideration, in conse- quence thereof, may file a second for another tract. Com'r. (G.) Jan. 25, 1881. Samuel Englehart. 30. It is of no consequence that the D. S. is not filed within the statutory period, in the absence of an adverse claim. Stuart V. Pentland, supra. 31. The filing of, prior to the filing of the plat of survey, in the local ofice, is unauthorized, premature, and void. Sec'y. June 17, 1881. E. W. Clark. Lansdale v. Daniels, 10 Otto, 113, cited. 32. One who files and transmutes same to a homestead entry, ex- hausts his preemption right. Sec'y. July 21, 1881. John Gunn. 33. In the absence of adverse rights a party may file a second, for the same tracts. Sec'y. Nov. 17, 1881. Wm. L. Phelps, 8 C. L. O., 139. Sec'y. June 20, 1882. Jas. H. Battle. 34. One who has filed a D. S. for land afterward reserved, is entitled to file another for other land upon which he may have set- tled. Com'r. (G.) Jan. 4, 1882. Eees v. Churchill. 35. It is not essential that a D. S. should be dated. The date of actual filing should be noted on it by the local officers. Com'r. (G.) July 13, 1882. E. and E., Miles City, M. T, 36. An agent may fill up the blanks in a D. S. and file the same in person, or forward it through the mails; but it must be signed by the claimant in presence of a witness. Com'r. (G.) July 13, 1882. E. and E., Miles City, M. T. 37. A settler cannot be placed under oath at time of filing his D. S. as to the facts respecting his right to file the same. Id. DIGEST OF DECISIONS. 57 Declaratory statement — Continued. 38. Second D. S. may be filed and effective, when by reason of defects in first declaration it is unavailing, and no rights of third persons have intervened. Oumens v. Cypher, 56 Cal. E., 383. 39. The rule that the filing of a pre-emption D. S. prior to filing the map of survey is a nullity, held to apply to a home- stead application'. The applicant acquires no rights thereby, and it has only the effect to show his intent in Deed : respect to the tract. Sec'y. Jan. 18, 1881 (P.) Frank Portman. See Land Dep't, (Com'r. G. L. O.,) No. 13. Pre-emption, (construction,) No. 21. Default (Osage trust and diminished reserve land) : 40. As between two pre-emption claimants, both of whom were in default, as respects the filing of a D. S. in time, he who first gives notice of his claim is entitled to make entry. Sec'y, Mar. 5, 1882. Herbert v. Eeed, 9 C. L. O., 9. Duress : 41. Will excuse a failure to comply with the requirements of the pre-emption law. Com'r. (G.) Feb. 28, 1881. Jepson v. Wilburn, 9 C. L. O., 133. 42. A failure to comply with law on account of, can only be excused when it is shown that the party was in fear of his life, or great bodily injury, superinduced by threats made to him personally or brought to his knowledge, or by attempted violence. Com'r. (G.) Apr. 11, 1881. Wiggins v. Segar. 43. A person to be excused because of, must show that his fears were superinduced by danger threatened and impending, 8u£Scient, in apprehension, to overcome the mind and will of a person of ordinary firmness. Com'r. (G-.) Oct. 7, 1882. Thurman v. Simmons. Entry : 44. Where notice of intention to make proof and payment, as re- quired by act of March 3, 1879, is given prior to the ex- piration of the statutory period, the entry takes effect, by relation from the date of such notice, to the exclusion of all intervening claims. Sec'y. Apr. 28, 1882. Eamage v. Maloney. 45. An entry of land for cash or scrip, gives the party making it a right to a patent, if it be found regular and valid. But it does not pass the title, which remains in the U. S. until the patent issues. Sec'y. June 14, 1882. James Aiken, 9 C. L. O., 76. See Sec'y. . Nov. 1, 1881. Shumway v. Foss. 46. Conveyance of an inconsiderable quantity of the tract claimed, not a bar to entry. Act'g Sec'y. Aug 11, 1882, State of Gala. v. Alari. 58 DIGEST OP DECISIONS. Entry — Continued. 47. Pre-emption cash entry not included in the word " claim " in first section of act of May Id, 1880. Com'r. (G.) Jan. 21, 1881. Ole 0. Ulven. 48. Manner of malsing, when land claimed is situate in two land districts. Com'r. (G.) May 17, 1881. E. and E. Pueblo, Colo. Feb. 8, 1882. Edward Westgate. 49. A new entry may be made upon day- of filing second D. S., by one whose ifirst filing and entry for same tract were can- celed for invalidity, when good faith is shown by extent of improvements and actual residence. Com'r. (G.) Mar. 17, 1882. Francis A. Stroup, 9 C. L. O., 8. 50. An entry allovred upon proof satisfactory to the local officers is prima facie valid and should be disturbed only on the clearest proof of fraud, unless absolutely void. Com'r. (G.) June 27, 1882. Arnold v. Langiey, 9 C. L. O., 76. 61. The right of entry vested in the administrator, or one of the heirs of a deceased pre-emptor, by E. S. 2209, is one ac-^ quired by compliance with law by the deceased, and it is only necessary that the administrator or heir should sub- mit the necessarv proof of his right of entry. Com'r. (G.) Aug. 7,'l8S2. Heirs of Le Claire "». Baker. Estoppel ; 62. Where a claim is located upon the ground before survey, either with Valentine scrip, or under the pre-emption laws, and other claims are afterwards made and located with refer- ence thereto, the party fiist locating and making known his claim will not be permitted to enlarge the same, to the injury of subsequent locators, whose claims have been made to conform to such lirst location. Act'g Sec'y. Aug. 10, 1882. Caulfield v. Bosworth. Evidence : 53. Of matters not incident to the charges upon which the heariug was ordered, should not be considered. Sec'y. jS^ov. 10, 1882. Shull v. McCormick. 54. In contests under the land laws must be confined to the allega- tions, and judgment rendered on the issues raised by the record only. Id. Filing ; 55. One who had prior to the adoption of the Eev. Stats. (June 22, 1874) made a legal filing for unotlered land and abandoned same, is not disqualified thereby from filing under the pro- visions of E. S.,2259. Sec'y. Aug. 1, 1882. State of Cal. v. Pierce, 9 C. L. O., 118. 66. Second allowed, when first was made of land worthless for ag- ricultural purposes at a time when its character could not be ascertained ; and was relinquished, with due diligence, after discovery of its character. Com'r. (G.) July 1, 1882. E. & E. at Grand Forks, D. T. DIGEST OF DECISIONS. 59 Filing — Continued. 57. The invalidity of a filing or entry, when it appears, relates back to the date of such filing or entry, and draws with it all subsequent proceedings. Sec'y. Jan. 31, 1881. Stuart v. Pentland, 7 0. L. O., 180. 58. A second filing, evidently intended as an amendment of the ex- isting one, made in accordance with the advice of the local officers, though erroneous, cannot be construed as illegal, nor held as an abandonment, the quo animo being con- sidered. Com'r. White v. Warren, Jan. 3, 1881, 7 0. L. O., 1G4. 59. A filing made in collusion and not in good faith, and on an ante- dated settlement, for the purpose of defeating a i)rior home- stead entry, should be canceled under E. B., 22C2. Sec'y. Dec. 17, 1880. Powers v. Forbes, 7 0. L. O., 149. 60. If a party with knowledge of fraudulent filing, made in his name by another, makes no attemi)t to avoid the fraud; theJaw will construe the act as his own, and such fraudulent filing operate as a bar to another. Com'r. (G.) June 11, 1881. Folley v. Gardner. 61. The filing of a second settler, wjiere the prior settler conforms to the requirements of the law, is illegal, the right of pre- emption being in the first settler, his second liliug is not within the prohibition of E. S., 2261. Com'r. (G.) Dec. 5, 1881. Couts c. Barnham et ctl. 62. An illegal filing by reason of the pre-emptor's disqualification at date thereof, is not a bar to a legal filing upon removal of such disqualification. Id. 63. A filing in violation of the law is void ab initio. Id. Cases of Thomas Thompson, C. L. L., 229, and Lansdale v. Dan- iels, 10 Otto, 113, cited. Forfeiture : 64. Of prior claim for failure to make proof and payment in time, will not be declared unless the adverse claim is sustained by the usual affirmative proofs. Sec'y. Dec. 10, 1881. Larson v. Parks, 8 C. L. O., 158. 65. Will not be incurred under E. S., 2262, where the pre-emptor conveys, prior to entry, an inconsiderable quantity of the tract claimed. In such case the principle, de mininus nan curatlex, applies. Act'g Sec'y. Aug. 11, 1882. State of Cala. v. Alari. See Pre-emption, (Osage trust and diminislied reserve lands,) No. 88. Fraud : 66. The entry of a pre-emptor, prior to patent, is subject to the action of the General Land Office, and may be canceled for fraud or invalidity. Sec'y- N'ov. 1, 1881. Shumway v. Foss, Whitaker v. S. P. R. E., 7 C. L. O., 85, cited. See Pre-emption, (filing,) Nos. 59,60. 60 DIGEST OF DECISIONS. Oood faith : 67. The law recognizes circumstances, as well as time, in the de- velopment of a pre-emptor's good faith, after his first act of settlement and before the date at which he is required to make proof and payment. Com'r. (G.) Oct. 29, 1882. Fullen v. Thomas. See Pre-emption, (residence,) Nos. 128, 130. Hearing ; 08. Upon application of pre-emptor to dispose of claims made sub- ject to his prior right, should not be allowed, until he ap- plies to make proof and payment. Sec'y. Feb. 20, 1882. Hanson v. Berry, 8 0. L. O., 188. Sec'y. July 21, 1882. Conners v. Walker. 69. Where several parties file for the same tract, a hearing should not be ordered simply to advise the parties of the status of their claims. The notice by publication of intention to make final proof is alone required in such cases. Sec'y. Aug. 2, 1882. Sprague v. Eobinson, 9 0. L. O., 117. 70. It is within the jurisdiction of the local ofiflcers to order bearing upon allegations of non-compliance with law since date of former trial. Com'r. (G.) Jan. 20, 1881. Zachary v. Westbrook, 7 C. L. O., 178. Heirs : 71. E. S. 2269, which provides for the issuance of a patent to the heirs of a deceased pre-emptor, attaches no qualifications to that word; and if he left an hdr or heirs, capable of in- heriting, in the State where the land is situate, the G. L. O. cannot inquire further. Com'r. (G.) Aug. 7, 1882. Heirs of Le Claire v. Baker. See Pre-emption, (residence,) No. 131. Homestead entry : 72. Parties claiming the right to make, under the 3d sec. act of May 14, 1880, of laud already embraced in a homestead entry, are required to establish the priority of their claims, and secure the cancellation of the intervening entry, prior to the allowance of their applications. Com'r. (G.) Sept. 25, 1882. Wolf v. Struble, 9 C. L. O., 148. Improvements : 73. The possibility of one party taking the improvements of another under the settlement laws, recognized as within the con- templation of the statute. Act'g Sec'y. Oct. 1, 1881. Marks v. Bray, 8 C. L. O., 139. Incorporated limits: 74. Land within the limits of a town, not being land which it is entitled to enter by reason of its population, and not actu- ally settled upon, inhabited, improved, and used for busi- ness and municipal purposes, is subject to pre-emption claim, by virtue of sec. 1, act of March 3, 1877. Sec'y. Oct. 26, 1881. Lewis et al. v. Seattle et al, 8 C. L. O., 9. DIGEST OP DECISIONS. 61 Indians : 75. The general statutes for naturalizatiou do not apply to Indians, and there is no law that confers upon them the right of pre-emption. Com'r. June 5, 1882. Soloman Scott, Colfax, W. T. Inhabitancy : See Pre-emption, (mistake,) No. 79. Intention : 76. To claim the benefit of the pre-emption law, manifested by acts or declarations, is essential to the acquisition of pre-emp- tion rights. Com'r. (G.) Feb. 21, 1881. Scott v. Bazarano. Act'g Sec'y. Aug. 11, 1882. State of Cal. v. Alari. Laches : 77. If a contestant does not publish and prove his own claim, within the time allowed by law, he is in no condition to ask can- cellation of a prior claim, under E. S. 2265, upon allega- tion of laches on the part of another. Act'g Sec'y. Aug. 11, 1882. Gardner v. Snowden, 9 C. L. O., 116. See Pre-empUon, (Osage T. & D. E. lands,) No. 86. Location : See Pre-emption, (estoppel,) No. 52. Misconduct or neglect : 78. Of a public officer, will not prejudice the right of a claimant who has done everything in the prosecution of his right that the law requires of him. Sec'y. Jan. 31, 1881. Stuart v. Pentland, 7 C. L. O., 180. Lytle V. Arkansas, (9 Howard, 333,) cited. Mistake : 79. Where a pre-emptor intended to build his house on the land claimed, but by mistake built it over the line, such mis- take will not prejudice his claim, if corrected when discov- ered and good faith sufficiently appears. Sec'y. Jan. 13, 1881. Day v. De Witt. Sec'y. July 7, 1881. Quick v. Nichols. Com'r. (G.) June 27, 1882. Arnold v. Langley. Mortgage : See Pre-emption, (oonstructlon,) No. 20. Notice : 80. Settlers not com.pelled to file written notice, claiming extension of time for proof and payment, on account of grasshopper ravages. Com'r. (G.) Feb. 2,1881. McFadgen f. Marsch ci fli. Shreves V. Eaton (5 0. L. O., 165) cited. See Pre-emption, (county seat,) No. 27; (entry,) No. 44; (hearing, ) No. 69 ; (Osage T. andD. E. lands,) No. 91; (town lots,) No. 152; (trans- mutation,) No. 161. 62 DIGEST OF DECISIONS. Occupant: 81. The claim of a persoa who is qualified, and has complied with the law, will not be subject to defeat in fa^-or of an unlaw- ful occupant. Act'g Sec'y. Oct. 1, 1881. Marks v. Bray, 8 C. L. O., 139. Moly- neux V. Young, 7 0. L. O., 107 ; and Powers v. Forbes, id., 149, cited. 82. The possession of one who held in pursuance of no claim under any law of the (Juited States for the disposition of its lands; or who having- a claim did not possess the necessary qualifications; or had forfeited it by failure to comply with the conditions of the law; is no bar to the ent^y of another party. Com'r. (G.) May 14, 1881 Walsh v. Blevins. Com'r. (G.) l^ov. 28, 1881. Snodderly v. Fulton. Occupation : 83. Without an intention to claim under the pre-emption law a _ mere occupancy of the public lauds confers no right. Sec'y. Jan. 13, 1881. Day v. De Witt. 84. Mere occupancy of public land, without pre-emption claim, does not secure to one the benefits of that law. Act'g Sec'y. Aug. 11, 1882. State of California v. Alari. 85. Of a part of a school section for municii^al purposes, prior to the survey in the field, gives the town authorities the preference right to enter the land so occupied at any time prior to the day of public sale. Com'r. (G.) Feb. 15, 1881, to R. & E. at Miles City. Offered lands: See Pre-emption, (private entry,) Nos. 110, 111. Osage trust and diminished reserve lands: 86. The act of May 28, 1880, cures the former laches of the settler in failing to prove up within the period allowed by former acts relating to said lands. Sec'y. Jan. 8, 1881. Bosseck v. Arendt. 87. To bring a claim within the provisions of section 1, it must have been actually presented. Unless presented in the manner and within the time allowed, and a subsequent valid right has intervened, it has necessarily lapsed, and the land is subject to disposal to actual settlers under section 2. Com'r. (G.) Jan'y 8, 1881. John 0. Hendrickson . 88. The penalty of forfeiture by which the land would become sub- ject to disposal under section 3, is not affixed to failure to make a claim under section 1. Such forfeiture is only in- curred after proof has been made, and the purchase money or some portion thereof becomes due and is not paid. Id. 89. Lands which are to be listed for sale, in accordance with the provisions of the third section, are lands that fall within the cases where default has been made, by the settlers, in DIGEST OP DECISIONS. 63 Osage tritst and diminished reserve lands — Continued. the paj'ment of any portion of the purchase money after the same has become due. Ko part is due until proof has been made. Oom'r. (G.) Feb'y 5, 1881. Arnold E. Lamb- 90. A settler having a claim under the first section, and having failed to make proof thereof within the time allowed, may, if otherwise qualified to do so, make his entry under the second section, subject to the intervention of a valid ad- verse claim as in ordinary pre-emption cases. Id. Also, June 28, 1881. Wm. Garrison. 91. In entries hereafter made under the second section, the general principles of the pre-emption laws in resi)ect to filing, proof of settlement, and notice of making proof, will be required to be followed. Filings must be made within three months from date of settlement ; proof, and payment of not less than one-fourth the purchase price within six months from date of filing, and notice by publication as required in other pre-emption entries. Id. 92. The settlers who are qualified to prove their claims under the first section of the act are those who at date thereof were settlers under former laws, and must possess the qualifi- cations prescribed by those laws. Settlers making entry under the second section of the act are required to have the qualifications of pre-emptors on the public lands. Case of Arnold E. Lamb, supra. 93. An applicant to enter under the second section must show actual residence upon the tract claimed. Com'r. (G.) Feb'y 10, 1881. E. B. Shepard. 94. A residence of not less than six months must be shown as an evidence of good faith. June 23, 1881. Instructions to local officers. Possession : 95. Of one claiming, under the grant title, lands excluded from a Mexican grant by final survey, is protected by the act of July 23, 1866; which gives him, to the exclusion of all others, the right to obtain title. Such a possession is law- ful, and settlements made in conflict with it are unauthor- ized, illegal, and void. Com'r. (G.) Jan. 12, 1882. McAUen Brown v. Quinlan et al. Atherton v. Fowler, 6 Otto, 513; Hosmer v. Wallace, 7 Otto, 575 ; and Powers v. Forbes, 7 Copp, 149, cited. 96. Cannot be invaded by pre emptors. In allowing pre-emption upon unsurveyed lands Congress did not authorize inter- ference with the peaceable possession of previous occu- pants. Gimniy v. Culverson, 5 Saw., C. C, 605 : Davis v. Scott, 56 Cal. E., 165. 64 DIGEST OF DECISIONS. Possession — Continued. 97. The illegal possession of a tract cannot defeat the entry thereof by one qualified, who complies with the law, although in- truding upon such possession. Sec'y. Dec. 17, 1880. Powers v. Forbes, 7 0. L. O., 149. Possessory rigMs : 98. To tracts of public lands in almost all the States containing public lands have been recognized and protected by the courts; and those holding said rights held to be tenants at the will of the Government, whose estates can only be defeated by the entry of one holding title from the Govern- ment, or who enters with the sanction of some law of the United States. Com'r. (G.) Oct. 15, 1881. Moore v. Homer. Pre-emption affidavit : 99. When taken before clerk of court under act of June 9, 1880, not required to cover date of entry. Com'r. (G.) Aug. 23, 1881. Calvin Hawkins, 8 C. L. O., 93. 100. Where, executed before clerk of court, the local ofQcers must exercise a sound discretion in determining whether a rea- sonable time only has elapsed between date of execution and receipt at local office. Com'r. (G.) April 17, 1882. R. & E., Montgomery, Ala. Pre-emption right : 101. Not acquired by one who removes from land in the same State or Territory, which he owns jointly or in common with another. Act'g Sec'y. May 31, 1881. Sederquist v. Wilcox. 102. Attaches to a tract upon which the settler does some act with the intention of claiming. Com'r. (G.) Feb. 21, 1881. Scott v. Bazarano. 103. Is extinguished by a reservation of the land claimed for pub- lic uses. Com'r. (G.) Jan. 4, 1882. Eees v. Churchill. 104. Equitable rights of pre-emptor are maintainable against a patent obtained bj' false testimony, imposition, or miscon- struction by the patenting authority. Chapman v. Quinn, 56 Cal. E., 266. See Pre-emption, (contract or agreement,) No. 24; (filing,^ No. 61; (Indians,) No. 75; (intention,) No. 76; (town lots,) No. 155; (trans- mutation,) No. 162. PBE-EMPTOBS. See Pre-emption, (abandonment,) Nos. 3, 4 : (possession,) No. 96 ; (qualifi- cation,) Nos. 121, 122; (school sectioD,) No. 135 ; (transmutation, ) No. 101; (town site,) No. 158. Preference right : 105. Granted a contestant by act of May 14, 1880, is not transferable. Act'g Sec'y. Nov. 14, 1882. Heuton v. Howard. 106. None acquired prior to the act of May 14, 1880, by contestant of a homestead entry. Id. DIGEST OF DECISIONS. 65 Preference right — Continued. 107. Allowed a contestant by 3d sec. of the timber-culture act, does not reserve the land from other disposal ; but any settle- ment or entry made after the cancellation of the contested entry is subject to the exercise of the privilege conferred upon the contestant. Com'r. (G.) Nov. 26, 1881. Thomas v. DrumhUler. 108. G-ranted by 3d sec. timber-culture act is personal and not assignable. Id. 109. Is not an interest in the land, but the right of the settler to be preferred as purchaser, which accrues when he has complied with the prerequisites of the act. Aiken v. Ferry, 6 Saw., C. C, 79. Private entry : 110. Lands in certain Southern States once offered, not subject to, until they shall have been reoffered. Act'g Sec'y. May 27, 1881, 9 W. L. Eep'r, 367. 111. Lands once offered at $2.50 per acre, but reduced in price to $1.25 per acre, not subject to, until reoffered at the reduced price. Act'g Sec'y. Oct. 30, 1882. Sipchen v. Eose, 10 W. L. Eep'r, 715. Eldred v. Sexton, 19 Wall., 189, cited. Proof and payment : 112. Time for, extended by act of June 4, 1880, under certain cir- cunistances, but the relation or rights of parties not thereby changed. Sec'y. July 30, 1881. Bowers v. Wilson, 8 C. L. O., 107. 113. Because a party fails, only in the matter of time, in submitting, he should not be subjected to forfeiture unless a valid ad- verse interest has attached. Such adverse interest must be shown by affirmative proof. Sec'y. Dec. 10, 1881. Larson v. Parks, 8 C. L. O., 158. 114. A settler whose failure to make, in time, is due to the erroneous statement of a public officer, acting within the scope of his authority, will be protected. Sec'y. Dec. 19. 1881, Vettel v. Norton, 8 0. L. O., 179. Lytle v. Arkansas, 9 Howard, 314, cited. 115. If, when a pre-emptor appears to make, under his notice, he is surprised by the introduction of adverse and unexpected evidence, he may defer his offer thereof until any date within the time prescribed by law. Com'r. (G.) Oct. 29, 1882, Fullen v. Thomas. 116. Time for, when lands are or are not subject to private entry. Stalnaker v. Morrison, 6 Neb. E., 363. Proprietor : 117. A person who owns land in trust for others, is not a proprietor of such lands, within the prohibition of the pre-emption act; and is not thereby disqualified from becoming a pre- emptor. Sec'y. June 14, 1882. Jas. Aiken, 9 0. L. O., 76. H. Mis. 45, pt. 1 5 66 DIGEST OF DECISIONS. Proprietor — Continued. 118. As used in section 10 of pre-emption act means an absolutely legal owner. One therefore who has entered land intrust, or entered public land, but not received patent therefor, is not disqualified as "proprietor" under the act. Aiken v. Perry, 6 Saw., 0. 0., 79. Proprietorship ; 119. That contemplated by E. S. 2260 is a legal and absolute one, and not the mere equity of a laud-office entry, which may or may not ripen into ownership. Com'r. (G.) Dec. 5, 1881. Gouts v. Barnham et al. Sec'y. June 14, 1882, supra. Pv/rchasers .• 120. From pre-emptors, before patent, acquire but an equity ; and take such title only as the vendee of the Government had. Com'r. (G.) July 27, 1880. Whitaker ex rel. S. P. E. E. Co., 7 0. L.O.,85. Com'r. (G.) Apr. 19, 1881. Benght. Johnson v. HiU. Sec'y. Nov. 1, 1881. Shumway v. Foss. Qualifications : 121. The party must have those required of a pre-emptor, at date of settlement, in order to secure pre-emption rights. Acf g Sec'y. Sept. 28, 1881. Bachman v. Schindler. 122. If a settler is a qualified pre-emptor at time of filing declara- tion, he is entitled, as against the TJ. S., to become the pur- Aiken v. Ferry, 6 Saw., 0. C, 79. Registers and receivers : 123. The General Land Office will not authorize them to be absent from the seat of the local office, for the purpose of taking homestead and timber- culture affidavits. Com'r. (G.) July 13, 1882. E. & E., Miles City, M. T. Residence : 124. Is not essential to a pre-emption settlement ; but settlement must be followed by residence within such reasonable time as to manifest a purpose to comply with the requirements of the law. Act'g Sec'y. Oct. 25, 1882. Mclnnes v. Strevell. 125. One who removes from land which he owns jointly, or in com- mon with another, to settle upon the public land in the same State or Territory, is within the prohibition of E. S. 2260. Act'g Sec'y. May 31, 1881. Sederquist v. Wilcox. 126. One who removes from his own land, and after a considerable period returns and makes a settlement upon the public land, is not within the prohibition of the law. Sec'y. Feb. 23, 1882, Weir v. Haskins; Nov. 7, 1882, Owings V. Lichtenberger. DIGEST OF DECISIONS. 67 Besidence — Continued. 127. In computing the period, of residence required by the home- stead law, in the case of a claimant who had entered as a pre-emption a less quantity of land than that filed for, and made homestead entry of the balance ; the time of resi- dence under his pre-emption filing cannot be included. Sec'y. Mar. 25, 1882. John H. Lessinger, 9 C. L. O., 8. 128. The rule of the General Land Office, requiring six months' residence by pre-emptor, as evidence of good faith, should not be indiscriminately applied ; nor when good faith oth- erwise sufficiently appears. Sec'y. Apr. 13, 1882. Alex. Blair et al., 9 C. L. O., 36. Oonlin V. Tarwood, 7 0. L. O., 118, cited. 129. One who removed from residence on a small tract, not agri- cultural, within the meaning of the statute, near or within the limits of a town, or city, is not inhibited from making settlement. Oom'r. Feb. 1, 1882. Sturgeon v. Euiz, 8 0. L. O., 193. 130. If good faith is shown, but the extent of the pre-emptor's resi- dence is not sufficient to justify the allowance of an entry, the claim will not be forfeited if the time for proof and payment has not expired ; but the settler may, at a subse- quent time, be allowed to enter upon showing compliance with law. Com'r. (G.) May 14, 1881. Yalasquez v. Sabine. Com'r. June 29, 1831. Dale v. Smith. 131. The heirs of a deceased pre-emptor, or those entitled to per- fect his claim, are not required to reside upon the laud. They are entitled to complete his entry even though he had not established a residence there if his intentions are shown to have been those of a bo7ia fide settler. Com'r. (G.) May 5, 1881. Ole K. Knudson. Oom'r. (G.) Aug. 7, 1882. Heirs of Le Olaire v. Baker. 132. Actual, upon the premises until final proof and payment are made, is required by the pre-emption act. Aiken v. Ferry, 6 Saw., C. C, 79. Homer v. Duggen, 56 Cal. E., 257. Review : 133. A case will not be reopened upon a motion for review in order to apply to the same state of facts later rulings. Com'r. (G.)' June 30, 1882. McBride v. Lebeher. See Land Department, Nos. 5, 7; (Com'r. G. L. O.,) Nos. 10, 11, 14. School section : 134. The land being in, upon failure of the original settler to per- fect his claim, the title vested in the State by relation, as of date of completion of the survey. Sec'y. Feb. 21, 1882. Laesen v. Pechierer & Davis, 9 C. L. O., 97. Water & Mining Co. v. Bugby, 6 Otto, 165 ; Sherman v. Buick, 3 Otto, 209, cited. 68 DIGEST OF DECISIONS. School section — Continued. 135. The case of a pre-emptor -who settles upon, prior to survey in the field in any Territory, is one between such settler and the Government, and a failure to file within three months will not prejudice his claim. Com'T. (G.) May 10, 1881, O. A. Sanders v. Jane Hodgert, 7 C. L. O., 136, cited. Com'r. (G.) Oct. 24, 1881. J. C. Eyan. Selection : 136. The approval and certificate of, of land to which a valid ad- verse right had attached, is null and void. Com'r. (G). Dec. 15, 1881. Garlick v. State of Cal. Settlement : 137. Of a pre-emptor, takes effect from the date his occupation ac- cords with his intention to claim. Sec'y. Jan'y 13, 1881. Day v. DeWitt. 138. No specific act of, after restoration of the land, is required on the part of a settler whose every-day life can be considered a compliance with the law ; but such settler cannot em- brace in his claim land not in his possession whereon are the improvements of another who, like himself, has settled without the protection of the law. Com'r. (G.) April 27, 1881. Allen v. Lancaster, 8 0. L. O., 177. Sec'y. July 7, 1882. Mvers v. Ball, following Corrigan v. Eyan. 4 C. L. 0., 42. 139. Eesidence is not essential to a pre-emption settlement, but set- tlement must be followed by residence within such reason- able time as to manifest a purpose to comply with the re- quirements of the law. Act'g Sec'y. Oct. 25, 1882. Mclnnes?;. StreveU. 140. Personal residence or inhabitancy is not indispensable to, but a party to initiate a legal settlement must perform some act by which others may have knowledge of his claim ; something that can be seen, like cutting down trees, &c. Com'r. (G.) April 29, 18sl. Gordon v. McS"ew. Allman v. Thulon, G. L. L., 690, cited. 141. It is always desirable and expedient that the act of settlement should be notorious and significant of a purpose ; but it would neither be safe nor right to reject claims in all cases, because of a lack of either or both these ingredients. Com'r. (G.) May 13, 1881. Maxwell v. Morgan, 10 Wash. L. Eep., 24. Hull v. Hawkins, C. L. O., 191, cited. 142. By a party before the initiation of a valid adverse claim, although subsequent to his filing, the Gov't will condone his negli- gence. Where the Gov't is concerned, liberality is the rule ; but where adverse rights are involved, a strict con- struction of the statute must be maintained. Com'r. Dec. 18, 1880. E. & E., Salt Lake City, 7 0. L. O., 104. But see Act'g. Sec'y. to Com'r. Aug. 31, 1880. Genzel v. Gschwend, 8 C. L. O., 159. 143. In Utah, with a view to pre-emption, if, on survey, found to be upon sections 16 or .36, is protected. The Territory has no vested interest in those sections, but merely a reservation for a prescribed use which does not attach in above casej. the legal title remaining in the U. S. Sec'y. Kov. 16, 1880, 7 C. L. O., 136. DIGEST OF DECISIONS. 69 Settlement — Continued. 144. Upon part of a quarter-section entitles th.e settler to pre-empt the whole thereof, as against subsequent settlers ; and they accquire no right by purchasing the claim of a prior settler unless by actual entry he had acquired a transferable in- terest in the land. Quinby v. Conlan, 104 S. C, 420. 145. Proof of, &c., required by law to be made to the satisfaction of the E. & E., is essential to the right of the party to enter. Chapman v. Quinn, 66 Cal. E., 266. See Pre-emption, (town lots,) Nob. 154, 155, 156. Sioux Indian lands : 146. Act of March 3, 1863, for sale of, construed. Must be sold at their full appraised value, but in no case at less than $1.25 per acre, even though the appraisal is less than that sum. Sec'y- July 24, 1882. D. W. Diggs, 9 C. L. O., 104. Southern States : 147. The lands in certain, restored to preemption and sale, by act ♦ of July 4, 1878, which were once " offered," must continue to be considered as "offered" in the treatment of pre- emption claims. Acf g Sec'y. May 27, 1881. 9 W. L. Eep'r, 367. 148. They are not, however, subject to private entry until they shall have been reoffered. Id. State selection: 149. On unsurveyed lands, as good, in the absence of any pre- emption once made on surveved lands. JJ. S. V. Chapman, 5 Saw., C. C, 528. TeoJinicality : 150. Whoever relies on, to defeat an equitable right, must himself show technical compliance with legal requirements. Act'g Sec'y. Aug. 11, 1882. Garner v. Snowden, 9 C. L. O., 116. Timber : 151. The conversion and sale of, for neighborhood purposes, not necessarily indicative of bad faith in a pre-emptor. The pre-emptor has the right to convert, by means of a saw- mill, and dispose of it for his own benefit. Sec'y. Oct. 11, 1882, State of Cal'a v. Dougherty et al. Frank- lin Shissler, 7 C. L. O., 37, cited. See Pre-emption, (prdference right,) Nos. 107, 108. Town lots: 152. Claimants of, under E. S. 2382, are not required to give notice of their intention to make entry under act of March 3, 1879, but should give notice to adverse claimants by per- sonal service or through the mails. Com'r. (G.) July 14, 1882. E. & E., Boise City, I. T. 70 DIGEST OP DECISIONS. Town lots — Continued. 153. The rule of the pre-emption law that declaratory statement shall be filed within three months does not apply in town- lots cases. Id. 154. The "actual settler" upon, must be an actual resident. Com'r. (G.) Aug. 14, 1882. E. & E., Boise City, I. T. 155. The right of pre-emption granted settlers upon, is restricted to the lot settled upon and one additional lot, upon which the settler may have substantial improvements. Id. 156. Settlers upon, are required to file their declaratory statements and to have the personal qualifications of pre-emptors. Com'r. (G.) Aug. 14, 1882. E. & E., Boise City, I. T. 167. Contests between claimants of, will be governed by the Eules of Practice as in other cases. Id. Town site: 158. Is a pre-emption; and parties claiming under the town-site laws, through the proper authorities, stand upon the same footing as pre-emptors. Com'r. (G.) Feb'y 15, 1881. E. & E., Miles City, Montana. 159. Instructions as to entry, proof, and payment in town-site cases. Com'r. (G.) Mch. 18, 1882. Town of Bellevue, I. T., 9 C. L. O., 28. 160. The inhibition that one removing from his own land in the State or Territory, on to public land, is not a qualified pre-emptor, applies to one who owns and removes from forty acres within a town site. The exemption in favor of owner of town lots from the restriction, modified as above. Com'r. Jan. 3, 1881. White v. Warren, 7 C. L. 0., 164. Transmutation : 161. Pre-emptors applying to transmute their filings to homestead entries, required to give notice to adverse homestead claim- ants, who will be allowed to contest the application. Com'r. (G.) Sept. 25, 1882. Wolf v. Struble, 9 C. L. O., 148. 162. Transmutation of a filing to homestead entry exhausts pre-emp- tion right. Sec'y. July 21, 1881. John Gunn. Trespass : 163. Upon the public lands will not be sustained under the decision in Atherton v. Fowler ; nor will the claim of a person who is qualified, and has complied with law, be subject to de- feat in favor of an unlawful occupant. Aof g Sec'y. Oct. 1, 1881. Marks v. Bray, 8 C. L. O., 139. Valentine scrip : 164. The law excludes the location of, upon occupied public lands. Com'r. (G.) Oct. 15, 1881. Moore v. Horner. DIGEST OF DECISIONS. 71 Waiver : 165. After the parties have proceeded to trial upon the merits or the case, without objection by either that there was no pre- liminary affidavit of contest, the jiroceedings will not be va- cated for that reason, ' Sec'y. Jan. 15, 1881. Kort v. Helton. 166, The marriage of a single woman, subsequent to filing and prior to entry, is a waiver of her pre-emption right to the tract filed upon. Sec'y. Apr. 19, 1881. Eosana Kennedy, 9 W. L. Eep'r, 283, 167, But her marriage subsequent to her application to enter, should not prevent completion of her entry. Com'r. (G,) Oct, 28, 1882. Spates v. Cameron,' 10 W. L. Eep'r, 747. 168. Failure to appeal from decision of the local officers is a waiver of any rights which the party may have had in the land in controversy. Sec'y. Sept. 29, 1882. Jefferson v. Shaw, 169, The local officers, in citing parties to trial before the clerk of the court, violated Eule 35 of Practice ; but by consenting to the proceedings, the parties waived any irregularities therein. Sec'y, Kov, 27, 1882. Jordan v. Wright, 10 W. L. Eep'r, 792, 170, If the parties proceed to trial upon the merits of a case, with- out objection, it is too late, after the decision of the local officers, to object to their jurisdiction. Com'r. (G.) Jan. 20, 1881. Zachary -», Westbrook, Wife : 171. A divorced wife cannot claim the benefit of acts performed by her husband during coverture. She can only procure title under the i^re-emption law, by virtue of specific acts per- formed by herself when a feme sole and the head of a family, Sec'y, Feb, 21, 1882, Larsen v. Pechierer et al, 9 0, L. O., 97, 172. While full faith and credit must be given to the decree of the court granting a divorce, it is competent for the Depart- ment and the General Land Office to consider collateral facts respecting the relations of the parties to the decree, for the purpose of deciding whether the divorced wife was the head of a family and a bona fide settler, Act'g Sec'y. ISov. 9, 1882. Critchfield v. Lewis, 173. Deserted by her husband, is qualified to initiate a claim in her own right, but succeeds to no benefits under any filing he may have made. Com'r. (G.) Oct. 11, 1881. Bogardus v. Glaze. 174, Where a wife endeavors to save her imprisoned husband's right of entry, by compliance with law in his stead, the same considerations must be applied to her acts, as illustrative of good or bad faith, as would be applied to his, Com'r. (G.) Mar. 20, 1882. Bates v. Eeed, 9 0, L, O,, 8. See Bailroads, (Arkansas,) No. 2; (settlement,) No. 61. 72 DIGEST OF DECISIONS. PRE-EMPTION CLAIM. See Pre-emption, (incorporated limits,) No. 74. Private land claims, (Sup. Court scrip,) Nos. 120, 121. Bailroads, Nos. 42,43 ; (filing,) Nos. 12, 13. PRE-EMPTION CLAIMANT. See Public lands, (record,) No. 305. Railroads, Nos. 44, 45. PRE-EMPTION LAW. See Public lands. No. 287. Railroads, (Osage ceded lands,) Nos. 34, 35. PRE-EMPTION RiaST. See Pre-emption, No. 101, et seq. Railroads, No. 46. PRE-EMPTORS. See Accounts, (repayment,) No. 40. Public lands, (homestead claimant,) No. 204. Railroads, Nos. 47,48; (declaratory statement,) No. 6. PREFERENCE ' RIGHT. See Pre-emption, Nos. 105, et seq. ; (occupation,) No. 85. Public lands. No. 288, et seq.; (relinquishment,) No. 323. Private land claims, (Oregon donations,) No. 64. PRESUMPTION. See Mines, ^c, (evidence,) No. 83; (mineral entry, ) No. 136; (non-mineral affidavits,) No. 152. PRIORITY. See Pre-emption, (default,) No. 40. Mines, ^c. No. 188; (survey,) No. 223 PRIVATE ENTRY. See Pre-emption, Nos. 110, 111. PRIVATE LAND CLAIMS.— DIVISION D. Acce;ptance: 1. Of tlie legal evidence of title for amount of land awarded, after appeal from award on ground of its insufficiency, operates as a waiver of the appeal, and probably as a release of further claim. Sec'y. June 12, 1882. Bstafana Hicklin. Act of June 22, 1860: 2. Claims under, in the absence of proof of title as required thereby, or of continuous possession, as provided by the act of June 10, 1872, cannot bo favorably recommended to Congress for confirmation. Com'r. (D.) June 2, 1882. Bradish Johnson. 3. Claims under, must be accompanied by proof of valid grant and interest (title) of claimants. Com'r. (D.) Nov. 2, 1881. ISTew Orleans Canal and Banking Co. DIGEST OP DECISIONS. 73 Act of June 22, 1860— Continued. 4. Required of claimants to give specific notice of their claims, accompanied by a sworn statement of the same; an abstract of their title and the evidence in sujjport of their claims and title. Allegation and proof of title in another, and claiming as his "legal representatives," without proof of derived interest, not suificient. Com'r. (D.) July 13, 1882, heirs of J. H. Mcintosh ; July 20, 1882, Pierre Puisseau; July 28, 1882, heirs of T. E. Jen- nings. 5. Eequisites to confirmation under. Com'r. (D.) Aug. 26, 1880, Catholic church of Opelousas; Sept. 29, 1880, V. D. Walsh ; Oct. 30, 1880, J. Florentine Pioret and Smith and Nettles; l^Tov. 6, 1880, Charles Portier and Wm. Ball; Nov. 15, 1880, Mrs. Zenon Boutte; Jan. 20, 1881, Mrs. Evariste Blanc; Feb. 21, 1881, J. C. Cofield; Mar. 17, 1881, Legal Eep's of L. N". Shelton ; Mar. 18, 1881, Eafael Segoura. Appeal : 6. Whether parties are entitled to, under the rules, depends upon their status in the proceedings, the provisions of law, and the rules and decisions of the Dep't a.;pplicable to the case, (and not to notice given to them by officer of the Land Department,) as to which they must act in their own dis- cretion. Com'r. (D.) Aug. 7, 1880, Pueblo lands of San Jos6. 7. Not effective, under Eule 90, upon failure to file specifications of errors, as required by Eule 88. Com'r. (D.) July 3, 1882. Town of Tecolote. 8. From E. and E., under Vigil and St. Vrain grant in New Mex- ico, lies to Com'r G-. L. O. Leitensdorfer v. Craig, 5 Dillon, C. C, 419. Boundary: 9. Set out by a tribunal of competent jurisdiction (as, in California, the Land Commission,) is conclusive upon all parties, unless declared erroneous upon appeal. Sec'y. July 28, 1882. Corte de Madera del Presidio. 10. The magistrate delivering possession of a Spanish or Mexican grant was confined to the Umits designated in the grant or order under which he acted. U. S. V. Castro, 5 Saw., C. C, 625. 11. Where proof as to boundary of claim, taken on a second investi- gation, shows that previous decisions have been made upon misrepresentation or mistake as to pertinent facts involved, amendment of survey will be ordered. Com'r. (D.) June 13, 1881. Town of Tecolote. 12. When boundary line is by the descriptive call to terminate at the sea shore, the terminal point is reached at the intersec- tion of such line with the line of tide-water of an inlet or arm of the sea. Com'r. (D.) May 25, 1882. Santiago de Santa Ana. 74 DIGEST OF DECISIONS. Boundary — Continued. 13. Where, by an alleged misunderstanding, a wrong location of a controlling boundary point has been made, an investiga- tion wiU be ordered, and on proof establishing the fact, a new survey directed. Com'r. (D.) Oct. 29, 1880, May 13, 1881. Las Virgenes. Acting Sec'y. Oct. 22, 1880. British subjects: See Private land claims, (Oregon donations,) No. 50. Ghawoin claim (Saint Louis, Mo.) : 14. Decision of Gom'r. (D.) Aug. 26, 1879. Eeports of same to Dep't. Oct. 9, 1879, Sept. 27, and Dec. 24, 1880. Decision of Sec'y. Mar. 2, 1881. Complete title: 15. Claims under foreign grants, as conferring " complete title," not requiring confirmation, are not subject to affirmative adju- dication by the Land Dep't. Com'r. (D.) June 2, 1882. Bradish Johnson, La. Construction : 16. Act of May 9, 1876, relating to the eastern boundary of the Presidio military reservation at San Francisco, and its ap- plication to the subject-matter. Sec'y. Aug. 2, 1882. 17. Acts of 1860 and 1864 and their application as to the publicaa tion of surveys of private land claims, and the jurisdiction- of the same under such publication. Com'r. (D.) April 21, 1879. Eancho Napa. Sec'y., (in affirmance,) Sept. 20, 1879, 8 C. L. O., 39. 18. Apphcatiou of documents and evidence in case of pueblo lands of Monterey, tract No. 3. Sec'y. Feb. 2, 1881, 7 C. L. O., 182. 19. A decree of confirmation should be so construed as to harmonize all its parts, and if ambiguous to give effect to its inten- tion. If a subsequent clause is obscure it will not control a previous clear one. Act'g. Sec'y. May 21, 1881. San Jacinto Nuevo y Potrero. 20. A grant for a " sobrante" (surplus) is not, necessarily, a grant by name; and the designation "sobrante" is subject to accompanying qualifying words, which are not repugnant but explanatory. Sec'y. Feb. 26, 1881. El Sobrante. 21. A grant in Louisiana for a rear depth for the purpose of reach- ing the cypress timber, stated by petitioner to be at a league and a half distance, and granted for the vacaut land back of his front 40 arpents, without specification as to depth, should be governed as to extent of depth by the intention of the parties manifested by the object in view as set forth by the petitioner. Com'r. (D.) Oct. 10, 1882. Heirs of John Burnside. DIGEST OF DECISIONS. 75 Construction — Continued . 22. In determining the extent of a grant where the limit is not specified, the intent of the parties, the petitioner and the granting power, will govern, and is to be sought in the mo- tive prompting their action and the object aimed at ; to be ascertained from their words, acts, and accompanying cir- cumstances. Id. 23. " Mexican grantee," as used in the act of July 23, 1866, does not mean a person to whom a Mexican grant has actually been made ; but one who, in good faith, has purchased land sup- posed, to have been so granted and improved, and continued in possession thereof. Bascom v. Davis, 56 Oal. E., 152 ; Hosmer v. Duggan, 257. Id. 24. Section 7 of act of June 22, 1860, which provides that where claims presented under it have been before a former board of commissioners, the facts reported as proven by such board shall be taken as tm& prima facie, does not bind ad- judications under said act by the conclusion of the board upon the facts so reported. Com'r. (D.) July 15, 1882. Heirs of John H. Mcintosh. 25. The decision of the Dep't in the "Lampoc contest" did not in- volve the extent of the Eancho Mission la Purisima, nor . hold it to be a sobrante in the general acceptation of the term, but only as regarded the Eancho Lampoc and its northern boundary. Sec'y. July 19, 1882. Mission de la Purisima. 26. The owners of a private land claim can take no more than was claimed in the petition for confirmation and designated in the decree of confirmation. Id. Donations : See Private land claims, (New Mexico donations,) No. 41 ; (Oregon dona- tion,) No. 46. Estoppel : 27. A purchaser of a private land claim cannot claim relief from the effect of his own neghgence. He is bound to investi- gate the title, and in respect to knowledge of matters affecting it stands in the same position as his grantor, and each was chargeable with all that the record showed. Sec'y. Mar. 2, 1882. Ghauvin case, (and numerous cases cited.) Fravd : 28. Mistake and complicity of deputy surveyor, alleged, in location of a patented private land claim, suit to set aside patent recommended. Com'r. (D.) Aug. 3, 1881. Canon del Agua, N. M. French grants in Louisiana : 29. After the cession of the province to Spain, Nov. 3, 1762, (in the absence of proof of the recognition thereof by Spain, after the transfer,) were void. Com'r. (D.) E"ov. 21, 1881, Kew Orleans Canal and Banking Co.; June 2, 1882, Bradish Johnson. 76 DIGEST OF DECISIONS. Mead-rights : 30. Concessions of, in Florida, regulations and requisites, provisions determining appropriate quantity of land, possession nec- essary, &c., considered. Com'r. (D.) July 15, 1882. Heirs of John H. Mcintosh. Indemnity scrip : 31. Act of June 15, 1880 ; for required quantity at $1.25 per acre ; locatable upon any land not mineral, subject to entry; and if located upon double-minimum lands, one acre thereof to satisfy two acres of the scrip. Gom'r. (D.) Oct. 27, 1880. Israel Dodge. 32. Assignment of, by " legal representatives." Eequisitea to its authentication. Com'r. (D.) June 6, Oct. 29, Dec. 27, 1881. Walter Fenwick, Ijfov. 11, 1881. 33. Assignment of, by attorney to be recognized as valid, must be accompanied by evidence of his authority to act in that capacity in the case. Com'r. (D.) Sept. 27, 1882. Interference : 34. Claim in Louisiana confirmed by act of May 24, 1828, and located by district officer, Dec. 28, 1852; interfering cash entry and State swamp land selections held invalid and patent directed to claimants. Com'r. (D.) June 25, 1881. Dempsey Isles. Investigation : 35. At any time before final approval of survey, where further in- vestigation appears to be necessary, it may be ordered. Sec'y. June 17, 1881. Com'r. (D.) Oct. 12, 1881. Pueblo lands of San Jos6. 36. May be directed by G. L. O., under act of July 1, 1864, in case of surveys not objected to on publication. Sec'y. July 14, 1880. Com'r. (D.) May 25, 1882. Santiago de Santa Ana. 37. Ordered after two surveys of claim, on ground of alleged mis- take in location of controlling point in boundary. Com'r. (D.) Sept. 20, 1880. Town of Tecolote. -Jurisdiction : 38. The decision of a court of competent jurisdiction cannot be re- viewed or disregarded by the Land Departmont. Sec'y. Jan. 4, 1882. Eancho Alisal, 9 C. L. O., 11. 39. The act of July 1, 1864, gave the United States district court jurisdiction of surveys pending therein at its passage, though approved before the passage of the act of June 14, 1860, and not then returned into court, but afterwards improperly ordered there, under said last-mentioned act. Former decisions of Com'r and Department to the contrary considered and overruled. Id. DIGEST OP DECISIONS. 77 Jurisdiction — Continued. 40. When the district court, under act of June 14, 1860, had ordered • a survey of a confirmed Mexican claim into court for exam- ination, its jurisdiction over it continued, and over any new survey directed by it, until the survey was finally dis- posed of, notwithstanding the passage of the act of July 1, 1864. TJ. S. V. Castro, 5 Saw., C. C, 625. New Mexico donations : 41. Lands in that part of Colorado, which, on the 22d of July, 1854, formed part of the Territory of New Mexico, are subject to the provisions of the act of that date granting donations, &c. Com'r. (D.) Feb. 8, 1882. M. Salazar. 42. Notification standing intact, on record of local office, operates, for the time being, as a reservation of the land claimed. Com'r. (D.) Mar. 25, 1882. E. & E., Santa ¥6. 43. There appears to be no limitation as to the time within which claims under act of July 22, 1854, must be perfected. Id. 44. The proviso in the 2d section of the act of July 22, 1854, is ex- plicit as to the time within which donees are required to designate the boundaries of their claims. Com'r. (D.) Feb. 13, 1882. E. & E., Santa P6. 45. Under act of July 22, 1854, donations are required to include the actual settlements and improvements of the claimant ; to be selected by legal subdivisions within three months after survey, if made before survey, and if after, within three months after settlement; the boundaries to be desig- nated within that time. Com'r. (D.) Mar. 10, 1882. E. & E., Santa ¥6. Oregon donations : 46. A qualified claimant, whose residence and cultivation upon his claim has continued over one year, is entitled under the 1st section of the act of July 17, 1854, to purchase the land claimed at $1.25 per acre. Com'r. (D.) Feb. 6, 1881. W. D. Jasper. 47. A single woman who settled in Oregon in 1853 cannot claim donation under the 5th section, act of Sept. 27, 1850 ; that section being limited to white male persons. Com'r. (D.) June 18, 1881. Mrs. Brewer. Sec'y. June 29, 1882. 48. A homestead claim, initiated upon the claim of a donation claimant, before completion of the required term of resi- dence, &c., is an " adverse right" within the meaning of the act of June 25, 1864; and as such, defeats a notification subsequently filed by the administrator of the deceased donation claimant. Com'r. (D.) Dec. 4, 1880. Heirs of Oliver v. Guerin. 78 DIGEST OF DECISIONS. Oregon donarotect his interest when absent from his land on account of illness and cannot return thereto. Com'r. (C.) August 17, 1881, Louisa C. Eothweiler, 8 C. L. O., 90. 199. Settling on land covered by an uncanceled prior entry, cannot be credited with time such prior entry remained uncanceled after his settlement. Com'r. (C.) August 10, 1881. Michael McVey, 8 C. L, O., 92, 200. On timber lands, liable to prosecution for removing and selling timber before making final proof on his entry. Com'r. (C.) August 4, 1882. Miles Borden, 8 C. L. O., 92, 201. Brought to this country during infancy, how his citizenship must be shown. Com'r. (C.) Feb. 2, 1882. William Miller, 8 C, L. O., 191. 202. Having no other recognized home than entry land — liberal con- struction, act of 1862. Sec'y. June 23, 1882, Edwards v. Sexson, 9 C, L. O,, 72, 104 DIGEST OF DECISIONS. Homestead claimant — Continued. 203. Deceased — the order stated in which patent may issuer- will. Coni'r. (C.) June 24, 1882. John J. Jones, 9 C. L. O., 73. 204. Failing to make entry in time, though living on the land, may file as a pre-emptor, and defeat an adverse homestead entry. Oom'r. (0.) June 16, 1882. Duncan v. Campbell, 9 C. L. O., 74. Homestead entry : 205. Under act of May 14, 1880, homestead claimant of iinsurveyed land placed in same position as pre-emption claimant re- garding placing claim on record, &c., notwithstanding the fact that the land has been appropriated by a prior home- stead entry. Com'r. (C. ) Dec. 4, 1880. Esrey v. Glenn, 7 0. L. O., 148. 206. Alleged abandonment of a, cured by purchase of tract, under act June 16, 1880, at any time prior to cancellation of entry. Sec'y. Mar. 12, 1881, Gohrman v. Ford, 9 C. L. O., 6. 207. Homestead settler on unsurveyed land not obliged to make entry until all tracts embraced in his claim surveyed and plats thereof returned to or filed in local ofBce. Com'r. (C.) Feb. 9, 1881, to E. & E., Los Angeles, Cal., 8 C. L. 0.,7. 208. A homestead declaratory statement should be accompanied by claimant's affidavit that he has not made a prior homestead filing, or. Act'g Com'r. (C.) April 7, 1881, to E. & E., Watertown, Da- kota T'y, 8 C. L. O., 7. 209. Eejection of application for a — proceedings when the register has grounds for believing application not made in good faith. Com'r. (C.) May 21, 1881, to E. & E., Ironton, Mo., 8 C. L. O., 36. 210. A new, under act March 3, 1879, maybe allowed, notwithstand- ing a settlement on the land embraced in original entry was not made — privilege allowed by law unconditional. Com'r. (C.) Mar. 26, 1881. Anton Eazer, 8 C. L. O., 35. 211. Final commissions on, how computed. Act'g Com'r. (C.) June 1, 1881, to E. & E., Jackson, Miss., 8 C. L. O., 65. 212. Transmittal of proof on — instructions. Act'g Com'r. (C.) June 16, 1881, 8 C. L. 0., 55. 213. Proof of death of homestead party — evidence required. Com'r. (C.) May 23, 1881. Adolph Seidensticker, 8 C. L. O., 65. 214. Proceedings of homesteader to protect his interest where ab- sent from his land on account of illness and cannot return thereto. Com'r. (C.) Aug. 17, 1881. Louisa C. Eothweiler, 8 C. L. O., 90. DIGEST OF DECISIONS. 105 Homestead entry —Continued. 215. Claimant settling on land covered by an uncanceled prior entry cannot be credited with the time such prior entry re- mained uncanceled after his settlement. Com'r. (C.) Aug. 10, 1881. Michael McVey, 8 C. L. O., 92. 216. Before final proof made on, homestead claimants on timber lands liable to prosecution for removing and selling tim- ber. Com'r. (C.) Aug. 4, 1882. Miles Borden, 8 0. L. O., 92. 217. When an application to homestead land will be treated as a personal and not an official transaction. Com'r. (C.) Aug. 26, 1881. A. A. McElyea, 8 C. L. O., 107. 218. Act of June 15, 1880, will cover a second, when made in good faith, though in ignorance of the law. Com'r. (C.) Nov. 29, 1881. McKeff v. Newman, 8 C. L. O., 158. 219. Widow's original, when the five years' time required under the law dates from. Com'r. (C.) Dec. 9, 1881. Margaret Walker, 8 C. L. O., 175, 220. Notice of proof regarding, under act March 3, 1879, should be published in newspapers of good repute nearest the land by the usual traveled routes. Com'r. (C.) Dec. 19, 1881, to E. & R., Leadville. Col., 8 C. L. O., 177. 221. A foreigner having made a, it is illegal and must be canceled, although he may afterward declare his intention and be- come a citizen. Com'r. (C.) Feb. 2, 1881. Patrick Marrion, 8 C. L. O., 191. 222. Where a, is void at inception, land may be purchased under act of June 15, 1880. Com'r. (C.) Aug. 25, 1881, Geo, W. Maughn, 9 C. L, O., 56. 223. When a, takes date — in view of alleged settlement. Com'r. (C.) April 26, 1882. Kate Cox, 9 C. L. O., 58. 224. When a new, permitted — land unfit for cultivation. Com'r. (C.) May 26, 1882. Ludwig P. Skarstad et al., 9 C. h. O., 58. 225. Where lack of water, and in view of facts, a second permitted. Com'r. (C.) May 4, 1882. Benedict Levin, 9 C. L. O., 58. 226. lu every case an actual, personal, continuous residence is not necessary. The act of 1882 should be liberally construed^ claimant having no other recognized home. Sec'y. June 23, 1882. Edwards v. Sexson, 9 C. L. O., 72. 227. In case of death of deceased homestead party, the order stated in which patent may issue. Com'r. (C.) June 24, 1882. John J. Jones, 9 C, L. O., 73. 228. In what case and how an adverse, may be defeated. Com'r, (G.) June 16, 1882. Duncan v. Campbell, 9 C. L. O., 74. 106 DIGEST OF DECISIONS. Homestead entry — Continued. 229. Unlawful to allow a, in case of one who by his own admission has failed to file in time for land embraced in the subsist- ing entry of a homesteader. Act of May 14, 1880. Com'r. (C.) June 20, 1882. Hoist v. Phelps, 9 0. L. O., 75. 230. Case where a, in view of certain facts, treated as an adjoining farm entry. Com'r. (0.) July 19, 1882. Isaac S. Eiggs, 9 0. L. O., 96. ■'■^Homestead laws": 231. The expression, in act of June 15, 1880, is generic, and refers to all vested adverse rights. Sec'y. July 18, 1882. George. S. Bishop, 9 G. L. O., 95. Ignorance of the law : 232. When excusable, where homestead entry made in good faith. (On appeal to Secretary.) Com'r. (C.) Nov. 29, 1881. McNeff v. Kewman, 8 C. L. O., 158. Indian lands: 233. Kansas trust and diminished reserve. Eegarding the use of Kansas scrip and " Stevens scrip" in payment for. Sec'y. Sept. 5, 1881, to Com'r., 8 C. L. O., 109. 234. Cherokee, in Arkansas. Eelative to survey and sale of, and stipulations under treaties of 1828 and 1833. Eecommendations of Com'r. approved by Sec'y. March 19, 1881, 8 C. L. O., 110. Indian reservations : 235. Permanent, defined. Sec'y. Oct. 20, 1882, 2 Eep'r, 155. 236. What is understood as "reservation held by common Indian title." Sec'y. Oct. 20, 1882, 2 Eep'r, 155. See Publio lands, (Miami Indian Eeservation,) Nos. 250,251; (Otoe and Missouria Indian Reservation,) No. 270; (Ottawa and Chippewa In- dian Keservation,) No. 271; Sioux and Winnebago Indian Eeserva- tion,) No. 350. Indian scrip : 237. Eelative to ownership of, in case of failure of location. Com'r. (C.) Aug. 10, 1881. Gardepie v. Blair, 8 C. L. O., 26. 238. Eespecting the use of what is known as Kaw, in payment for Kansas trust and diminished reserve lands, under treaty of March 13, 1862. Sec'y. Sept. 5, 1881, 8 C. L. O., 109. 239. Chippewa half-breed, relative to ownership of, under certain circumstances. Sec'y. Feb. 3, 1882, 8 0. L. O., 199. 240. Choctaw — defective scrip location — cash payment may be made, to perjfect entry, when. Ownership of sciip in cer- tain case. Com'r. (C.) July 2<5, 1882. Campbell Leflore, 9 C. L. O., 137. DIGEST OP DECISIONS 107 Instructions : 241. Kegarding final commissions in homestead cases ; how com- puted. Acting Com'r. (0.) June 1, 1881, 8 G. L. O., 55. 242. Eegarding transmittal of homesteadproof, taken before judge or clerk of court. Acting Com'r. (0.) June 15, 1881, 8 C. L. O., 55. 243. Eegarding soldiers' additional homestead entries, what re- quired in the matter of residence, &c. Com'r. (0.) Aug. 22, 1881, to E's. & E's., 8 C. L. O., 88. 244. Eegarding lands reduced in price by sec. 3, act of June 15, 1880, and not heretofore offered at public sale at minimum price. Circular, Oct. 10, 1881, 8 C. L. O., 121. 245. Circular of, regarding making of final proof on timber-culture Circular of Feb. 1, 1882, 8 C. L. O., 195. Intrusion : See Piihlie lands, (forcible intrusion,) No. 183. Kansas : See Public laiids, (Miami Indian Eeservation in,) Nos. 250,257; Otoe and Missouria Indian Eeservation, No. 270. Legal representatives : 246. The heirs or, of a timber-culture claimant, only can relinquish entry. Com'r. (C.) March 21, 1882. George Taylor, 9 C. L. O., 37. See FuhUo lands, (administrator,) No. 18, et seq. ; (devisee,) No. 145; (heirs,) No. 185, et seq. Married woman : 247. A woman having married is not disqualified from making an additional homestead entry under act of March 3, 1879. Com'r. (C.) Sept. 29, 1881. Eda M. Carnochan n^e Cady, 8 C. L. O., 121. 248. A, cannot acquire title to public land under the timber-culture act of 1878. Com'r. (C.) Nov. 30, 1881, 8 0. L. O., 158. 249. Dower right of — how assigned ; cases of married men ; assign- ment of duplicate cash receipts, &c. Com'r. (C.) Oct. 20, 1881. T. J. Edwards, 8 C. L. O., 200. See Public lands, (deserted wife,) Nos. 143, 144. Miami Indian Eeservation in Kansas : 250. Instructions under act of June 27, 1882. Com'r. (0.) June 29, 1882, 9 C. L. O., 103. 251. Notice to settlers on unallotted lands in same. Com'r. (0.) July 19, 1882, 9 C. L. O., 138. Minnesota : 252. Proclamation withdrawing from sale or disposal certain lands in. Public notice, Nov. 28, 1881, 8 C. L. O., 185. 108 DIGEST OF DECISIONS. Military iounty-land warrants : 253. Attaching seal of office to Coin'r's certificate regarding regu- larity of assignment of, discontinued. Com'r. (0.) Jan. 12, 1882, to local officers, 8 0. L. O., 184. Minor children : 254. A married woman under the age of 21 years, the child of a de- ceased person qualified, if living, to make " a soldier's home- stead," is a minor orphan child under sec. 2307 R. S. Sec'y. Dec. 8, 1880. Maria J. Stuart, 7 O. L. O., 148. 255. The provisions of law regarding, cannot be defeated by home- stead party making a will. What final proof must show regarding, in case of death of homestead party. Com'r. (0.) Jan. 13, 1882. Sarah Leonards, 9 C. L. O., 6. Mistake : See Public lands, (error,) Nos. 166, 167, Mulching : 256. When it will be allowed on timber-culture entries. Com'r. (C.) Feb. 17, 1882. Enoch W. Poor, 8 0. L. O., 195. Naturalization : 257. Homestead party claiming, through his father must show that he was dwelling within the United States at the date of his father's naturalization. Com'r. (C.) June 28, 1882. Adolphus Pinder, 9 C. L. O., 72. 258. Only courts having clerks separate and distinct from the judges are competent to naturalize aliens. Com'r. (C.) June 10, 1882. Letter to J. F. Hechtman, esq., 9 C. L. O., 72. NebrasTca : See Publio lands, (Otoe and Missouria IndiaB Reservation, ) No. 270. Newspapers : 259. Instructions regarding charges for publication of certain no- tices, 8 C. L. O., 175. 260. Of good repute should be selected by local officers where no- tice regarding proof under act March 3, 1879, is to be given by publication ; newspapers nearest the land by usual trav- f^l ^(i roil i"^s Com'r. (C.) Dec. 19, 1881, to E. & E., Leadville, Colo., 8 C. L. O., 177. Notice: 261. In contested case, must be given by personal service, when address of the defendant is known. Sec'y. Jan. 13, 1881. Gulseth v. Samson, 7 C. L. O., 163. 262. By publication, being in several particulars defective, contest dismissed. Sec'y. Jan. 29, 1881. Eeinmer v. Doty, 8 C. L. O., 7. 263. Of continuance, in contest case, need not be given by publica- tion, when. Com'r. (C.) May 16, 1881, to Chas. L. Truman, 8 C. L. O., 36. DIGEST OP DECISIONS. 109 Notice — Continued. 264. What must be stated by local officers in a, of their decision in contested case. Com'r. (0.) August 15, 1881. Vinson v. Keith, 8 C. L. O., 90. 265. Of proof, under act March 3, 1879, should be published in newspapers of good repute nearest the land by usual trav- eled routes. Com'r. (O.) Dec. 19, 1881, to E. & R., Leadville, Colo., 8 0. L. O., 177. 266. When a, of decision of the General Land Office is sent by mail to local officers to be served by them, ten days are allowed in addition to the sixty allowed under the rulings of the Department. Com'r. (C.) Feb. 10, 1882, to Hon. Montgomery Blair, 8 C. L. O., 188. 267. Irregularity in, of hearing, cured by appearance of party who proceeds without objection thereto. Seo'y. May 3, 1882. Morse v. Payne, 9 C. L. O., 70. 268. Variance between, and affidavit of contest, when too late for defendant to take advantage of. Com'r. (C.) Aug. 31, 1881. Gould v. Weisbecker, 9 C. L. O., 151. 269. To settlers on unallotted lands in Miami Indian Eeservation, in Kansas. Com'r. (C.) July 19, 1882, 9 C. L. O., 138. See Pub. Lands, (practice,) No. 283. Otoe and Missouria Indian Reservation in Kansas and Nebraslca : 270. How land in, will be sold. Com'r. (C.) Dec. 27, 1881. Hon. K. Ford, 8 0. L. O., 184. Ottawa and Ohippewa Indian Eeservation : 271. Lands in, reserved as being "valuable mainly for pine timber," not subject to disposal until further legislation by Congress. Com'r. (0.) July 17, 1882. White and Mallett, 9 C. L. O., 138. Patent : 272. Act of March 3, 1879. Provisions of law regarding issue of, on new or additional entries. Com'r. (C.) March 1, 1882, Joseph D. Sharp, 9 C. L. O., 6. 273. Desert land, will issue only in names of the original parties. Com'r. (0.) Feb. 8, 1882. Pedro Sodello et al, 9 C. L. O., 38. 274. In homestead cases, the order stated in which, may issue. Com'r. (0.) June 24, 1882. John J. Jones, 9 C. L. O., 73. 275. How, or in what case, may be corrected, so that name of patentee shall agree with signature. When remedy of party is in the courts. Com'r. (0.) June 15, 1882. Alexander Chaboillez, 9 C. L. O., 84. 276. To homesteader after contest on decision of General Land Office, not appealed from, held paramount to railread title under laud grant. Kan. Pac. E'way Co. v. Dunmeyer, 24 Kan. E., 725. 110 DIGEST OF DECISIONS Perjury : 277. Any person having knowledge of, may, on proper showing, cause the arrest of perjurers in land cases. Com'r. (0.) Jan. 22, 1881, to Andrew J. Osburn, 8 0. L. O., 7. Permanent Indian reservation : 278. Deflqition of the term. Sec'y. Oct. 20, 1882, 2 Eep'r, 155. Personal right : 279. A preference right of contestant is a, and is in him only who contests and procures the cancellation of an entry — a right which is not assignable. Sec'y. Sept. 20, 1882. Weber v. Shappell, 9 C . L. O., 131. Planting : See Pul). lands, (timber culture,) Nos. 360, 362, 366, 367. Possession : 280. Public lands claimed by virtue of, claimant is bound to take such precaution as will advise all the world of his rights. Forsyth v. Eichardson, 1 Idaho E., 459. 281. Certificate of, in accordance with law, is an equitable sever- ance of the land from the public domain, and sufficient evi- dence of title, when accompanied by possession, to found the basis of prescription against the holder of a patent issued subsequently to the acquisition of such prescription. Gray v. Ellis, 33 La. An'l E., 249. 282. Claim by right of, against the United States is very slight, and so long as the United States retains the legal title, the statute of limitations does not run against it, nor does any equity arise from such possession. Simmons r. Ogle, 105 S. C, 271. Practice : 283. Proceedings, where contest is continued, published notice of contest having been given in the first instance. Com'r. (C.) Mayl6, 1881,toOhas. L. Truman, 8 C. L. 0.,36. 284. In contested cases the proof should be confined to the allega- tions, and judgment rendered only on the questions at issue. Sec'y. June 9, 1881. Schelter v. Off., 8 C. L. O., 53. 285. In what case additional time allowed for appeal — Eule 44 of Practice, indefinite. Com'r. (C.) July 1, 1882. Markers v. Canady, and other cases, 9 C. L. O., 70. 286. Eegarding arguments, and copies for service, in contested cases where appeals are taken. Act'g Com'r. (C.) June 2, 1881, 9 C. L. O., 110. See PuUic lands, (Rules of Practice,) Nos. 341, 342, 343. Pre-emption law and timber-culture law : 287. What is required under each — no distinction between require- ments of. Sec'y. July 24, 1882. Galloway v. Winston, 9 C. L. O., 98. DIGEST OF DECISIONS. Ill I Preference right : 288. The act of May 14, 1880, gives the contestant of a homesteacl entry a preference right only upon cancellation of the entry. Sec'y. March 12, 1881. Gohrman v. Ford, 8 0. L. O., 6. 289. Of contestant, personal, and cannot be transferred or assigned. Comr. (0.) Jan. 13, 1882. Bennet v. Collins, 8 C. L. O., 172. 290. Of contestant in timber-culture cases, thirty days to enter land j meantime no other timber-culture entry can be made in same section. Sec'y. March 13, 1882. Wm. Ehmen, 9 0. L. O., 36, 37. 291. Of contestant, under act May 14, 1880, is a personal one, and not assignable. Com'r. (0.) April 17, 1882. Boysen v. Born, 9 0. L. O., 61. 292. Eelinquishment of timber lands — party procuring and filing re- linquishment acquires no preference right. Com'r. (C.) June 30, 1882. Martin v. Pugh, 9 C. L. O., 79. 293. Of contestant, holds good, notwithstanding allegations that timber-culture entry was illegal at inception, Sec'y. Aug. 1, 1882. Haskins v. Nichols, 9 C. L. O., 118. 294. Does not attach when purchase of land is made prior to can- cellation of entry. Com'r. (C.) Sept. 6, 1882. John D. Hay, 9 C. L. O., 132. 295. Is acquired under act of May 4, 1880, by one who successfully contests a homestead entry, pays fees, &c., and gains such adverse standing as to prevent the entryman from paying for the land under act of June 15, 1880. Act'g Com'r. Oct. 29, 1880. Gohrman v. Ford, 7 C. L. O., 135. 296. Where a second contest initiated prior to the termination of a prior one, and the entry in question is canceled as the re- sult of first contest, the second contestant has no prefer- ence right of entry, should the first contestant fail to make entry. The preference right being personal cannot be transferred or assigned. Com'r. (C.) Jan. 13, 1882. Bennett v. Collins, 8 C. L. O., 172. Private entries : 297. An application in writing is the foundation of all, or entries generally, where a memorandum of the land sought to be entered is required by law or regulations. Com'r. (C.) Nov. 15, 1880, to Wm. Sensenderfer, 7 C. L. O., 167. Protest: See Pttilio lands, (final proof,) No. 179. Purchase : 298. Money cannot be refunded where party has taken benefit of act of June 15, 1880, and paid the required price for his land. Com'r. (C.) Jan. 9, 1882. W. W. Dewhurst, 8 C. L. O., 178. 299. Of canceled homestead entry, when allowed under act June 15, 1880. Sec'y. June 3, 1882. John W. Miller, 9 0. L. O., 57. 112 DIGEST OF DECISIONS. Purchase — Continued. 300. An application to, prior to cancellation of homestead entry de- feats contest. Under act of June 15, 1880, transfer of a portion of the land embraced in a homestead entry by bona fide instrument in writing is no bar to purchase. Com'r. (0.) Sept. 6, 1882. John D. Hay, 9 O. L. O., 132. Purchaser : 301. When a, from original entryman may make an adjoining farm entry. Com'r. (C.) June 17, 1882, to E. and E., Jackson, Miss., 9 0. L. O., 74. 302. Of homesteader's rights — rights of, under act of June 15, 1880. Sec'y. April 27, 1882. Thomas F. Weaver, 9 C. L. O., 95. 303. Of a homestead claim has no standing in a contest, when. Sec'y. Sept. 20, 1882. Weber v. Shappell, 9 0. L. O., 131. Receipt: 304. When transfer of duplicate, is not a legal transfer of title to land. Com'r. (C.) July 10, 1882. Ella M. Hoyt, 9 0. L. O., 95. Reclamation : See Public lands, (desert lands,) No. 142. Record : 305. Homestead claimant, by act of May 14, 1880, is placed in same position as pre-emption claimant, in regard to right to place claim on record within three months alter the filing of township plat in local office. Com'r. Dec. 4, 1880. Ezrey v. Glen^ 7 C. L. O., 148. 306. Of contest lost — proceedings in case of. Com'r. (C.) May 19, 1882. John Zeigler, 9 C. L. O., 50. Registers and receivers : 307. Instructions to, regarding fees and charges. Com'r. (C.) Jan. 27, 1881, to E. & E., Shasta, Cal., 7 C. L. O., 186. 308. Salaries, fees, and commissions of, how prescribed. First Comptroller, July 25, 1881, to Com'r, 8 C. L. O., 78. 309. What must be stated by, in notices of decisions in contested cases. Com'r. (C.) Aug. 15, 1881. Vinson v. Keith, 8 C. L. O., 90. 310. A homestead party appointed register may perfect entry, when ; purchase under act of June 15, 1880. Com'r. (C). Aug. 3, 1882. Thomas J. Scott, 9 C. L. O., 132. 311. The duties of, are separate and distinct, and neither can dis- charge those of the other in the absence of express au- thority therefor, &c. Acting Com'r. (C.) Nov. 23, 1882. Christian F. Bbinger, 2 Eep'r, 154. 312. A party acting upon the suggestion of one or the other should lose nothing, unless. Acting Com'r. (C.) Nov. 13, 1882. Schmidt v. Stillwell, 2 Eep'r, 154. DIGEST OF DECISIONS. 113 Registers and receivers — Continued. 313. Unlawfal demands of receiver regarding timber-culture en- tries — case stated. Sec'y. Dec. 4, 1880. H. O. Hodges, 7 C. L. O., 150. Relinquishment : 314. Piled before final disposition of contest, treated as proof of abandonment, &c. Acts May 14, 1880, and June 15, 1880. Acting Sec'y. June 2, 1881. Johnson -y. Halmson, 8 0. L. O., 56. 315. In case of death of timber-culture claimant, must be the act of all the heirs. Com'r. (0.) Aug. 6, 1881. Charles King, 8 C. L. O., 93. 316. A qualified party may make a, of a timber-culture entry of 80 acres, and thereafter may enter the tract, under act of March 3, 1879, as an additional to his original homestead entry. Com'r. (C.) JTov. 7, 1881. W. C. Latimer, 8 C. L. O., 122. 317. iN'ot allowed of one timber-culture entry for the purpose of making second entry elsewhere. Com'r. (C.) ISoY. 5, 1881. W. A. Lewis, 8 C. L. O., 122. 318. A, to inure to benefit of contestant, under act of May 14, 1880, as evidence, the allegation being abandonment, must be made before the closing of testimony taken before local officers. Com'r. (C.) Sept. 30, 1881. John Powers, 8 C. L. O., 178. 319. Proceedings where homestead claimant has entered by mis- take a tract upon which his improvements are not located, and the tract desired is in a different land district. Com'r. (C.) Jan. 30, 1882. Geo. W. Burkett, 8 C. L. O., 192. 320. Of homestead entry because of conflict and to avoid contest, does not prevent a party from making another entry. Com'r. (C.) Feb. 2, 1882. Edward Ezernack, 8 C. L. O., 192. 321. Party making a, cannot relinquish less than a 40-acre subdivis- ion, where the homestead entry was made by regular sub- divisions. Com'r. (0.) Mar. 23, 1882. Evan Ellis, 9 C. L. O., 7. 322. Of a timber-culture entry of a deceased claimant, can be made only by the heirs or legal representatives. Com'r. (C.) Mar. 21, 1882. Geo. Taylor, 9 C. L. O., 37. ' 323. Eegarding timber lands — party procuring a, of affidavit, &c., acquires no preference right. Com'r. (C.) June 30, 1882. Martin v. Pugh, 9 C. L. O., 79. 324. Where made of a homestead entry for purpose of making a timber-culture entry on same land, tract is open to entry by first legal applicant. Com'r. (C) Sept. 5, 18-52. Banks v. Smith, 9 C. L. O., 130. 325. Of a timber-culture entry, cannot be made by an administra- tor, unless. Acting Sec'y. Nov. 9, 1882. Sally Hickok, 2 Eep'r, 154. Replanting : See Fublio lands, (timber culture,) No. 367. 114 DIGEST OF DECISIONS. Requirements : 326. Of timber culture law. What is a substantial compliance with. Com'r. (0.) April 6, 1882. Kennedy v. Olson, 9 0. L. O., 64. 327. Of timber-culture law in (he matter of breaking, cannot be excused on account of season of drought. Sec'y. June 30, 1882. Truax v. Semper, 9 C. L. O., 79. 328. No distinction between, of the pre-emption and of timber- culture laws. What required under each. Sec'y. July 24, 1882. Galloway v. Winston, 9 0. L. O., 98. 329. Of soldier, in filing declaratory statement of intention to en- ter land under the homestead law. Com'r. (C.) Nov. 22, 1882, to Geo. H. Gardner, 2 Eep'r, 158. Meservaiion : See Public lands, (Indian reservations,) Nos. 235, 236, &c. jResidence: 330. A party absent on account of severe drought, under act of June 4, 1880, is held to be constructively residing upon his land. Five years expiring during such absence, can make final proof. Com'r. (C.) Nov. 3, 1881. Martin A. Adams, 8 C. L. O., 121. 331. When a few days of, should not be construed as evidence of want of good faith. Com'r. (C.) Jan. 13, 1882. Nickols v. Bird ct al, 8 C. L. O., 176. 332. What, is a compliance with the requirements of the homestead laws. Sec'y. June 23, 1882. Edwards v. Sexson, 9 C. L. O., 72. 333. Credit given party for, where transmuting a timber-culture entry to a homestead on same tract ; peculiar facts. Com'r. (0.) June 7, 1882. Torjus H. Flom, 9 C. L. O., 79. 334. On an original farm is not residence on an adjoining tract prior to entry thereof. Com'r. (C.) July 15, 1882. William C. Field, 9 C. L. O., 115. 335. Credit for, on a tract during the time it was covered by another homestead entry cannot be allowed. Com'r. (C.) Sept. 16, 1882. John Johnson, 9 C. L. O., 132. 336. WTiat considered as, in case of additional homestead entry; compact body. Com'r. (C.) June 21, 1882. Eben M. Gordon, 9 C. L. O., 148. Restoration to market: 337. Proceedings regarding the, of certain tract of land. Com'r. (C.) April 4, 1881, W^illiam Butt, 8 C. L. O., 7 : and July 11, 1881, John Boswell, 8 C. L. O., 78. 338. Prior to, parties cannot, under the act of May 14, 1880, be allowed credit for settlement on land withdrawn for rail- road purjioses. Com'r. (C.) Aug. 10, 1881, to E. & R., Walla W^alla, Wash. T'y., 8 C. L. O., 92. DIGEST OF DECISIONS. 115 Review : 339. Of several decisions touching the application of decisions in the cases of Atherton v. Fowler and Hosmer i;. Wallace, to public-land cases. Mckols v. Burbank et al. Com'r. March 31, 1881, to E. & R., Eureka, Nev., 8 0. L. O., 57. 340. Of a decision by the Secretary, in the absence of new evidence, will not be granted, when. Sec'y. April 12, 1882. Case Charles A. Eichards, 9 C. L. O., 50. Rules of Practice : 341. In land cases, approved by the Secretary, are intended for the guidance of persons interested, and must be observed. Sec'y. Jan. 13, 1881. Gulseth v. Samson, 7 C. L. O., 163. 342. Application of Eule No. 76 of, regarding review of Secretary's decision. Sec'y. April 12, 1882. Charles A. Eichards, 9 0. L. O., 50. 343. Eule 44 of, indefinite; in what cases additional time allowed ior appeal. Com'r. (C.) Julv 1,1882. Markers d. Canady, and other cases, 9 0. L. O., 70. See PubUc lands, (practice,) No. 233, ct seq. Sailors : See FuMic lands, (soldiers' entries, &c.,) No. S51,etseq. Sales : 344. 1^0 law of the Territory can authorize sale of the public lands j such a sale would be void. People V. Owyhee M'g Co., 1 Idaho E., 409. Saline lands: 345. The character of land is a question of fact to be determined by investigation. Sec'y. July 12, 1882. Henry C. Horton et aL, 9 C. L. O., 121. Scrip : See Public lands, (Indian scrip,) No. 237, et seq. Second contest: See Public lands, (contest,) Nos. 102, 105. Secretary of the Interior : See Land Department, No. 1, et seq. Settlement : 346. Under act of May 14, 1880, parties cannot be allowed credit for, on land withdrawn for railroad purposes prior to the restoration thereof to market. Com'r. (C.) August 10, 1881, to E. & E., Walla Walla, Wash. Ter., 8. C. L. O., 93. 347. When commutation is permitted by a homestead party who has failed in. Com'r. (C.) Dec. 31, 1881. John J. McKay, 8 C. L. O., 176. 116 DIGEST OF DECISIONS. Settlement — Continued. 348. Stock-raising and dairy production, and use of the land in grazing districts for that purpose, is satisfactory compli- ance, as to settlement, with the requirements of the home- stead law. Sec'y. to Att'y. Gen'l., Oct. 13, 1880, 7 C. L. O., 135. See Public lands, (residence,) No. 330, et seq. Settler : 349. A, appropriating laud occupied by a party who has not com- plied with the law is not considered a trespasser. Com'r. (C.) June 20, 1882. Hoist v. Phelps, 9 0. L. O., 75. Settlers : Notice to. See Public lands, (Miami Indian Reservation,) No. 251. Sioux and Winnebago Indian Reservations : 350. Held to be permanent, within the meaning of the act of March 3, 1857. Sec'y. Oct. 20, 1882, 2 Eep'r, 155. Soldiers^ entries, declaratory statements, do.: 351. Additional homestead entries ; residence required, &c. Com'r. (C.) Aug. 22, 1881, to E's. and E's., 8 C. L. O., 88. 352. Proof required in case of homestead entry of qualified soldier who has deceased since making entry. Com'r. (0.) Feb. 28, 1882. Owen Colton, 8 C. L. O., 192. 353. Eights of a soldier making an additional entry ; date of filing. Com'r. (0.) Feb. 16, 1882. Henry Booth, 9 C. L. O., 50. 354. Eequirements of soldier in making a homestead entry ; where declaratory statement is filed. Must make a legal entry of the land within six months, must remove to the tract so entered and reside upon and cultivate it, as prescribed by law, before he can acquire title to the land. Filings or entries made by, when they do not settle upon the land and have no intention of doing so, are false and fraud- ulent ; cannot sell what they do not possess. Com'r. (C.) Nov. 22, 1882, to Geo. H. Gardner, 2 Eep'r, 158. Statutes : 355. How they should be interpreted ; fees in excess homestead cases. Act'g Sec'y. Aug. 8, 1881. Alcide Guidney, 8 C. L. O., 157. JSurvey : 356. Lands having been disposed of regularly under, this of&ce has no authority under the law to enter upon and resurvey or direct a resurvey. Com'r. (C.) Jan. 9, 1882. W. W. Dewhurst, 8 C. L. O., 178. 8mt: 357. A defendant in ejectment brought by A, a Government pur- chaser, in return brought suit in equity, alleging that B, under whom he claimed, had entered the land at the proper office long before the conveyance to A; but failing to pro- duce either the register's certificate of purchase or the re- ceiver's receipt for the purchase money, bill dismissed. Simmons v. Ogle, 105 S. C, 271. DIGEST OP DECISIONS. 117 Taxation : 358. Improvements upon public lands, as also the possessory right thereto, are taxable. Quivey v. Lawrence, 1 Idaho E., 313. Threats : 359. Where claimant leaves his land on account of, or fear of vio- lence, a few days of non-residence should not be construed as evidence of want of good faith. Com'r. (0.) Jan. 13, 1882. Mckols*. Birdetal, 8 C. L. 0.,176. Timber : See Public lands, (homestead claimants,) No. 200 ; (timber culture,) No. 372. Timber culture : 360. The entire area, required by law, can be planted at once, pro- vided the ground has been prepared properly, five acres of trees having been destroyed during the preceding year. Com'r. (0.) Jan. 31, 1881, to Jorgen Eaon, 7 C. L. O., 181. 361. Claimant complies with the law who replows or harrows the land broken the previous year. Two years' preparation of the soil is a legal requirement, but putting it to crop is not necessarily required. Act'g Com'r. (C.) June 4, 1881. Ehodes ■;;. Avery, 8 C. L. O., 76. 362. Breaking and planting can be done by an agent, but claimant is held responsible in case of failures. Com'r. (C.) Aug. 3, 1881. James Cassidy, 8 C. L. O., 92. 363. Acts of 1874 and 1878; non-compliance with requirements of Com'r. (C.) Aug. 24, 1881. Chapman v. I. Z. Week, 8 C. L. O. 160. 364. Where claimant believed he had broken ten acres, but which lacked a fraction of an acre thereof, entry not disturbed. Com'r. (C.) Nov. 22, 1881. Eichardson v. Knight, 8 C. L. O., 180. 365. When the mulching of trees will be allowed. Com'r. (C.) Feb. 17, 1882, to Enoch N. Poor, 8 C. L. O., 195. 366. Failure to do the prescribed planting during the third year is a forfeiture of the entry. Com'r. (C.) Mar. 20, 1882. Mendelbaum v. Turner, 9 C. L. O., 27. 367. Eeplanting— in case of destruction of trees by severe drought or other causes — must be done the next succeeding year. Com'r. (C.) Jan. 9, 1832. C. W. Cook. 9 C. L. O., 28, 368. Purchaser — work done by vendor or agent inures to the ben- efit of the entryman, he being a purchaser. Sec'y. April 1, 1882. G-ahan v. Garrett, 9 C. L. O., 63. 369. Substantial compliance — what is. Com'r. (C.) April 6, 1882. Kennedy v. Olson, 9 C. L. O., 64. 370. Entry made upon a section having upon it natural timber may be defeated by testimony showing that fact; though the entryman had made the usual affidavit that it was devoid thereof. The fact that a previous T. C. entry on the sec- tion had existed, does not affect the question. Act'g Com'r. Oct. 19, 1880. Schilter v. Off, 7 C. L. O., 137. 118 DIGEST OP DECISIONS. Timber culture — Continued. 371. Scattering trees along the margin of a stream, less than 50 in number, do not prevent the tract being regarded as " nat- urally devoid of timber." Com'r. Jan. 17, 1881. F. M. Phillips, 7 0. L. O., 166. 372. "Timber trees," kinds of, designated as being within the meaning of the law. Com'r. Jan. 17, 1881, 7 C. L. O., 166. 373. In case of simultaneous applications to make the entry, the Eegister has no discretion, and cannot discriminate be- tween them ; though where but one of them came to his knowledge, the party who succeeded, without fraud, in first gaining his attention and securing action should be held prior as to time of entr^. Act'g Sec'y. Oct. 4, 1880. Jayne v. Gowdy, 7 0. L. O., 137. Timber culture entryman : 374. Merely offering to sell his interest is not deemed sufficient ground on which to base a contest. Com'r. (0.) Aug. 12, 1881. J. W. Parmer, 8 C. L. O., 93. 375. In case of death of, relinquishment, how made. Com'r. (C.) Aug. 6, 1881. Charles King, 8 C. L. O., 93. 376. Under the will of a deceased, the widow in this case could properly file a relinquishment of the entrv. Com'r. (0.) July 22, 1881. David Patton, 8 C. L. O., 107. 377. A, duly qualified, may relinquish entry of 80 acres, and there- after enter tract under act of March 3, 1879, as an addi- tional to his original homestead entry. Com'r. (C.) ifov. 7, 1881. N. 0. Latimer, 8 C. L. O., 122. 378. Cannot be allowed to relinquish an entry for the purpose of making a second entry elsewhere. Com'r. (C.) Nov. 5, 1881. W. A. Lewis, 8 C. L. O., 122. 379. In view of act May 14, 1880, the application and affidavit of a, to make entry, can be accepted, although bearing date prior to the date when cancellation of another entry cov- ering the same tract is made at local office; when such pa- pers must be received. Com'r. (C.) Aug. 23, 1881. David L. Merryman, 8 C. L. O., 141. 380. Where a single woman, a, after making and forwarding the required affidavit and application to make entry, marries before the entry is completed at the local land office, such entry will be legal if the law be fully complied with in other respects. Com'r. (0.) Feb. 18, 1882. Effle J. Thomas, 8 C. L. O., 194. 381. Failing to do the prescribed planting during the third year forfeits the entry. Com'r. (0.) March 20, 1882. Mendelbaum v. Turner, 9 0. L. O., 27. 382. Must replant during the next succeeding year where planting of trees has been destroyed by severe drought or other causes. Com'r. (0.) Jan. 9, 1882. 0. W. Cook, 9 C. L. O., 28. DIGEST OF DECISIONS. 119 Timber-culture eutryman — Com inued. 383. Widow of a, or the administrator, can alone relinquish entry when shown to be the sole heir. How heirs of a timber- culture claimant may relinquish entry. Com'r. (C.) Mar. 21, 1882. George Taylor, 9 C. L. O., 37. 384. Work done by vendor or agent inures to the benefit of a, as though personally performed by the timber-culture claim- ant. Sec'y. April 1, 1882. Gabau v. Garrett, 9 0. L. O., C3. Timier- culture entries: 385. One may be made of tract wheron a few scattering trees are growing near a stream. Com'r. (C.) Jan. 17, 1881, to P. M. Phillips, 7 C. L. O., 166. 386. Proceedings where simultaneous applications are made to con- test entry. Sec'y. Feb. 18, 1880. Theodore Kimm, 7 C. L. O., 181. 387. The entire area required by law may be planted at once; when, and under what circumstances. Com'r. (C.) Jan. 31, 1881, to Jorgen Eaon, 7 C. L. O., 181. 388. Two years' prepai ation of the soil is a legal requirement, re- plowing or harrowing the ground the second year is a compliance with the law; putting the land to crop is not necessarily required. Act'g Com'r. (C.) June 4, 1881. Ehodes v. Avery, 8 C. L. O., 76. 389. Breaking and planting can be done by an agent; claimant held resuonsible in case of failure. Com'r. (C.) 'Aug. 3, 1881. James Cassidy, 8 C. L. O., 92. 390. The mere offering to sell is not sufBcieut ground upon which to base a contest against entry. Com'r. (C.) Aug. 12, 1881. J. W. Farmer, 8 C. L. O., 93. 391. Eelinquishment of, how made, iu case of death of claimant. Com'r. (C.) Aug. 6, 1881. Charles King, 8 C. L. O., 93. 392. A qualified party may relinquish one, of 80 acres, and there- after enter same, under act of March 3, 1879, as an addi- tional to his original homestead entry. Com'r. (C.) Nov. 7, 1881. W. C. Latimer, 8 C. L. O., 122. 393. A party cannot relinquish one for the purpose of making another elsewhere. Com'r. (C.) Nov. 5, 1881. W. A. Lewis, 8 C. L. O., 122. 394. In lieu of act,May 14, 1880, application and affidavit to make entry can be accepted, although bearing date prior to date when cancellation of another entry, covering same tract, is made at local office. Such papers must, however, be received at local office within reasonable time. Com'r. (C.) Aug. 23, 1881. David D. Merryman, 8 C. L. O., 141. 395. In case of a contested, the contestant's entry takes date from time it is fully effected and not from date of initiation of con- test. Com'r. (C.) Sept. 15,1881. Thomas A. Cheshire, 8 0. L.O., 195, 120 DIGEST OF DECISIONS. limier-cuHure entries — Continued. 396. Circular of instructions regarding the making of final proof on. Com'r. (C.) Feb. 1, 1882, to local officers, 8 C. L. O., 195. 397. Where claimant fails to do the prescribed planting during the third year, the entry is forfeited. Com'r. (C.) March 20, 1882. Mendelbaum v. Turner, 9 C. L. O., 27. 398. Where jjlanting of trees destroyed by drought or other causes, the replanting must be done the next succeeding year. Com'r. (C.) Jan. 9, 1882. C. W. Cook, 9 C. L. O., 28. 399. One contested and canceled, contestant has thirty days to ea- ter land, &c. Sec'y. March 13, 1882. Wm. Ehmen, 9 C. L. O., 36, 37. 400. One, of deceased son, can be completed by father as heir. Com'r. (C.) Jan. 6, 1882. Cowan v. Woodside, 9 C. L. O., 37. 401. Of deceased claimants, can be relinquished only by the heirs or legal representatives. Widow or administrator can alone relinquish when shown to be the sole heir. How heirs may relinquish, &c. Com'r. (C.) Mar. 21, 1882. George Taylor, 9 C. L. O., 37. 402. Work on, can be done by the entryman,his agentor the vendor. One purchasing land which has been in whole or in part broken, planted, or cultivated by another, the law is as fully complied with as if he, the purchaser, had personally performed the work. Sec'y. April 1, 1882. Gahan v. Garrett, 9 C. L. O., 63. 403. Affidavit and application to make, cannot be made by agents or attornevs in behalf of principals. Com'r. (C.) May 31, 1882. John E. Cannon, 9 C. L. O., 64. 404. Where one, transmuted to homestead for same tract, credit given for residence, &c. Com'r. (C.) June 7, 1882. Torjus H. Flom, 9 C. L. O., 79. 405. Preference right of contestant holds good, notwithstanding entry alleged to have been illegal at inception. Sec'y. Aug. 1, 1882. Haskins v. Nichols, 9 C. L. O., 118. 406. Contests against, are restricted to parties who seek to make entries of the lands. Contestant must file application to make entry when initiating contest, otherwise contest void. Act'g Sec'y. Nov. 14, 1882. Bundy v. Livingston, 2 Eep'r, 154. 407. One, cannot be relinquished by an administrator, unless. Act'g Sec'y. Nov. 9, 1882. Sally Hickok, 2 Eep'r, 154. 408. Case of unlawful demands regarding fees. Sec'y. Dec. 4, 1880. H. O. Hodges, 7 C. L. O., 150. Timber-culture laws: 409. Substantial compliance with — what is. Com'r. (0.) April 6, 1882. Kennedy v. Olson, 9 C. L. O., 64. DIGEST OF DECISIONS. 121 Timber-culture laws — Continued. 410. Act of June 14, 1878, does not limit right of contest to one person or to one contest; neither does it- forbid a second contest when the first has not been sustained. (On appeal to Secretary.) Oom'r. (0.) Mar. 3, 1882. Case Schneider v. Bradley, 9 C. L. O., 64, 411. 'No distinction between requirements of the, and the pre-emp- tion laws — what each requires. Sec'y. July 24, 1882. Galloway v. Winston, 9 C. L. O., 98. Timber lands: 412. Affidavit under act of June 3, 1878, does not withdraw the land from entry. A party procuring relinquishment of affidavit regarding timber lands acquires no preference right. A homestead entry thereof may be allowed, subject to prior rights. No entry of, can be allowed alter proof made in the prescribed manner, that land is valuable only for timber or stone. Com'r. (C.) June 30, 1882. Martin v. Pugh, 9 0. L. O., 79. Timber trees : 413. Include every kind valuable for timber or for domestic pur- poses. Com'r. (C.) Feb. 3, 1882, to Hon. M. C. George, 8 0. L. O., 180. Unsurveyed lands : 414. Homestead settlers on, not obliged to file or make entries until all the tracts embraced in their claims have been surveyed, and plats thereof returned to the local office, which shall enable them to describe the tract claimed by i^roper legal subdivisions. Com'r. (C.) Feb. 9, 1881, to E. & E., Los Angeles, Cal., 8 C. L. O., 7. JJte Indian Reservation : 415. In Colorado, when restored to market, lands in will be sold for cash only. Com'r. (0.) Oct. 26, 1881. Isaac Mears, 8 C. L. O., 123. Variance : 416. Between affidavit of contest and notice thereof, when too late for defendant to take advantage. Com'r. (C.) Aug. 31, 1881. Gould v. Weisbecker, 9 C. L. O., 151. Tested adverse rights : See Public lands, (homestead laws,) No. 232. Violence : When claimant leaves his land on account of threats or fear of vio- lence, a few days of residence wanting should not be con- strued as evidence of want of good faith. Com'r. (C.) Jan. 13, 1882. Nickols v. Bird et al, 8 C. L. O., 176. See Public lands, (forcible intrusion,) No. 183. 122 DIGEST OP DECISIONS. Warranty deed : See Publio lands, (churcla site,) No. 59. Widow : 417. Of deceased settler may sell her right under act of June 15, 1880. Act'g Com'r. (0.) June 3, 1881. David F. Herrington, 8 C. L. O., 56. 418. Under the will of her deceased husband she may properly file a relinquishment of a timber-culture entry. Com'r. (C.) July 22, 1881. David Patton, 8 C. L. O.,107. 419. In case of the original homestead entry of a, when the five years' time required dates from. Com'r. (C.) Dec. 9, 1881. Margaret Walker, S C. L. O., 175. 420. The act of March 3, 1879, includes all persons who in any man- ner, by original entry or by operation of law, have suc- ceeded to the right to make final proof. Sec'y. Dec. 19, 1881. Annie Anderson, 8.C. L. O., 177. 421. When sole heir of a deceased timber-culture claimant can re- linquish entry. Com'r. (C.) Mar. 21, 1882. Geo. Taylor, 9 C. L. O., 37. 422. Allowed, under act June 15, 1880, to purchase, although home- stead entry illegal at inception on account of alienage of claimant. Com'r. (C.) May 23, 1882. William H. White, 9 C. L. O., 57. Wife : See Publio lands, (deserted wife,) Nos. 143, 144. Will : 423. A homestead party cannot by, defeat the provisions of the law regarding the rights of minor children. Com'r. (C.) Jan. 13, 1882, to Hon. W. D. Washburne. Sarah Leonaido, 9 C. L. O., C. Woman : 424i. A single, after making and forwarding the required affidavit and application to make a timber-culture entry, marrying before the entry is completed at local office, held, such entry will be legal, provided, the law can be fully complied with in other respects. Com'r. (C.) Feb. 18, 1882. Effie J. Thomas, 8 C. L. O., 194. PUBLIC OFFICERS. See Agent. Pre-emption, (misconduct,) No. 78; (proof aud payment,) No. 114. PUEBLO INDIANS. See Indians. Private land claims, Nos. 101, 102. PURCHASE. See Public lands, Nos. 298, et scq. ; (constrnction,) Nos. 85, 89, 90, 91, 94, 98. 99, 100, 101; (contust,) No. 106; (contested cases,) No. 114; (entry,) Nos. 14'J, IGO, l.:i. DIGEST OF DECISIONS. 123 FUBCSASE MONET. See Public lands, (purchase,) No. 298. PVBGHASEE. See Mines, ^c, (resulting trust,) No. 211. Pre-emption, No. 120. Public lands, Nos. 301, 302, 303. Private land claims, (estoppel, ) No. 27 ; (selection, ) No. 112. Timber depredations. No. lH; (damage,) No. 5. QUALIFICATIONS. See Pre-emption, Nos. 121, 122 ; (Osage tr. and dim. reserve lands, ) No. J^. RAILROAD GRANTS. See Grants, No. 2. Railroads, (forfeiture,) No. 15; (dower,) No. 20; (right of way,) No.. 53, et seq. ; (settler,) Nos. 62, 63 ; (wife,) No. 74. Private land claims, (Oregon donations,) No. 66. Public lands, (entry,) No. 161. RAILROADS.— DIVISION F. Abandonment : 1. Of land by homesteader, but his entry not canceled ; the tract was not public land which the railway company could claim upon filing map of definite location, and subsequent pre- emption entry sustained. Sec'y. Feb. 24, 1881. Jones v. D. P. Ey. Co., 7 C. L. O., 181. Accretions : 2. Land covered by the waters of a late, (which have since receded,) at the date of definite location and of the withdrawal, doe» not inure to the railroad under its grant. Com'r. (F.) Mar. 12, 1881. Dodge v. N. La. and Tex. E. E. Co. ALABAMA AND CHATTANOOGA RAILROAD CO. See Railroads, (construction,) No. 5a; (jurisdiction,) No. 20o. ArTcansas : 2d, By the act of June 21, 1876, providing that all the public lands in Arkansas should be disposed of under the homestead laws only, (which remained iu force until its repeal, July 4, 1876,) all pre-emption settlements iu Arkansas on June 21^ 1876, were abrogated and made of no effect. Sec'y. June 23, 1882. L. E. & Ft. S. E. E. Co. ATCHISON, TOPEKA AND KANSAS RAILROAD CO. See Railroads, (Kansas,) N6. 21. ATLANTIC, GULF AND WEST INDIA TRANSIT COMPANY. See Railroads, (settler,) No. 66. ATLANTIC AND PACIFIC RAILROAD COMPANY. See Railroads, (construction,) No. 4; (forfeiture, ) No. 14; (Mexican grants,) No. 29; (settler,) No. 63. 124 DIGEST OF DECISIONS. Burlington and Missouri River Railroad Company : 3. Grant to, by act of July 2, 1864, was in presenti, and though not specifying the lateral limits, implied that the lands should consist of those nearest the road upon -which the grant could consistently take effect. Wood V. E. E. Co., 104 S. C, 329. See Sailroads, (right of way,) No. 56. CALIFORNIA AND OREGON BAILBOAD COMPANY. See Railroads, (homestead entry,) No. 19a; (offered lands,) No. 38; (Ore- gon donations,) No. 33; (selection,) No. 60a. CEDAR RAPIDS AND MISSOURI RIVER RAILROAD COMPANY. See Railroads, (entry, ) Nos. 8, 9. CENTRAL PACIFIC RAILROAD COMPANY. See Mines, (timber,) No. 234. Railroads, (lien lands,) No. 24 ; (pre-emption claim,) Nos. 42, 43 ; (pre- emption claimant,) Nos. 44,45; (pre-emptor,) No. 47; (right of way, ) No. 55 ; (settler, ) No. 65. Construction : 4. Lands granted to State of Mississippi, for the P. and S. W. E. E. Co., by act of June 10, 1852, held not to inure to the A. and P. E. E. Co. by its grant of July 27, 1866, the same being excepted by the third section of the last-named act from the quantity granted to the latter, as far as the two roads are upon the same general line. Com'r. (F.) March 25, 1882. ■5. The language, "subject to the expiration of such grant," in the act of April 21, 1876, had reference to the dates named in the several granting acts to railroads as those at which the roads should be completed, and not to those at which a legislative or judicial forfeiture might be declared. Sec'y. Oct. 20, 1882, Wenzel v. St. P., Min. and Man. E'y Co., 2 Eep., 145; and Nov. 6, 1882, Dean v. same. 5 a. The act of June 3, 1856, does not authorize the State of Ala- bama to build a road through any portions of Georgia and Tennessee. The Wills Valley (now A. & C.) Eailroad, hav- ing crossed the Alabama line into Georgia, became, to all intents, a Georgia railroad, and has no claim, under theact, to any lands lying in Alabama, in consideration of the six miles on the side of its road constructed in Georgia. Com'r. (F.) Dec. 19, 1881, to E. & E., Huutsville, Ala. {Joosa and Chattooga River Railroad Company : See Railroads, (jurisdiction,) No. SOo. Dalles Military Wagon Road Company : See Railroads, (declaratory statement,) No. Ca. DIGEST OF DECISIONS. 125 Declaratory statement : 6. A pre-emptor of part of an even-numbered section withdrawn from private entry and within grant to railroad company under act of July 14, 1870, was entitled to 18 months from the filing of 'declaratory statement to make payment and proof. Morrison v. Stalnaker, 104 ij. 0., 213. 6a. Application to file a pre-emption declaratory statement with- in the indemnity limits of the grant should be allowed, subject to the company's right to select the tract. Sec'y. July 11, 1882. Overholt v. Dalles Military Wagon Eoad Co., 9 C. L. O., 100. Denver Pacific Railway Company : See Railroads, (abandonment,) No. 1 ; (patents,) No. 40. Entry : 7. Canceled for conflict with railroad grant, held as confirmed by, and for reinstatement under act of April 21, 1876, notwith- standing the pre-emptor had, on cancellation, applied for return of purchase money. Sec'y. June 5, 1882. Ward v. S. M. E'y Ex. Co. 8. Homestead entry, for a tract within the limits of the railroad withdrawal, which was covered by a prior homestead entry at the date the lands were restored to market, is confirmed by the act of April 21, 1876. Sec'y. May 9, 1882. Copeland v. C. E. & Mo. E. E. E. Co. 9. Homestead entry, for a tract within the limits of the railroad withdrawal, wtiich was covered at the date of the restora- tion to market of the vacant lands within such limits by a former homestead entry, and not therefore included in the list of lands actually restored, held to be confirmed by the act of April 21, 1876, the land being considered as in fact restored and properly subject to homestead entry. Sec'y. May 19, 1882. Jannap v. C. E. and Mo. E. E. E. Co. j and see same May 31, 1882 ; Leggett v. same, 9 C. L. O., 82. 10. Homestead entry, after location of railroad under act of March 3, 1863, granting laud to Kansas in aid of railroads, on part of odd-numbered section, was invalid. Emster v. Young, 24 Kan. E., 732, Filing : 11. Duly made with the local officer, whose action was approved by the Gen'I. Land Office, is an entry " made by permis- sion of the Land Department," within the meaning of the act of April 21, 1876. Sec'y. Oct. 20, 1882. Wenzel v. St. P. M. and M. E'y Co. ; and same JSTov. 6, 1882 ; Dean v. same. 12. Pre-emption filing is prima facie evidence of a valid right, and shifts the burden of proof to the party claiming the land covered by it as belonging to a railroad grant; and in the absence of proof to rebut the presumption, the presump- tive claim must be held to be established. Com'r. (F.) Oct. 10, 1881, Feb. 15, 1882. Hazen v. St. P. and S.t). andS.M. E. E.Co's. 126 DIGEST OP DECISIONS. jFiMn^— Continued. 13. Preemption filing, abandoned by settler on being informed by receiver tliat he cannot perfect his entry by reason of the mineral character of the land, does not exhaust his right to make a second filing because he failed to verify or refute the receiver's statement. Com'r. (P.) March 22, 1881. Hunter v. N. P. E. E. Go. Sec'y. Jan. 20, 1882. flint and Pere Marquette Eailroad Company. See Railroads, (aelectioD,) No. 59. Forfeiture : 14. Although railroad oo. has failed to comply with terms of grant, it is not competent for the Dep't to enforce a forfeiture or restore the land granted bv act of 1866. Sec'y. Nov. 21, 1881. McGratii v. A. and P. E. E. Co. 15. Grant by act of July 27, 1866, vas inpresenti, and acquired pre- cision on filing i)lat of location as required by statute. The conditions in section 8 are conditions subsequent, and grant was not forfeited by failure to perform same. The company had still the right to proceed with the construc- tion, and until, by authority of Congress, advantage be taken of breach of conditions, the Executive Dep't. must give the company the benefit of the grant. 16 Opinions of Att'ys Gen., 572, 7 C. L. O., 166. 16. Eight belongs to Government to declare forfeiture of grant. Knevals v. Hyde, 1 McCra., C. C, 402 ; same v. same, 6 Dillon, C. C, 469. General Land Office : 17. The prerogative of correcting an error of fact will be exercised by it, whenever brought to its attention. Com'r. (P.) Peb. 15, 1882. McCrary v. IS. P. E. E. Co. 18. The rule that one Com'r, has no authority to review a decision of his predecessor which has become final, does not apply to a case where the decision has not been declared final and the case formallv closed. Com'r. (P.) May 19, 1882, to E. & E., San Francisco. (On appeal to Sec'y.) Eastings and Dakota Railroad Company : See Bailroacis, (soldier,) No. 69. Homestead application: 19. The I'ule that the filing of a pre-emption declaratory statement, prior to the filing of the map of survey, even though it re- main in the local land office until after the plats of survey are returned there, is a nullity, applies to a homestead ap- plication filed piior to the plats of surveJ^ Sec'y. Jan. 15, 1881. Portman v. S. P. E. E. Oo. Homestead entry : 19a. Of record, within the "granted" limits of the railroad and the "indemnity" limits of the wagon road, at the date of the withdrawal, excepts the tract covered thereby from the operation of either of the grants. Sec'y. Nov. 12, 1881. Baughman v. Oregon Cent. W. E. Co., 8 "C. L. O., 161. DIGEST OF DECISIONS. 127 Iowa : . 20. Grant to State of, May 15, 1856, to aid in construction of rail- road from Davenport to Council Bluffs, is in presenti, and, with certain exceptions mentioned, vesting in the State title to every odd-numbered section for 6 miles in width on each side of the road when the line thereof should be defi- nitely fixed. Grinnell v. E. E. Co., 103 S. C, 739. Jurisdiction : 20a. It is for the State to determine what lands or proceeds of lands, within the overlapping indemnity limits, the Alabama and Chattanooga Eailroad Company shall receive under the grant. The Department has no authority to direct the State in the matter, the directions and conditions having been imposed upon the State by the act of Congress. Sec'y. July 20, 1881. Alabama and Chattanooga E. R. Co., and Coosa and Chattooga Eiver E. E. Co. Kansas : 21. Title to lands granted to State of, in aid of railroads, by act of July 26, 1866, passed to railroad Co. on definite location of road. A. T. & Kan. E. E. Co. r. Bobb., 24 Kan. E., 673; Emil v. Young, id., 733.; A. T. & Kan.; E. E. Co. v. Rockwood, 25 Kan. E., 292. 21a. The State having selected, under the agricultural college act of July 2, 1862, certain "double minimum" lands, in lieu of twice the quantity of "minimum" lands, the same having been approved, and the approval acquiesced in for fifteen years, has now no right to select additional lands. Sec'y. May 13, 1881. Opinion of Att'y Gen'l., June 17, 1881. Kansas Pacific Railway Company : See Railroads, (patents,) No. 39. Land : 22. Covered by the waters of a lake, (at date of definite location of railroad and of the withdrawal,) which have since receded, does not inure to the railroad under its grant. Com'r. (F.) Mar. 12, 1881, and Aug. 23, 1881, to E. and E., ITatchitoches, La. Leavenworth, Lawrence and Galveston Railroad Comjpany : See Railroads, (Osage Indians,) No. 37; (suit,) No. 71; (-withdrawal,) No. 76. Lieu lands .- 23. Eight of railroad to, under act of July 26, 1866, was only a float, and title did not attach to a particular tract until selection, in the manner prescribed in the act. Mo., Kan. & Tex. E'y Co. v. Noyes, 25 Kan. E., 340; A., T. & S. F. E. E. Co. V. Eockwood, id., 292. 128 DIGEST OF DECISIONS. Lieu lands — Continued. 24. The grant of odd sections, outside of the forty miles limit, to become available in case of deficiency, did not attach to any specific land until deficiency had been ascertained and selection, in lieu thereof, actually made. Eyan v. 0. P. E. E. Co., 5 Saw., 0. C, 260. Little Rock and Fort Smith Railroad Company : See Eailroads, (Arkansas,) No. 2a. Location : 25. The line of road designated on plat filed by company in the General Land Oifice, Jan. 3, 1867, was a proper location under the act of July 27, 1866. S. P. E. E. Co. V. Orton, 6 Saw., C. C, 157. 26. Equitable title, under land grant, vested in railroad company from date of location of line of road. Knevals v. Hyde, 1 McCra., C. C, 402; same v. same, 5 Dillon, C. C, 469. 27. Filing map of Saint Joseph and Denver City Eailroad, under act of June 23, 1860, granting lands to Kansas for its benefit, was location of road. Knevals v. Hyde, 1 McCra., C. C, 402. 28. On definite location of railroad, under act of July 26, 1866, title to company to odd-numbered sections within the 10-miles limit became absolute. M., Kan. & Tex. E'y Co. v. Noyes, 25 Kan. E., 340. Mexican grant: 29. Lands within the claimed limits of, before its final location, are in a state of reservation, and do not pass under a railroad grant, which, if they were public lands, would include them. After the location of ihe claim the lands so re- served, not included in the located area, became subject to pre-emption. Sec'y. Jane 8, 1882. A. & P. E. E. Co. v. Fisher, 9 C. L. O., 80. Minerals : 30. Limestone deposits do not, as minerals, except the land from railroad grants, similar in terms to that to the Southern Pacific Eailroad Company prior to 1872. Com'r. (F.) Aug. 5, 1880, to E. & R., Yisalia, Cal., 7 0. L. O., 83. Missouri, Kansas and Texas Railway Company : See Railroads, (lieu lands.) No. 23; (location,) No. 28; (Osage Indians,) No. 36; (patent,) No. 38; (soldier,) No. 70; (withdrawal,) No. 76. North Louisiana and Texas Railroad Company : See Railroads, (accretions,) No. 2. Northern Pacific Railroad Company: See Railroads, (filing,) No. 13; (pre-emption claim,) Nos. 42, iZ; (pre- emption claimant,) No. 44; (reliuquisliment,) No. 49a; (reeerva- tiou,) Nos. 50,51; (right of way,) No. 57; (selecting,) No. 60 j, (settler,) No. 04; (settler's right,) No. 68; (withdrawal,) Nos.- 75, 79. DIGEST OF DECISIONS. 129 Occupation ; 31. Lands within the limits of grant to Texas and Pacific Eailway Company, actually occupied at date of definite location of road, were excepted from the grant by the terms thereof. Com'r. (P.) Jan. 13, 18S2, (to E. & E., Los Angeles, Gal.;) S. H. Bratton v. T. & P. E'y Co. ; June 22, 1882, T. Bratton v. same; May 19, 1882, N. B. Bratton v. same, and J. E. Flinn V. same. Offered lands: 32. A pre-emptor of a tract afterwards " offered " at public sale, who did not assert and complete his claim by proof and payment prior to the offering, is not disqualified, in the absence of a purchaser or adverse claimant, from claiming and acquiring the right of pre-emption to the tract. Com'r. (P.) July 11, 1882. Wolford v. C. & O. E. E. Co. (Ap- peal pending.) Oregon and California Railroad Company : See Bailroads, (Oregon doDations,) No. 33. Oregon donations : 33. ]S"otification of record and uncanceled at date when railroad right attaches, except the land covered thereby from the railroad grant. The relinquishment of such a claim has no eff'ect upon the status of the land until the cancellation by the General Land Office. Com'r. (P.) Dec. 16, 1880. Coleburn v. O. & C. E. E. Co. Oregon Central Wagon Eoad Company : See Bailroads, (homestead entry, ) No. 19a. Oregon Short Line Railway Company : See Bailroads, (priority, ) No. 49. Oregon Railway and Navigation Company: See Bailroads, id. Osage ceded lands : 34. The prohibitions of the pre-emption law do not apply to cases under the act of August 11, 1876, and no restriction as to the number of filings a claimant may make is found therein. Com'r. (P.) July 11, 1881, (to E. & E., Independence, Kan.,) ex parte John Terhune. 35. The requirement of the pre-emption law that a person claiming thereunder shall file an affidavit embodying the designated particulars, is not found in the act of August 11, 1876, re- lating to the entry of Osage ceded lands, which requires only that the entryman shall be a bona fide settler. Sec'y. Feb. 21, 1882. Morley v. Cooper. Osage Indians : 36. Lands reserved for their benefit did not pass under land grant to State in aid of railroads. TJ. S. V. Mo., Kan. & Tex. E'y Co., 1 McOra., C. C, 624. H. Mis. 145, pt. 1 9 130 DIGEST OF DECISIONS. Osage Indians — Continued. 37. Lands granted to, by treaty of June 2, 1825, did not pass by grant to State of Kansas in aid of railroads. U. S. V. L. L. & G. E. R. Co., 1 McCra., C. C, 610. Pacific and Southwestern Railroad Company : See Eailroads, (construction,) No. 4. Patent: 38. Entry within indemnity territory before selection ; land after- ward selected by and i^atented to railroad company under act of July 26, 1866 ; patent was without authority, and homestead entry had preference right. Mo., Kan. & Tex. E'y Co. v. Noyes, 25 Kan. E., 310. 39. To homesteader on decision, (after contest,) of Com'r. of General Land Ofl&ce, not appealed from, held paramount to title to E. E. Co., under its land grant. Kan. Pac. E'y Co. v. Dunmeyer, 24 Kan. E., 725. Sec'y. Feb. 24, 1881. Smith v. Kan. Pac. E'y Co. 40. To issue upon all claims falling within provision of section 2 of act of April 21, 1876, notwithstanding patent had already issued to E. E. Co. Sec'y. Feb. 24, 1881. Jones v. D. P. E'y Co., 7 C. L. O., 181. Practice : 41. Where there are two parties to the record, and one, cited to a hearing on motion of the other, fails to appear, the party failing shall thereafter be regarded as in default and hav- ing no standing before the Dep't., unless within reason- able time he satisfactorily explain his default and obtain Sec'v. Oct. 31, 18si. Gilbert i\ St. J. & D. C. E. E. Co., 9 C. L. O., 134. Pre-emption claim : 42. Attaching to a tract in an odd-numbered section in the granted limits at the date of withdrawal by E. E. Co., (and not abandoned,) excludes such tract from the withdrawal and from the grant. Sec'y. Dec. 17, 1881, Trepp v. N". P. E E. Co., 8 C. L. O., 181; and June 20, 1882, C. P. E. E. Co. v. Baker, 9 C. L. O., 82. 43. Tracts to which valid pre-emption claims attached when lands were withdrawn for E. E. Co., cannot pass under the grant, if the pre-emptors assert their rights. Id. Pre-emption claimant : 44. Failure of, to iile "in time," on tract in odd-numbered section, within railroad limits, but who afterwards asserts his claim, it being in " unoflered" land, is not defeated except where another settler on the same tract has filed and complied with the law. Sec'y. Dec. 17, 1881, Trepp v. K". P. E. E. Co., 8 O. L. O., 181 : June 20, 1882, C. P. K. E. Co., 9 C. L. O., 82. DIGEST OF DECISIONS. 131 Pre-emption claimant — Continued. 45. To defeat railroad right, must have been qualified as a pre- emptor when the railroad right attached. The doctrine of the retroactive effect of naturalization is not applicable. Sec'y. May 13, 1881. McMurdie v. C. P. E. E. Co., 8 0. L. O., 36. Pre-emption right : 46. To defeat right of pre-emption authorized by section 3 of act of July 1, 1862, (railroad and telegraph grant,) the company must have sold or disposed of the land within three years after the completion of its entire line ; at which time the lands not disposed of became subject to settlement as pre- scribed in said section. Com'r. (F.) Feb. 19, 1882. Cooper «. S. C. & P. E. E. Co., 8 C. . L. O., 197. Pre-emptor : 47. Who after settlement changed his filing to a homestead entry on same land, is entitled to ha^e the time required to per- fect his title computed from date of original settlement. Sec'y. June 20, 1882. C. P. E. E. Co. v. Baker, 9 C. L. O., 82. 48. Who settled before the indemnity withdrawal, but failed to assert his claim within three months after the filing of the township plat ; held that the right of the settler antedated that of the railroad, which was simply a right to select lieu lands, the laches of the settler being a matter between, him and the Gov't. Sec'y. Aug. 18, 1882. S. P. E. E. Co. ■;;. Eosenburg, 9 C. L. O., 135. Priority : 49. The question of, between two roads claiming right of way under the act of March 3, 1875, is one of fact to be determined by the courts ; the Department cannot take official cognizance of such questions. Sec'y. April 10, 1882. U. and W. E. E. Co. v. Oregon S. L. E'y Co. Com'r. (F.) Oct. 12, 1882, in case of Oregon E'y and :tvrav. Co. V. same, concurred in by Sec'y. Oct. 16, 1882. Railroad grunts : See Grants, No. 2. Private land claims, (Oregon donations,) No. 66. iBelinquishment : 49a. By a E. E. Co. under act of June 22, 1874, only relates to the person in whose favor it is made. If his entry be canceled the land inures to the E. E. Co. if it has not selected other laud. CoDi'r. (F.) June 22, 1881, Laughton v. N. P. E. E. Co. ; June 20, 1882, Quin-ne-mo-see v. same. Reservation : 50. The odd sections within late Ft. Seward military reservation, reserved subsequent to withdrawal for railroad, held to inure to railroad upon extinguishment of military reserve. Sec'y. Mar. 24, 1881. N. P. E. E. Co. 132 DIGEST OF DECISIONS. Beservation — Contin ued . 51. The odd-numbered sections in Ft. Abercroinbie military res- ervation, declared by Executive Order, after, grant to R. R. Co., but before designation of line of road, held to be excepted from grant. Com'r. (F.) April 22, 1882. Piche and Ferguson v. N. P. R. R. Co. Residence : 52. Continuous residence and cultivation required on land entered as homestead. Camping, eating, and sleeping thereonisnot a compliance with the statute. Inclosing the homestead entry with an adjoining pre-emption entry, and residing on the latter, is not a compliance with the homestead law. Sec'y. June 20, 1882. Barbeau v. S. P. E. R. Co., 9 C. L. O., 81. Bight of way : 53. Grant of, became specific and attached to the odd sections des- ignated by the act, and the sections indicated were with- drawn from pre-emption by force of the act. S. P. E. R. Co. V. Of ton, 6 Saw., C. C, 157. 54. Granted to St Jo. & Denver City E. E. Co. by act of July 23, 1866, through the public domain, is absolute and in pre- senti; and one subsequently acquiring a parcel of such land takes subject to such right. R. E. Co. V. Baldwin, 103 S. C, 426. 55. Granted by act of July 1, 1862, is exclusive, and R.R, Co. may maintain ejectment against an intruder. C. P. R. R. Co. V. Benity, 5 Saw., C. C, 118. 56. Is not exempt from operation of State legislation. TJ. P. R'y Co. V. B. & Mo. E. E. Co., 1 McCra., C. C, 452. 57. Is not exempt by company's charter from operation of the laws of Minnesota. N. P. E. E. Co. V. St. P. M. & M. E'y Co, 1 McCra., C. C, 302. 8t. Joseph & Denver Gity Bailroad Company : See Railroads, (location,) Nos. 26,27 ; (practice^ No. 41; (right of way,) No. 54. St. Paul, Minneapolis <& Manitoba Railway Company : See Bailroads, (construction,) No. 5 ; (filing,) No. 11 ; (right of way,) No. 57; (selection,) No. 58; (settlement,) No. 61. 8t. Paul & Sioux Gity Bailroad Company : See Bailroads, (filing,) No. 12. Selection : 58. The act of June 22, 1874, for the relief of settlers on railroad lands, does not authorize a E. R. Co. to surrender lands in the indemnity limits which have not been previously se- lected, and take other lands in lieu thereof. Com'r. (F.) May 25, 1881. Collar v. St. P. M. & M. R'y Co. 59. The R. R. Co. is not entitled to select, (in either its granted or indemnity limits,) land lying west of its western terminus, defined by a line at right angles with the general course of its route at such terminus. Sec'y. Sept 1, 1881. E.^LP.^JR^^,^a DIGEST OF DECISIONS. 133 Selection — Continued. 60. Upon relinquishment by R. E. Co. to a settler, and the selection of other land in lieu of that relinquished, the entry of the settler being afterwards canceled, the E. E. Co. is con- cluded from claiming the land. Oom'r. (F.) April 11, 1882. Laughlin v. N. P. E. E. Co. 60 a. The G-en'l Land OflSce cannot instruct the local offlcers to re- ceive the Eailroad Co.'s selection of lands subsequent to the expiration of its grant, (July 1, 1880,) as the granting act makes failure to complete the road by that time a for- feiture of all lands not then conveyed by patent, and de- clares the grant, for all not so conveyed, void. Com'r. (F.) December 15, 1881. Cal. & Or. E. E. Co. Settlement ; 61. And filing constitutes an entry under act of April 21, 1876, as well as under the general practice of the Land Dep't. A settlement and filing made under the pre-emption laws on lands within the limits of a railroad land grant, at a time subsequent to the expiration of such grant, is an entry which is confirmed by section 3 of said act. Sec'y. Oct. 20, 1882, Wenzel v. St. P., M. & M. E'y Co., 2 Eep'r, 145 ; and Nov. 6, 1882, Dean v. same. Settler: * 62. A party settled prior to the date of the raUroad grant, also prior to the withdrawal, and afterwards made homestead entry within three months after the filing of the township plat in the local land ofiQce, held, that the entry related back, under the act of May 14, 1880, to date of settlement. Com'r. (F.) Jan. 13, 1882. S. H. Bratton v. T. & P. E'y Co, ; June 22, 1882, T. Bratton v. same ; May 19, 1882, N. B, Bratton v. same ; same date, J. E. Flinn v. same. 63. The same as if he had settled under the pre-emption laws. Oom'r. (F.) Jan. 17, 1882, Cuddy v. A. & P. E. E. Co. ; April 11, 1882, Murphy v. same; Mar. 18, 1882, Heguira v. same. 64. Who has avowed his intention to perfect his claim under the preemption laws, cannot make homestead entry on same land under section 3 of act of May 14, 1880. Com'r. (P.) Mar 22, 1881, Hunter v. N. P. E. E. Co. Sec'y. Jan. 20, 1882. 65. Upon a tract, at date of definite location of railroad, proved not to have abandoned his claim, but complied with legal re- quirements as to inhabitancy, &c., should be allowed to re- main undisturbed, subject to final proof; that not having been made within the specified time, should be required to be made forthwith. Sec'y. June 20, 1882. 0. P. E. E. Co. v. Baker, 9 C. L. O., 82. 66. One having instituted a homestead entry prior to the railroad withdrawal. Mar. 26, 1881, his cash entry for same land, made after that date, under act of June 15, 1880, was prop- erly allowed ; and the railroad is not entitled to indemnity under act of June 22, 1874, although it has relinquished in, his favor. Com'r. (F.) July 12, 1882. Martin v. A. G. & W. I. Tr. Co. 134 DIGEST OF DECISIONS. Settler — Con tinued. 67. Whose entry was canceled for voluntary relinquishment, made because of conflict with railroad grant, who might have in- voked the remedy provided by the act of April 21, 1876, but did not, is entitled to make another entry, with credit for the original one. Com'r.(F.) July 5, 1882. James Keith. Settler's right : 68. Eelates back to date of settlement under act of May 14, 1880, defeating railroad right attaching between date of settle- ment and date of entry. Com'r. (P.) Jan. 8,1881, White-y.N. P. E. E. Co.; May 19, 1881, Lopez V. S. P. E. E. Co. Soldier : 69. Homestead entry by, in actual service, under act of March 21, 1864, held prima facie a valid entry, and to except the land from railroad grant, the E. E. Co. failing to allege and prove its illegality. Com'r. (F.) Nov. 24, 1881. Graham v.E. & D. E. E. Co. 70. Homestead entry by one in the military service is not valid in the absence of proof of residence on the land by some member of his family; and subsequent entry of another person based thereon is not confirmed By section 2 of act of April 21, 1876. Sec'y. (F.) Feb. 2, 1881, Stouder v. Mo., Kan. & Tex. E'y. Co. Sioux City and Pacific Railroad Company : See Railroads, (pre-emption rights, ) No. 46. Southern Minn. Railroad Company : Bee Mailroads, (filing,) No. 12. Southern Minn. Railway Express Company : See Sailroads, (entry,) No. 7, Southern Pacific Railroad Company : See iJaH?-oa(?8, (General Land Oiiflce,)Nos. 17, 19; (location,) No. 25; (min- erals,) No. 30; (pre- emptor,) No. 48; (residence,) No. 52; (right of way,) No. 53; (settler's right,) No. 68; (trespasser,) No. 73; (withdrawal,) Nos. 77, 78. Suit : 71. In equity, may be maintained by the U. S. to annul patent is- sued without authority of law. U. S. V. L. L. & G. E. E. Co., 1 McCra, C. C, 610. Taxation : 72. Lands granted to Eailroad Co., and earned, though no patent ' had been issued because of the E. E. Co.'s failure to pay for surveys, held taxable. County of Cass v. Morrison, 28 Minn. E., 257. Texas and Pacific Railway Company : See llailroada, (occupation,) No. 31 ; (settler,) No. 62. DIGKST OF DECISIONS. 135 Trespasser : 73. In action against, by the corporation, cannot traverse the title of the company. S. P. E. E. Co. V. Orton, 6 Saw., 0. C;, 157. Union Pacific Railway Company : See Bailroads, (right of way,) No. 56; (wife,) No. 74. Utah and Wyoming Railroad Company: See Bailroads, (priority,) No. 49. Wife: 74. Homestead entry by a woman whose husband had abandoned her, held valid at the date thereof, and to except the land from railroad grant; and that the subsequent return of the husband did not change its status, though it may have prevented its completion. Sec'y. March 14, 1881. Eolph v. U. P. E. E. Co. Wills Valley Railroad Company : See Bailroads, (Alabama and Chattanooga E. R. Co. and Construction,) No. 5a. Withdrawal: 75. Although a tract be covered by a valid entry prior to with- drawal for general route of railroad, if the entry be can- celed before the definite location of road, the tract is sub- ject to the grant. Com'r. (F.) May 6, 1881. Eichardson v. N. P. E. E. Co. 76. A tract within the ten miles (granted) limits of the L. L. & Gr. E. E. Co. and the twenty miles (indemnity) limits of the M. K. & T. E'y. Co. at the date of the withdrawal for the latter, was reserved for the former, and could not be se- lected under the withdrawal. The lauds of the L. L. & G-. E. E. Co. having been declared forfeited by the act of July 24, 1876, and the tract in question not having been, since then, selected by nor withdrawn for the M. K. & T. E'y. Co., is subject to entry under the homestead law. Com'r. (F.) Sept. 2, 1882. M. K. & T. E'y. Co. 77. At time of withdrawal of land in question it was covered by a subsisting homestead entry, subsequently canceled, which excepted it from the railroad grant, and upon its cancella- tion the land reverted to the U. S. Sec'v. June 20, 1882. Barbeau v. S. P. E. E. Co., 9 C. L. O., 81. 78. Of the lands by the act of Congress being absolute and un- conditional, the Sec'y. of the Interior had no power to re- store them to their former condition ; they could only be opened to pre-emption bv statutory authority. S. P. E. E. Co. V. Orton, 6 Saw., C. C, 157. 79. When made for a E. E. Co. in 1873, and an amended with- drawal in 1879, held that the comi^anj- was not entitled to the lands covered by both, as against a person who settled after the first and before the last withdrawal. Com'r. (F.) June 13, 1882. Prepey v. 'N. P. E. E. Co. See Mines, fc, (notice,) No. 154. Timber depredations, No. 19, et seq. ; (Mexican and Spanish grants,) No. IS. 136 DIGEST OF DECISIONS. RAILROAD TITLE. See Fuhlie lands, (patent,) No. 276. REGEIVEBS. See Jccounts, (cert's of deposit,) Nos. 5, 6. Mines, ^c, (acting as register,) No. 200. RECEIVERS OF PUBLIC MONEY. Parties who yield to unlawful demands of, do so at their peril. The Government will not make good their losses. Sec'y. Dec. 4, 1880. H. O. Hodges, 7 C. L. O., 150. See ABcmints, Nos. 19, 20, 21. RECEIPT. See Public lands, (transfer of,) No. 304. RECLAMATION. See Desert l^lnds, No. 4. RECOKDS— DIVISION B. Secession ordinance : 1. Eeview of alleged private entry at Little Eock Land Ofl&ce, Ar- kansas, at or about time the State passed the ordinance of secession. Sec'y. June 21, 1880. Isaac Hicks, 7 0. L. O., 71. • Bounty-land icarrants : 2. Commissioner of Pensions has no authority to cancel, in the hands of an innocent assignee; nor jurisdiction to decide as to who is innocent purchaser. Definition of term " in- nocent purchaser." Sec'y. July 23, 1881. Andrew Anderson el al., 8 C. L. O., 95. 3. Where two have issued to one person, and both have been lo- cated, both must be satisfied, except in case of forgery. Oom'r. (B.). To E. & E., Camden, Ark., 9 C. L. O., 137. Patents : 4. When patent has been regularly signed and recorded, the righit to its possession by grantee is perfect. Mandamus will lie to enforce its delivery. Power of the Land Department over the proceeding in the case ceases with the last act necessary to pass the title. Title by patent is title by record, and delivery of the instrument is not necessary. IT. S. ex rel. McBride v. Schurz. Sec'y., &c., 102 S. C, 378. 6. Unless void upon its face, must be regarded as the property of the grantee. Proceeding for delivery of canceled patents in Gen'] Land Ofllce. Sec'y. to Com'r, Feb. 28, 1881, 8 C. L. O., 10. 6. Eelinquishment of lands embraced in an erroneous. Com'r. (B.) To E. & E., Worthington, Minn., Sep. 19, 1882. DIGEST OF DECISIONS. 137 Patents — Continued. 7. Executed, but canceled by Com'r. of Pensions; cancellation unauthorized, and instrument must be delivered under the McBride decision. Sec'y. to Com'r,, July 23, 1881. Andrew Anderson et al., 8 C. L. O., 95. See Mines, 4-0., No. 201. Public landa, Nos. 305, 306. BEGI8TEB. See Mines, ^o., (pubhcation,) No. 195. BHaiSTMB AND RECEIVMB. See Accounts, Nos. 22, 23, 24; (fees and oommiBsions,) Nos. 11, 12. Practice, (appeal,) Nos. 1,2; (dismissal of appeal,) No. 3; (failure to appeal,) Nos. 4,5; (notice of appeal,) Nos. 8,9; (jnnadictlon,) No. 6. Pre-empiion, No. 123; (waiver,) No. 169. Private land claims, (appeal,) No. 8. Public lands, Nos. 307, et seq. SEHEABING. See Practice, (jurisdiction,) No. 6. Priuate Zo«d cZainis, (practice,) Nos. 97, 98, 99; (store dceicts,) No. 114. BELINQ UISHMENT. See Public Lands, Nos. 314, et seq. ; (preference right,) No. 293 ; (timber- culture entry man,) Nos. 375, 376, 377, 378; (timber-culture entries,) Nos. 392,393,401. BaAlroads, No. 49a; (selection,) No. 60. BELOGATION. SeeJfines, ^c, Nos. 204, 205; (abandonment.) No. 3; (expenditnre,) No. 86. BEPAYMENT. See Accounts, No. 25, et seq. Mines, #-c., No. 202. BEQ UIBEMENTS. See Public lands, TSo. 326, ei seq.; (soldier's dec. statement,) No. 354. BESEBVATION. See Construction, No. 1. Mexican and Spanish grants. No. 1. Mines, ^c, No. 207, et eeq.; (mineral lands,) No. 141; (patent,) Nos. 157, 158. Pre-emption, (pre-emption right,) No. 103. Private land claims, ^os. 107,108,109; (New Mexico donations,) No. 42. Bailroads, Nos. 50, 51. BESEBVED CHEBOKEE LANDS. See India/n lands. No. 1. 138 DIGEST OP DECISIONS. RESIDENCE. See Pre-emption, No. 124, et seq. ; (Osage T. and D. E. lands,) Nob. 93,94; (settlement,) Nos. 139,140. Private land claims, (Oregon donations,) Nos. 46,77,78. Public lands, No, 330, et seq. ; (circular instructions, ) No. 61 ; (oouBtrno- tion,) No. 76; (entry,) No. 157; (homestead entry,) No. 226. Bailroads, No. 52. PES JUDICATA. See Mines, #c.. No. 202. BESTOBATION TO MARKET. See PuWic lands, Nos. 337, 338. RESULTING TRUST. See Mines, t^O; No. 211. Patent, No. 21. REVIEW. See Land Department, No. 7. Pre-emption, No. 133. Public lands, Nos. 339, 340. REVISED STATUTES. See Mines, ^c, (construction,) No. 73. RIGHT OF WAT. See Bailroads, No. 53, et seq. RIPARIAN RIGHTS. 1. Extend laterally into the stream. Eocks and shoals along the margin of navigable rivers above tide-water belong to the riparian owner. Moore v. Willamette T. and L. Go., 7 Oregon E., 355. 2. When a navigable stream is meandered in making the public surveys and the U. S. has granted to the meander line, the grantee takes to the river. The stream and not the meander line is the true boundary of the riparian owner. Minto V. Delaney, id., 337. 3. Lands patented by the U. S. on a tide-water stream extend to the meandered line of the stream, which is the line of ordi- nary high water. Parker v. Taylor, id., 435. See Accretions. ' RULES. See Land Department, No.-4. PracHce, Nos. 10, 11. - Pre-emption, (waiver,) No. 169. Private land claims, (appeal,) No. 7. ' SALES. See Accounts, (Indian reservation,) No. 16. Mines, #c., (niiner.'il springs,) No. 142; (mining claim,) No. 149. Pre-emption, (timber,) No. 151. Puhlio lands, No. 344. Swamp lands, No. 5. DIGEST OF DECISIONS. 139 SALINE LANDS. See Public lands, No. 345. SCHOOL LANDS. 1. Grant of, in California was not intended to cover mineral lands. Such lands were, by the general policy of the Gov't., ex- cluded from all grants. Mining Co. v. Cons'd. M'g. Co., 102 S. C, 1C7. 2. In default of proof that the lot claimed as, was ever selected as ' such under the act of Congress, held that there should be judgment of non-suit, without passing upon the issues of title, «&c., raised by the pleadings. School Board v. EoUins, 33 La. An. E., 424. 3. Sections 16 and 36, by act of Mar. 3, 1853, though mineral lands, were granted to the State of California. Wedekind v. Craig, 56 Cal. E., 642. 4. Sections 16 and 36, by act of Mar. 3, 1853, are reserved from grant to State wheu settlement, by the erection of a dwell- ing or cultivation, has been made on the land prior to sur- vey ; and the State must select other lands in lieu. Id., and Mining Co. v. Cons'd M'g Co., 102 S. C, 167. 5. Settlement on, within section 7 of act of Mar. 3, 1853, is not re- quired to be the same as in cases of pre-emption. Mining Co. v. Cons'd M'g Co., 102 S. C, 167. 6. The resolution of Congress, relating to Osage ceded lands, oper- ated as a grant of the 16th and 36th sections to Kansas for school purposes. Baker v. Newland, 25 Kan. E., 25. 7. Title to sections 16 and 36 does not vest in State before the ajj- proval of the township survey by U. S. surveyor gen'l. Application to purchase prior thereto is void. Medley v. Eobertson, 55 Cal. E., 396. 8. When forfeited for non-payment of purchase money to State, and sold for taxes, the purchaser paying balance and re- ceiving patent, the title cannot be questioned. Baker v. Newland, 25 Kan. E., 25. See Mines, ^o., (coal lands,) No. 63. Pre-emption, Nos. 134, 135 ; (occupation,) No. 85 ; (settlement,) No. 143. Timber depredations. No. 25. SCSIP. See Choctaw scrip. Military bounty-land warrants, No. 1, et seq. Patent, No. 14. Pre-emption, (Valentine scrip,) No. 164. Private land claims, (indemnity scrip,) Nos. 31, 32, 33; (patent,) No. 91; (Supreme Court scrip,) No. 115, ei seq.; (surveyor gen'l's scrip,) Nos. 122, 123. Public tends, (attorney,) No. 47; (Indian lands,) No. 233; (Indian scrip, Chippewa half-breed, Choctaw, Kaw,) Nos. 337, 238, 239, 240 ; (military bonnty-land warrants,) No. 253. Sio%ix half-breed scrip, Nos. 1, 2. SEAL OF GEX'L LAND OFFICE. See Mines, cfc, (patent,) Nn. 16s. 140 DIGEST OF DECISIONS. SECRETABT OF THE INTERIOR. See Land Department, No. 1, et aeq. Private land claims, (practice,) No. 98. Railroads, (withdrawal,) No. 78. SELECTION. See Pre-emption, No. 136. Private land claims. No. 110, etseq. Railroads, Nos. 58, 59, 60; (Kansas,) No. 21a. Sxeamp lands, Nos. C, 7, 8. SETTLEMENT. See Pre-emption, No. 137, et seq. ; (alien,) No. 8; (preference right,) No 107; (residence,) Nos. 124, 126. Privateland claims, (Oregon donations,) No. 66. Public lands, Nos. 346, 347, 348. Railroads, No. 61 ; (settler's right,) No. 68; (withdrawal,) No. 79. School lands, Noa. 4, 5. SETTLER. See Construction, No. 4. Indian lands, (ceded neutral lands,) No. 2. Pre-emption, (dec. statement,) No. 37; (Osage T. and D. E. lands,) No. 90; (settlement,) No. 144; (town lots, ) No. 156. Public lands, No. 349. Railroads, No. 62, et seq. ; (selection,) No. 58. Town sites. No. 3. SETTLER'S RIGST. See Railroads, No. 68. SINGLE MAN. See Private land claims, (Oregon donations,) Nos. 55,57. SINGLE WOMAN. See Pre-emption, (waiver,) Nos. 166. 167. Private land claims (Oregon donations,) No. 47. Public lands, (timber-culture entryman,) No. 380; (woman,) No. 4S4. Sioux half-breed scrip : 1. Location of, is not allowable upon occupied lands, and mugt be made by party to whom issued, or under power of attoAiey from him. U. S. V. Chapman, 5 Saw., C. C, 628. 2. Patent under scrip location cannot properly issue pending a con- test between a claimant under State selection and the ^rip claimant. Id. SOLDIER. See Railroads, Nos. 69, 70. SOLDIER'S ADDITIONAL HOMESTEADS. See Public lands, (instructions,) No. 243. SOLDIERS AND SAILORS. See Public lands, (sailors.) SOUTHERN STATES. See Pre-emption, Nos. 147, 148 ; (private entry,) No. 110. DIGEST OF DECISIONS. 141 STABE DECISIS. See Private land claims, No. 114. STATE LAWS. See Bailroada, (right of way,) Nos. 56, 57. STATE SELECTIONS. See Accounts, No. 44. Pre-emption, No. 149. Private land claims, (interfereuoe,) No. 34. STATUTES. See Construction, No. 5. Pre-emption, (construction,) No. IB, et seq. Private land claims, (construction,) Nos. 16, 17, 23, 24. Public lands, (construction,) No. 72, et seq. SUCCESSION PBOCEEDINCS. See Private land claims, (surveyor general's scrip,) No. 122. SUIT. See Mines, fo., (adverse claim,) Nos. 7, 8, 14 ; (mineral entry,) No. 137. Public lands, No. 357. Bailroads, No. 71. SUPREME COURT SCRIP. See Private land claims. No. 115, et seq. ; (patent,) No. 91. SURFACE GROUND. See Mines, 4-0., Nos. 214, 215. SURFACE LINE. See Mines, 4-c., No. 216. SUBVEYOB GENEBAL. See Mines, *c., No. 226, et seq. ; (character of land.) No. 53 ; (lode or ledge,) No. 118. SUBVEYOB GENEBAVS SCRIP. See Private land claims, Nos. 122, 123. SURVEYS— DIVISION E. The right to make deposit of cost of, by applicant for, under E. S. 2401, 2402, and 2403, is limited to settlers^ which cor- porations are not. Com'r. (B.) Kov. 8, 1881. A. & P. R. E. Co. Sec'y. July 8, 1882. See Cimstruction, No. 5. Land Dep'L, (Gen'l Land Office,) Nos. 15, 16. Mines, fc, No. 217, et seq. ; (plats and field notes,) No. 180. Pre-emption, (dec. statement, ) No. 39. Private land claims. No. 124, et seq.; (jurisdiction,) Nos. 39, 40. Public lands, No. 356. \ 142 DIGEST OF DECIfclONS. SWAMP LANDS— DIVISION K. 1. Indemnity for. The State of Illinois not entitled to, under the swamp-laud grants, for lands sold by the United States prior to the confirmatory act of Mar. 3, 1857, and situated within the granted limits of the 111. Cent. E. E. The question being res judicata by the decision of the Department of Ifov. 20, 1855. Com'r. (K.) Mar. 19, 1880. State of Illinois. Att'y Gen'l. Feb. 21, 1881. Sec'y- Mar. 2, 1881, 8 C. L. O., 59. 2. Indemnity for, claimed by State of Illinois, under act of Mar. 2, 1885 ; selection of 12,346.51 acres having been made and certificate issued by the General Land Office therefor, Aug. 26, 1863, containing the statement that the State would be entitled to an equal quantity of public lands within the State, " if such lands could be found there liable to be taken under said act;" application denied; there being no lands in the State that can be located in satisfaction, and as be- ing res judicata by former decisions. Com'r. (K.) Sept. 6, 1880. State of Illinois. Sec'y. Oct. 19, 1881, 8 C. L. O., 141. 3. Lands within claimed exterior limits of private land claim, at date of swamp-land act, Mar. 2, 1849, were reserved from its operation, and did not pass to the State. Com'r. (K.) Nov. 24, 1879. Houmas grant, Louisiana. 4. Eeversed by Sec'y. May 3, 1881, holding that by the decision of the Dep't of May 8, 1878, the Houmas grant was limited to a depth of 42 arpents, and did not include the land in question, which should be listed to the State. 8 C. L. O., '21. 5. Sales of, by United States, prior to confirmation to State by approval of Sec'y of Interior, hold as against claim of State under swamp-land acts. Com'r. April 14, 1882. St. Arant v. State of Oregon, 9 C. L. O., 83. 6. Selection of, by E. E. Co. in Michigan, denied; the plat and field notes of survey showing the land to be swamp, and there- fore inuring to the State under act of Sept. 28, 1850, and that being the method agreed upon by the Government and the State by which to determine the character of the land. Com'r. (K.) Dec. 16, 1880. F. & P. M. E. E. Co. v. State of Mich. Sec'y. Oct. 1, 1881. 7. Selection of; by State of Michigan, and reported as swamp, but not approved. Gash entry upon same by L., but canceled for conilict with State claim and purchase money refunded ; under act of Mar. 2, 1855, purchase money may be repaiil by L., and land patented to him. Com'r. (K.) Oct. 3, 1882. Lawrence v. State of Mich., 9 C. L. O., 39. DIGEST OF DECISIONS. 143 8. Selection of; proof of incompetent, where it did not appear that the list had been approved by the surveyor geu'l or the U. S. Land Dep't. County of Buena Yista v. I. F. & S. 0. E. E. Co., 55 Iowa E., 157. 9. The swamp and overflowed lands donated by the United States to Arkansas, are, unless sooner reclaimed, exempt from taxation for ten years after they have been sold by the State. E. E. Co. V. Loftin, 105 S. C, 258. TAXATION. See Bailroads, No. 72. Swamp lands, No. 9. TMCHNICALITT. See Pre-emption, No. 150. TELEGRAPH COMPANIES. See limter depredations, No. 26. THREATS. See Public lands, No. 359. TIDE LANDS. 1. In California, — unless subject to reservation by Mexico for mili- tary purposes, or otherwise disposed of by her, were taken and held by the United States in trust for the future State. Le Eoy v. Dunkley, 54 Cal. E., 452. 2. Lands subject to tidal overflow are not included in private grants under Spanish and Mexican authority, and are not to be classed as public lands. Com'r. (E.) Nov. 19, 1881. Dennis Cook. Sec'y. Oct. 5, 1882. See Mines, ^c., (placer claim,) No. 178. TIDE WATER. See Private land claims, (boundary,) No. 13. Riparian rights, Nos. 1, 3. TIMBER. See Mines, fc.. No. 234. Pre-emption, No. 151. Public lands, (homestead entries,) No. 216; (timber culture,) No. 372. (Timber trees,) No. 413. TIMBER AGENTS. See Timber depredations, Nos. 27, 28. TIMBER CULTURE. See Pre-emption, (preference right,) Nos. 107, 108. Public lands. No. 360, et seq. ; (homestead entry,) No. 216 ; (mulching,) No. 256; (preference right,) Nos. 290,292,293; ("relinquishment,) Nos. 315, 316, 317, 322, 324, 325; (timber-culture entryman,) No. 374, et seq. 144 DIGEST OF DECISIONS. TIMBER-CULTURE ENTRIES. See Accounts, (fees and commissions,) No. 15. PuMio lands, No. 385, etseq. TIMBER-CULTURE ENTRYMAN. See Tuhlic lands, No. 374, et seq. TIMBER-CULTURE LAWS. See Public lands, Nos. 409, 410, 411 ; (pre-emption and timber-cnltnre laws,) No. 287 (requirements,) Nos. 326, 327, 328. TIMBER DEPREDATIONS— DIVISION P. Accretions : 1. Lands formed by, — adjoining public lands, belong to the Crov't, from which timber cannot be cat without violation of law. Oom'r. (P.) Oct. 4, 1881. Wm. Eeminger. Construction : 2. Under acts of June 3, 1878, (chaps. 150 and 151,) timber cut in any of the States or Territories named in either act, not to be exported. Agriculturists and miners may, committing no waste, cut timber from public lands for clearing and preparing them for tillage, and for the ordinary working of mines. One who cuts for the farmer or miner for above purposes is protected, the same as they would be. Sec'y. June 3, 1878. Contractors : 3. For timber unlawfully taken from public land, knowing or hav- ing reasqn to believe it was so taken ; or who cut or en- couraged or incited others to do the unlawful cutting, are liable to civil and criminal prosecution. Com'r. (P.) Feb. 15, 1882. M. Krebs. Damages : 4. Homestead claimant cannot collect, for timber cut on unpatented claim, or hold for damages the timber cut ; the Gov't only has that right. Com'r. (P.) Mar. 6, 1882. M. T. records. 5. Innocent purchaser of timber illegally cut may be sued by TJ. S. for full enhanced value; or timber may be replevied. Ely V. U. S., 4 Dillon, C. C, 465. Oom'r. (P.) Dec. 1, 1880, Oscar B. Barber; Feb. 24, 1881, Wm. F. Prosser; U. 8. v. Smith, April term, U. S. dis't. court, Ark. 6. In action for timber cut and carried away, the measure of dam- ages is : 1. Where defendant is a willful trespasser the full value at time and place of demand or of suit brought, with no deduction for labor and expense of defendant. 2. Where defendant is an unintentional trespasser, or his innocent vendee, the value at time of conversion, less the enhanced value by their labor and expense. 3. When defendant is a purchaser without notice of wrong from a willful tres- passer, the value at time of purchase. E. E. B. W. W. Co. V. U. S. (in error.) U. S. Sup. Court, Oct. term, 1882. DIGEST OF DECISIONS. 145 Fires : 7. Destruction of timber by ; directions for prevention, &c. Com'r. (P.) Circular, Sept. 9, 1882, 9 G. L. O., 136. Homestead and pre-emption : 8. Homesteaders residing upon their claims may cut timber on the portion to be cultivated ; surplus thereof, not required for actual improvements, and such only, may be sold by claim- ant. Com'r. (P.) Jan. 27, 1882, Oha's Conner; Feb. 3; 1882, A. M. Casted ; Feb. 28, 1882, J. H. Prince, 8 C. L. O., 192. 9. Homestead claimant, in possession of the land covered by his entry, is entitled to protection from the courts against , timber trespassers thereon. Act'g. Com'r. (P.) Jan. 7, 1881. W. T. Nelson. 10. Homestead and i:)re emption claimants are liable to prosecution, civil and criminal, for cutting and disposing of timber from their claims not entered in good faith,. or cut under false pretenses of improving, &c. Com'r. (P.) Dec. 1, 1880. O. B. Baker. Ely v. U. S., 4 Dil- lon, C. 0., 465. 11. Homestead is an estate with conditions precedent. The entry is in fact but an application only, giving the applicant no property in the land until acquired by compliance with the requirements of law. Com'r. (P.) Feb. 24, 1882. U. S. v. Wiley. Mesquite : 12. Cannot be cut from public lands, mineral or non mineral, to be exported from Sta.te or Territory where cut, or for sale to any railroad for fuel or repairs ; may be cut from mineral lands for use of actual settlers, residents, or miners, only. Com'r. (P.) Circular, Oct. 12, 1882, 2 Eep'r, 147. Mexican and Spanish grants : 13. Lands claimed under are U. S. lands until confirmed ; pending which the grant claimants have no right to cut timber thereon for sale ; nor have railroad companies a right to cut or disposb of timber on such grants. Com'r. (P.) July 25, 1881, Conway, Eisque, and Childers ; to Sec'y. Feb. i, 1882; July 15, 1882, 9 C. L. O., 121; 2 Rep'r, 131. Sec'y. June 3, 1882, 9 C. L. O., 8®. Military post : 14. Contractor for supplying, may cut wood on public land for the purpose — not committing waste — provided the Gov't only pays for the cutting and hauling. Sec'y. Sept. 26, 1882, 9 C. L. O., 136. Mining claims : 15. Locators of, complying with the law governing their possession, are invested with exclusive right of possession and enjoy- ment of all the surface embraced in their location ; have a transferable property interest therein, which may be as- serted in the courts. The Gov't cannot be made a party in a suit for trespass on such location. H. Mis. 45, pt. 1 10 146 DIGEST OF DECISIONS. Mining claims — Continued. 16. Timber necessary for mining purposes thereon, only can be cut on mining ground. U. S. V. Nelson, 5 Saw., C. G., 68. 17. Timber may be cut from mineral lands for domestic and mining purposes only — not for export. None less than 8 inches diameter can be cut. Waste is prohibited and destruction by fires. Sec'y. May 25, 1882, 9 C. L. O., 63, 100, 2 Eep'r, 115, 123. PurcJiMsers : 18. Of timber unlawfully cut, knowing the fact, or of lumber made from the same, are liable to prosecution, both civil and criminal. Oom'r. (P.) Feb. 24, 1881. W. F. Prosser. Railroads : 19. Authorized agents of only, (and the men employed by them,) can take timber from the public lands for construction purposes. Com'r. (P.) Oct. 27, 1881, J. W. Jones; Mar. 31, 1882, "Newkirk^ Eiley & Graves, 9 0. L. O., 38. Circulars, July 15, 1881, 1 Eep'r 50; June 30, 1882, 2 id., 123, 9 C. L. O., 100. 20. Cannot take timber from public land along the line of one road to construct another ; but only from land along the road to be constructed. Com'r. (P.) Aug. 3, 1881, A. T. & S. P. E. E. Co.; Nov. 2, 1881, N. M. & S. P. E. E. Co. ; Nov. 25, 1881, A. T. & S. P. E.E. Co.; Jan. 16, 1882, N. M. & S. P. E. H. Co.; to Sec'y. July 15, 1882, 9 C. L. O., 121, 2 Eep'r 131. Circu- lars, July 15, 1881, 1 Eep'r, 50; June 30, 1882, 2 Eep'r 123, 9 C. L. O., 100; July 22, 1882, 9 C. L. O., 100. 21. Maps, of location must be filed and approved before timber can be taken from adjacent public lands for construction ; and before the application required by circular of July 15, 1881, can be granted. Com'r. (P.) Oct. 25, 1881, E. & E., Boise City, Idaho; May 4, 1882, O. S. L. E'y. Co. ; same date, U. N.'E'y. Co. 22. Their right to take material from public lands for construction purposes, ceases on completion of track between terminal points. Com'r. (P.) Feb. 20, 1882. N. M. & S. P. E. E. Co., 1 Eep'r, 91. 23. Unearned lands, within limits of grants to railroads, are subject to control of Land Dep't., and timber thereon will be pro- tected from trespass. Com'r. (P.) Aug. 27 and Nov. 16, 1881. N. P. E. E. Co. ; IT. S. V. Childers, U. S. dis't. court, Oregon, June term, 1882. 24. Until definite location is made and approved, and land op- posite each section of road earned, it should be protected by the Gov't from timber trespass. Com'r. (P.) Oct. 14, 1881, and Nov. 16, 1881. W. F. Pros-^er. DIGEST OF DECISIOlsS. 147 School lands: 25. Timber cannot be taken from, by railroads or settlers. Such lands are reserved from, not included in public lands from which timber may be taken, or which are open to settle- ment. Com'r. (P.) ]Srov. 16, 1881. W. P. Prosser. Telegraph coinpanies : 26. Complying with requirements of law, (R. S. 5263-69,) can take timber from public lands for construction of line. Indi- viduals or associations, not so organized^, so cutting, are liable to prosecution, civil and criminal. Com'r. (P.) July 29, 1882. T. Harlan. Timber agents : 27. Appointment of, by Land Dep't recognized by Congress by ap- propriation for their payment. Well V. Mckles, 104 S. C, 444. 28. Compromise by agent, by which trespasser pays costs and gives bond to pay for timber taken when value shall be ascer- tained, is binding on TJ. S. Id. See Mines, ^c, (mining claim, ) No. 147. TIMBEB-GULTUBE LAW. See Puhlio lands, No. 287. TIMBEB LANDS. See Public lands, No. 412. TITLE. See Mines, ^c. No. 235. PatenU, No. 18. Private land claims, (act of June 22, I860,) Nos. 2. 3, 4. School lands, Nos. 7, 8. TOWN. See Pre-emption, (incorporated limits,) No. 74 ; (residence,) No. 129. TOWN LOTS. (See Pre-emption, No. 152, ei seq. TOWN SITES. 1. Abandoned, — land may be taken up under donation act. Bear v. Luse, 6 Saw., C. C, 148. ,2. Entry of, by probate judge is in trust for occupants. Party in actual possession of a lot cannot be deprived of his right by award of the commissioners and deed by judge to an- other. Kathbone v. Sterling, 25 Kan. E., 444. 148 DIGEST OP DECISIONS. 3. Settler onj has a mortgageable interest ; and having afterwards procured the title, mortgage becomes valid. Eeasoner v. Markley, id., 635. See Mines, 4-e., Nos. 236, 237 ; (mill site,) No. 129; (patent,) Nos. 157, 158, 159. Pre-emption, Nos. 158, 159, IGO. Private land claims, (Oregon donations,) No. 83. TBANSMUTA TlOy. See Pre-emption, Nos. 161, 162; (declaratory statement,) No. 32. Public lands, (entry,) No. 157. TREATY OF GUADALUPE HIDALGO. See Mexican and Spanish grants, No. 7. TRESPASS. See Mines, 4'c., (possession,) No. 186. Pre-emption, No. 163. TRESPASSER. See Mines, ^c, (locator,) No. 108. Railroads, No. 73. TUNNEL. See Mines, fc, No. 238, et seq. ; (lode or ledge,) Nos. 120, 121 ; (Sntro,) No. 230, et seq. U. S. DISTRICT COURT. See Private land claims, (jurisdiction,) Nos. 39, 40. UNSURVEYED LANDS. See Pre-emption, (possession,) No. 96; (State selections,) No. 149. Public lands. No. 414. UTAH. See Mines, ^c., (mineral entry,) No. 135. Pre-emption, (settlement,) No. 143. VALENTINE SCRIP. See Pre-emption, No. 164. VARIANCE. See Public lands. No. 416. VIOLENCE. See Public lands, (forcible intrusion,) No. 183; (threats,) No. 359. WAIVER. See Mines, 4'c. , No. 241.^ Pre-emption, No. 165, et seq. Private land claims, (acceptance,) No. 1. DIGEST OF DECISIONS. 149 WATER BIGSTS. 1. For mining, &c., are rights belonging to real property, and can- not be lost by non-user alone, short of the period of limita- tion of actions for the recovery of real property. Dodge V. Marden, 7 Oregon E., 456. 2. May become extinguished by abandonment, — by an act showing an intention to surrender or forsake the right. Id, WIDOW. See Private land claims, (Oregon donations,) Nos. 53, 62, 79, 81, 82. Public lands, Tilo. in, et seq.; (homestead entries,) No. 219; (timber- culture entryman,) No. 383. WIFE. See Pre-emption, No. 171, et seq. Bailroads, No. 74. WILL. See Puhlio lands, No. 423. WITHDBAWAL. See Public lands, (settlement,) No. 346. Bailroads, No. 75, et seq. WOBK AND LABOn. See Mines, ^c, (abandonment,) No. 5 ; (mining claim,) No. 148. Public lands, (timber-culture entryman, ) No. 384. .f ' I > '■ u rf \, ^ ! &i„\* _ji„^...l„