~ )rcester tiippine,electio Irrrrc 3 ~l\Zi ~E~ ~lrm il WORCEISTER PHILIPPINE.. COLLECTION.~~ I - lA Worcester Philippine C:HT i. I I —,q Ak I / A4 CRCB( IUEAR FRZOM JUL GENERA 1 AND'OFFICE THlE MANNER OF PROCEEDING To OBTA.IN TITLE TO PUBLIC LANIDS UNDER THE HOMESTEAD, DESERT LAND, AND OTHER LAWS. Issued July ii, 89 WASHINGTON: GOVERNMENT PRINTING OFFICE. 1 89 9. CI IIr I It CIRCULAIR IN REFERENCE TO THE MANNER OF ACQUIRING TITLE TO TlHE PUBLIC LANDS. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, 11Washiigton, -). C., July 11, 1899. The public lands of the United States are included within the States of Alabama, Arkansas, California, Colorado, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Michigan. Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, \Washilngton, Wisconsin, and Wyoming, the Territories of Arizona, New Mexico, and Oklahoma, and the District of Alaska. In Ohio, Indiana, and Illinois only a few isolated tracts of public land remain. In these States and Territories, with the exception of the three last mentioned, there are landl districts with defined boundaries, in each of which a land office is established by law, where a register and receiver are in attendance, for tlhe sale or other disposal of the public lands embraced therein. For apploilltents, term, compensation, and general duties of these registers and receivers, see sections 2234 to 2247 of the Revised Statutes of the United States. (Appendix No. 1, pp. 144-146.) A land office, with an ex-oficio register and receiver, was established for the District of Alaska, unider the act of Congress of May 17, 1884 (23 Stat. L., 24; Appendix No. 26, p. 1S2), which provides for the disposal of the minerals therein; and sections 11,12, 1314, and 15 of the act of Congress approved March 3, 1891 (260 Stat. L., 1095; Appendix No. 44, p. 221), admit of entries therein for tow -site purposes and of lands used and occupied for the purposes of trade and business, but the agricultural lands in that district are not subject to survey or disposal under the general land laws. Additional legislation respecting Alaska lands is contained in the act of Congress of May 14, 1898 (30 Stat., 409; Appendix No. 77, p. 248). Districts have been established with land offices at Sitka, Peavy, Rampart City, and Circle. Any proper information regarding vacant public lands may be obtained by application at any of the land offices, a list of which will be found on page 270. PURCHASE AT PUBLIC SALE AND PRIVATE ENTRY. The sale of lands at public auction was, prior to March 3, 1891, provided for by law (Rev. Stat., sees. 2353, 2357, 2358, 2359, 2360, and 2455; Appendix No. 1, 158 and 161), but such sales were prohibited by sections 9 and 10 of the act of that date (26 Stat. L., 1095; Appendix 3 4 TITLE TO PUBLIC LANDS. No. 44, p. 221), save under the exceptions nloted ill said sections, which read as follows: SEc. 9. That hereafter nlo public lands of the ITnited States, except abandoned military or other reservations, isolated and disconnected fractional tracts authorized to be sold by section twenty-four hundred and fifty-five of the Revised Statutes, and mineral and other lands, the sale of which at public auction llas been authorized by acts of Congress of a special nature having local application, shall be sold at pullic sale. SEC. 10. That nothing in this act shall change, repe-l, or modify any agreellellts or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, and the proceeds thereof to be placed in the Treasury of the lUnited States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements, except as provided in section five of this act. The first section of the act of Congress of March 2, 1889 (25 Stat. L., 854; Appendix No. 32, p. 187), provides that from anld after its passage 4 ino public lands of the United States, except those in the State of Missouri, sliall be subject to private entry." This relates to the private sale or entry of "offered" lands under sectiols 2354 and 2357, United States Revised Statutes. No sale or location at private entry will be admissible under said first section, except in Missouri, in which State all public lands are subject to private sale by section 2 of the act of Congress approved May 18, 1898 (30 Stat., 418), but in making pullchase under that act the purchaser is reqliired to show the absence of any prior adverse settlement right. These provisions of said acts of 1889 and(l 1891, while forbidding the disposal at public auction or private sale of the mass of public lands under the general statutes that formerly provided therefor, do not necessarily prevent the disposal of lands under any act of Congress of a special nature having local application, in such manner as therein provided for, in reference to any specific lands or class of lands, although this may include thle disposal thereof at public auction or private sale, as, for example, coal lands at private entry under section 2347, Revised Statutes, circular July 31, 1882, 1 L. D., 687; Osage trust and diminished reserve lands at private entry, last sentence, section 3, act of May 28, 1880, 21 Stat. L., 143 - salt spring reserve lands, act of January 12, 1877, 19 Stat. L., 221. MINIMUM AND DOUBLE MINIMUM LANDS. No land shall be sold, either at public or private sale, for less than $1.25 per acre, which is therefore called the " minimum price," and lands held for sale at that price are called " minimum lands." (Rev. Stat., 2357; Appendix No. 1, p. 158.) The double minimum price established by law is $2.50 per acre, and lands held for sale at that price are called " double minimum lands." Alternate reserved sections within the limits of railroad grants are double minimum in price (sec. 2357, Rev. Stat.), except such as were put in market at the enhanced price prior to January 1, 1861, and were subject to entry June 15, 1880, all of which were reduced in price to $1.25 per acre by the third section of the act of Congress of June 15, 1880 (21 Stat. L., 237; Appendix No. 20, p. 178), and except those opposite those portions of railroads not completed on March 2, 1889, which were reduced in price by section 4 of the act of that date (25 Stat. L., 854; Appendix No. 32, p. 187), or where a different price is provided for in statutes for the disposal of lands under special conditions. Lands reduced in price under act of June 15, 1880, are not, however, subject to private entry at the reduced price until again offered at public sale (Eldred v. Sexton, 19 Wall., 189). TITLE TO PUBLIC LANDS. 5 PUBLIC SALE OF ISOLATED TRACTS. Any party desiring the sale of an isolated tract uinder the provisions of section 2455, Revised Statutes, as amende by the act of February 26, 1895 (28 Stat. L., 687; Appendix No. 63, p. 238), will be required to file in the district land office having jurisdiction over the tract an affidavit made by himself and duly corroborated by two witnesses, setting forth the character of the land; stating whether it is covered with timber or contains stone or any mineral, whether it is agricultural in character, for what purpose the land would be chiefly valuable, and why lie desires the same ordered into mIarket. It must also be shown that the tract is unoccupied by anyone having color of title thereto. No lands are subject to be ordered into market as aforesaid until the same shall have been subject to.homestead entry for a period of three years after the surrounding Ilands have been entered, filed upon, or sold by the Government. Care must be taken by the district land officers in reporting any such application for the Commissioner's favorable action thereon that their plats and otler records do not show the existence of any objection to the offering of such lands under said law. When instructions are received from thle General Land Office ordering such tract or tracts to be exposed at public sale, they will cause a notice to be published once a week for tlhe space of thirty days in a newspaper of general circulation in the vicinity of the land, using the forml given on page 299. The (lay of sale must be fixed so as to take place at least thirty days after the date of tlle first publicationl of the notice. Tlhe register will also make proper posting of notice. The sale must close immediately after offering the lands thus advertised; but should any of the lands thus offered not be l)urchased at the public sale, they will not subsequently be regarded as subject to ordinary private entry unless located within the State of Missouri, in view of the provisions of the first section of the act of March 2, 1889 (25 Stat. L., 854; Appendix No. 32, p. 187). The party desiring such offering to be miade must first make a deposit of sufficient money to pay the cost of publishing the notice and all other expenses of the sale, the deposit to be made with the receiver, who will notify the register thereof, that he may cause the notice to be published; but applicants are nlot to be deprived of the right to make their own contracts for the publication of notice, following rule 5, page 84, of this circular in reference to final-proof notices. Such action will, however, give the applicant no preference right over' others desirinlg to purchase the lalnd, as the same must be offered at public sale, and in case of competition must be disposed of to the highest bidder. A nonmineral affidavit (Form 4-01)2) must be furnished by thle purchaser. It will be observed that no more than 160 acres shall be sold to any one person at tlhe offering under said sectionl 2455, but this amount is not limited by the provisions of the acts of August 30, 1890, and March 3, 1891. (Charles H. Boyle, 20 L. D., 255.) Immediately after each sale thle district officers will transmit to the General Land Office a joint report showing the lands offered, indicating the sales, the numbers of the certificates, date of sale, and names of the purchasers. They will issue the cash papers the same as in ordinary cash entries, and report them in their current monthly returns, forwarding with said entries the affidavit of the publisher, showing the thirty days' publication, together with the register's certificate of posting. ~: i.. —. X:-,-::5-?.F:T,~7,: ----/77......_T_77 — 6 TITLE TO PUBLIC LANDS. MODE OF PROCEEDING IN MAKING CASH PURCHASES. A person desiring to purchase a portion of the public land for cash must present a written application to the register for the district in which the land described is situated, describing the tract and giving its area (see Form 4-001, p. 271). If the tract is vacant and subject to the entry applied for, the register will so certify to the receiver, stating the price, and the applicant must pay to the latter the amount of the purchase money. Thereupon the receiver will issue his receipt in duplicate to the purchaser for the money paid (Form 4-131, p. 271). The register will then issue his certificate of purchase (Form 4-189, p. 271). At the close of the month the register and receiver will make returns of the sale to the General Land Office, trom which, wheal the proceedings are found regular, a patent will be issue(l. CASH PURCHIASE4 BY TIMBEIR TR'ESPlASSEIRS. In addition to the foregoing in reference to purchase at public offering and )purchase or location at ordinary private entry, it is to be noted that the first section of the act of Coigress of June 15, 1880 (21 Stat. L., 237; Appendix No. 20, p. 178), having reference to cases of timber trespasses upon the public lands committed prior to March 1,1879, has been held to extend to such trespassers the privilege of paying for the land upon which the offenses were so committed, at the price per acre for which under the law in force at date of payment the lands could be sold. This privilege of purchase was held not to be confined to lands subject to private entry, but to extend to any lands not mineral subject to disposal under the general existing laws. But it is now held that the fact of trespass does not, under said act, give the trespasser the right to purchase lands otherwise excluded from sale. (Woodstock Iron Company, 6 L. 1)., 738.) The provisions referred to applly only to tracts trespassed upon prior to March 1, 1879, and it is thought that few, if any, tracts remain undisposed of to which they would ble applicable. From this fact and the operation of the act of tMarch 2, 188!), withdrawing public lands generally from p)rivate entry, these provisions froml the statute may be considered as no longer operative, unless in thle adjustment of claims heretofore initiated. WARRANT LO( ATIONS. Military bounty-land warrants may be located upon any vacant public lands of the United States that are subject to sale at private entry, and they may be used in payment of preemption claims or in commutation of homestead entries, even when the same embrace unoffered lands. But the only lands now subject to private entry under genei al statutes are in the State of Missouri. (See first section act of March 2, 1889, 25 Stat. L., 854.) A warrant issued to several parties or assigned to three or more persons (sec. 2414, Rev. Stat.; Appendix No. 1, p. 160) can not be located if assigned by one of the owners to another or to other persons, so as to invest any one of the parties with a greater interest than any other. In other words, each owner of a warrant, at the time of its location, must have an equal share or interest therein. A warrant may be located either at a district land office or through the agency of this office (sec. 2437, Rev. Stat.; Appendix No. 1, p. 160). TITLE TO PUBLIC LANDS. 7 If located at a district office, it must be accompanied by a tender of the fees to which the register and receiver are entitled and by a written application to locate, containing a description of the tracts desired, and signed by the locator or his attorney in fact. If by the latter, his authority to act must be evidenced by a power of attorney, which must be prepared inl accordance with the prescribed form and indorsed, if practicable, uponl the warrant. If the location is made through this office, the warrant must be sent to the Commnissioner with a request that the same be located in a specified land district, atid accolmpanied by a receipt from the register anll receiver for the fees to which they may be severally entitled under section 2238, Revised Statutes. Each warrant is reqluired to be distinctly and separately located upon a coimpact body of lald; land if the area of the tract claimed should exceed the number of acres called for in the warrant tlhe locator must pay for the excess in cash; but if it should fall short, he must take the tract in full satisftctiou for his warrant. A person can not enter a body of land witl a number of warrallts without specifying the particular tract or tracts to which each shall be applied; and for each warrant there niust be a distinct location certificate and patent. (Sec. 2415, Rev. Stat.; Appendix No. 1, p. 160.) Where tlie desired tract is subject to eltry at a greater minimum than $1.25 per acre, tile locator, in additiol to the surrendered warrant, must pay ill cash the difference between the value of such warrant at $1.25 per acre and that of the said lanld, or present a warrant of such denomination as will, at its legal value of $1.25 per acre, cover the rated price of tlhe tract, and pay the excess in value of the land, if any, in casli. For exanplle: A tract of 40 acres of land held at $2.50 per acre may be entered by the location of a warrant calling for 40 acres and tlhe payment of $50 in cash; or by locating thereon a warrant for 80 acres, the 40 acres embraced in the entry being received in full satisfaction of the samie; or a tract containing 80 acres rated at $2.50 per acre may be entered by the location of tlco 80-acre warrants, or of one for 160 acres, and so on. It will be required, however, in the entry of a tract held at a greater minimum than $1.25 per acre, by the location of two or more warrants, that each warralt shall be located upon a specific legat subdirision thereoJf which legal subdivision shall be received in full satisfaction of the warrant surrendered therefor; and that the excess in value of the lands, if any there be, shall in each case be paid in cash. Hence a tract containing 40 acres or less of double minimum land can not be entered by the location of two 40-acre warrants. A preemptor of lands held at $1.25 per acre may enter the tract embraced in his claim by the location of one, two, or more warrants; but each warrant must be applied to a specific subdivision thereof-that is, a warrant for 40 acres must be located upon a described subdivision containing as nearly as possible 40 acres of land; a warrant for 80 acres upon a tract embracing 8C acres, and so on. Where the preemption claim is composed of land subject to entry at a greater minimum than $1.25 per acre, the rules set forth in the preceding section will apply. (Sec. 2277, Rev. Stat.; Appendix No. 1, p. 151.) When a subdivision is fractional a warrant approximating nearest the number of acres embraced therein may be located thereon, but the fractional excess inl area must be paid for with cash, and will be conveyed in the same patent with the lands covered by the location of the warrant; a legal subdivision, however, other than those entered by the location of the warrant will not be regarded as a legitimate fractional excess 8 TITLE TO PUBISIC LANDS. over such location, but will be required to constitute a separate entry. Thus a person will not be permitted to make one entry of a quarter section of land by the location of a warrant for 120 acres and a cash payment for the remaining subdivision. Registers and receivers of the local land offices are entitled to the following fees for their services in locating warrants, and the several amounts mentioned must be paid at the time of location: Each to the register Total. all( receiver. For a 40-acre warrant......................................................... $0.50 $1. 00 For a 60-acro warrant..- -....-....................... ----...-...75 1. 50 For an 80-acre warrant......................................-....... 0 2. 00 For a 120-acre warrant.................-..-.......... ---..................... 1. 50 3. 00 For a 160-acre warrant....................................................... 2. 00 4. 00 (Bounty warrants were not issued to soldiers and sailors for military service in the late civil war. The only privileges granted tlem in connection with the public lands will be found set forth hereafter lnder the head "Homesteads." The bounties for nlilitary service in this war were not given in land but in money.) PRIVATE LANI) SCRIP LOCATION. Scrip issued in satisfaction of l)ivate land claims under decrees of the United States Supreme Court, pursuant to acts of Congress of June 22, 18(60 (12 Stat. L., 85), March 2, 1867 (14 Stat. L., 544), and June 10, 1872 (17 Stat. L., 378), and scr(ip issued under the act of June 2, 1858 (11 Stat. L., 294), may be located on lands subject to sale at private entry or in lpayment of preemnltion claims and1 in commlutation of homlestead claims, in the same manner as military bounty-land warrants. (See act (,f January 28, 1879, 20 Stat. L., 274; Appendix No. 9, p. 169.) ADDITIONAL METIIOI)S FOR USING MIITARY BOUNTY LAND WARRANTS, AND SCRILP ISSUED UNDlEl ACT OF.JUNE 2, 1858. The act of December 13, 1894 (28 Stat. L., 594; Appendix No. 58, p. 236), "in addition to thle benefits now given thereto by law," provides that military bounty land warrants and scrij) issued under section 3'of the act approved June 2, 185S, may be located in certain other classes therein specified, viz: In tie payment, or part payment, for any lands entered under the desert-land law of March 3, 1877, and the amendments thereto; in payment, or part paymelt, for lands emteredl uinder the timber-culture law of March 3, 1873, and the amendmlents thereto; iln payment, or part payment, for lands eiiter-ed under tile timber and stoine law of Jule 3, 1878, and the amendments thereto; and inl payment, or part p)ayInmet, for lands sold at public auction, except such lands as shall Iiave been purchased from any Indian tribe within ten years last past. This act does not change existing law or regulations as to the location of such warrants or scrip upon lands subject to slle at private entry, or in payment for preemptionl claims or comnmutation of homestead entries. In reference to tlhe four classes of enltries specified in the act of December 13, 1894, one or more warrants or certificates of location are receivable in payment, or part payment, for a tract of land entered TITLE TO PUBLI,( LANDS. 9 under either of the laws designated, at the rate of.$1.25 per acre upon thile expressed value of the warrants or certificates of loc(ation. If the amount of money due onil such entry exceeds the face value of the warrant or certificate of location at the rate of $1.25 per acre, the entryman must pay for the excess in cash, but if the face value of the warrant or certificate of location exceeds the amount (lue on such entry, the claimant must take tlhe tract in full satisfactioin of said warrant or certificate of location. In initiating an entry under the desert-land laaws payment may be made ill money to the amount of 25 cents per acre, as required by previously existing law, or, if p)refe rred, warraiits or scrip may be tendered as playment, and if thle tile value of suclh warrantt or scrip exceeds the an;ount of money due in initiating said entry, credit may be given for aly balance, to be applied to final payment when fiilal proof has beenl made. Where such warrants or scrip are tendered as payment by other than the )party to whoim issued, oevidence will be required that the entrylnan is the heir or legatee of the party to wllom issued, or evidence that said warrant or certificate of location has been duly assigned in accordance with circulars of July 20, 1875, and February 13, 1879. No fees are required to be paid where warrants or certificates of loca. tion are used under this act, the same lbeing reglrdled aLs the equivalent for money to the extent of their value at the rate of $1.25 per acre, and the local officers will receive from thle United States Treasury their commissions uplon tile surrender thereof; as in tile case of entries lnade witlh actulal cash. Whell located each warrallt ()r certificate of lwcation must be relinquishedl by the legal o(wner thereof after thle following forml, viz: I (or we) (do hereby relinlilIish to the lUnited Stattes tlhe within military bounlty land warrant or certificate of location inl payment (or in hlIrt payment, as the (l:seo imay be) of the (here descrilbe the tract), located in thile nai of, at the lalnd office at -, this - day of, 18-. (Sirgned) A. B. [SEAL.] W itlles ses: C. 1). E. F. It Imay aalso be added that, under said act, no warrant or certificate of' location cani be used in p)aymuelnt for aIly lands which have been purchased fronll any Indian tribe w\itlil tell years last l)ast, neither can they be used in payment for ]ands celeded to the United States by any Indian tribe whiere such lands are to be disposed of for the benefit of such Indian trilbe. A(IRIC:1LTIltRAL (10LLEGE SCRIP LO(C'ATIONS. Agricultural college scrip issued under tile acts of July 2, 1862 (12 Stat. L., 503), and Marchl 3, 1883 (22 Stat. L., 484), may be usedFirst. In thle location of land at ")privatc entry; " but when so used is applicable only to lands not minleral whlich may be subject to private entry, at $1.2, l)per acre, alld is restricted to a technical "quarter section"'-that is, lland embraced by the qularter-section lines indicated on the olficial plats of survey; or it may be located on a part of a "qnuarter section," where such;part is taken as in full for a quarter; but it can not be applied to dlif'erent subdivisiolls to mike anL area equivalent to a quarter section. (Sec. 2, act July 2, 1862, 12 Sttt. L., 503.) The manner of proceeding to acquire title with this class of panper is the same as in cash and warranlt cases, the fees to be paid being the same as on warrants. The location of this scrip at private entry is restricted to three 10 TITLE TO IUBLIC LANDS. sectiols il each township of land,:lid 1,000,000 acres ill any one State. (15 Stat. L., 227.) Under the first section of the act of March 2, 1889 (25 Stat. L., 854, Appendix No. 32, p. 187), there is no land now subject to private entry, under general statutes, except in the State of Missouri. Second. In payment of preemption claims and in commutation of homestead entries. (Sec. 2278, Rev. Stat.; Appendix No. 1, p. 151.) W lien so used it can be located on mininmum or double minimum lands, and there is no limitation of the quantity that may be located in a towiiship or State. When located in payment of preemption claims and in commutation of homestead entries on double minimum lands, the excess price must be paid or a double quantity of the scrip surrendered. (Secs. 2277, 2278, Rev. Stat.; Appendix No. 1, p. 151.) When the land located is rated at $1.25 per acre, and the area does not exceed the area specified in the scrip, it must be taken in full satisfaction thereof. (Secs. 2277, 2278, Rev. Stat.; Appendix No. 1, p. 151.) PREEMPTION LAWS IEPEALEI) BY ACT ()F MARCH 3, 1891. The fourth section of the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 44, p. 221), repeals generally all the laws allowing preemlption of the public lands by individuals, but )rovides for perfecting claims previously initiated; therefore no filings or entries will be allowed under the p)reenptioll laws except whenl necessary to perfect claims initiated prior to the approval of the repealing act, or claims to Indian lands covered by its tenth section. For necessary ilformatiol relative to the adjustment of such claims reference is made to the laws and regulations as given in Appendix No. 1, page 146, and Aplpendix No. 84, page 260. EXTENSION OF TIME OF PAYMENT. By joint resolution of Congress of September 3), 1890 (26 Stat. L., 684), it was enactedThat whenever it shall appear by the filing of such evidence in the offices of any register and receiver as shall )be prescribed by the Secretary of the Interior that any settler on the public lands, by reason of a failure of crops for which he is in no wise responsible, is unable to make the payment on his homestead or preemption claim required by law, the Commissioner of the General Land Office is hereby authorized to extend the time for such payment for not exceeding one year from the date when the same becomes due. By the second section of the act of July 26, 1894 (28 Stat. L., 123), it was providedThat the tinm of mnaking final payments on entries under the preemption act is hereby extended for one year from the date wlhen the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior. 1. Any party applying for the extension of time authorized by said resolution or act will be required to submit to thle register and receiver of the proper district land office testimony, to consist of his own affidavit, corroborated, so far as possible, executed before the register or receiver, or somne officer authorized under the acts of May 26, 1890, and March 2, 1895, to administer the oaths required in homestead entries within the county where the land is situated, setting forth in detail the facts relating to the failure of crops, or other causes on whiclh he relies to support his application, and that he is unable for such reasons to make the payment required by law. (11 L. D., 417.) TITLE TO PUBLIC LANDS. 11 The register and receiver will not accept any application for extension under said resolution until the party shall have in due course submitted final proof on his claim and the same shall have been found satisfactory by them; and should any such application be made prior to the submission of the proof and their favorable finding thereon, they will reject the application, so advise the applicant, and informl him that he acquired no right thereby under said joint resolution. 2. After application received in accordance with the foregoing rule, the register and receiver will note upon their records in pencil that the same has been filed, and transmit it, together with the testimony filed in support thereof, and tlhe final proof submitted and found satisfactory by them, as above, accomplanied by their report, and await further instructions. 3. Tlhereafter they will allow no filing or entry for tle land covered by the claim sought to be perfected until decision of this office on the pending application. 4. Tlhe register and receiver will be careful to distinguish between an application under said joint resolution for an extension of time for payment and all application for leave of abseice under the act of March 2, 1889 (25 Stat. L., 854). Applications under these inlstructions will be Imade special. (See case of Parker v. Brown, 20 L. ])., 323.) Additional extensions of time to make payment hlave been plrovided as follows: Act of February 26, 1S96 (29 Stat. L., 16), extending for one year the timle for making proof and payment for all land(s located under the homestead laws in any former Indian reservation in South l)akota. Act of June 10, 1896 (29 Stat. L., 342), granting to homestead settlers oit all ceded Indian reservations an extension of one year to make payment. Act of June 7, 1897 (:,0 Stat. L., 87), granlting a further extension of one year to make payment to settlers on all ceded Indian reservations. Act of July 1, 1898 (30 Stat. L., 595), extelldillg the time to make payment until July 1, 1900, to settlers on all ceded Indian reservations. HOMESTEADS. The homestead laws secure to qualified persons the riglt to settle upon, enter, and acquire title to not exceeding one quarter section, or 160 acres, of public land, by establishing and maintaining residence thereon and improving and cultivating the land for tle continuous period of five years. A homestead entryman must be tlhe head of a family, or a person who has arrived at the age of 21 years, and a citizen of the Unlited States, or one who has filed his declaration of intention to become such, as required by the naturalization laws, to which section 5 of the act of March 3,1891 (26 Stat. I1., 1095; Appendix No. 44, p. 221), attaches the condition that he must not be the proprietor of more than 160 acres of land in any State or Territory. Applicants to make homestead entries were restricted by section 2289, Revised Statutes, to " unappropriated public lands upon which such person may have filed a preemption claim, or which may, at the time the application is made, be subject to preemption," but the act of March 3, 1891, which repealed the preemption laws, so amended said section 2289 as to describe the class of lands subject to homestead entry simply as '" unappropriated public lands." The homestead law originally reuired the applicant in all cases to 12 TITLE TO PUBLIC LANDS. appear personally at the district land office and present his application (Form No. 4-007, p. 274), and to make the required affidavits before the register or receiver. This requirement was modified by the provisions of section 2294, Revised Statutes, and a further clange was made by the amendment of said section by the act of May 26, 1890 (26 Stat. L., 121; Appendix No. 38, p. 213). The said act modified the requirements of previous general laws by allowing parties who are prevented "by reason of distance, bodily infirmity, or other good cause, from persolal attendance at the district land office" to make the preliminary affidavits for homestead entries within the county or parish before any commissioner of the United States circuit court having jurisdiction over the county or parish in which the land desired is situated, or before tlhe judge or clerk of any court of record of such county or parish, and to transmit the same, with their applications and the proper fees and commissions, to the register and receiver of the district land office, tlus permitting entries to be effected without personal attendance at the district office by any parties availing themselves of its provisions. The act of March 2, 1895 (28 Stat. L., 744; Appendix No. 64, p. 239), provides for additional officers in the Territories, to be known as United States court commissioners, before whom the preliminary affidavits in homestead entries may be made inL like manner as provided in the act of May 26, 1890. The office of United States circuit court commissioner ceased to exist June 30, 1897, under act of Congress of May 28, 1896 (29 Stat., 184, Appendix No. 70, p. 242), which provided for the appointment of United States commissioners by tlhe district court of each judicial district, to have tlhe same powers and perform the same duties as the commissioners of tlhe circuit courts whose office was abolished. Applicants availing themselves of tlhe privileges of the said acts will be required to transmit with their applications an affidavit setting out specifically why they can not appear at the district office in person to make their preliminary homestead affidavits. A person in active service in. tlle Armly or Navy of the United States, whose family or some member thereof is residing on tlle land which he wishes to enter, and upon which bona fide settlement and improvement have been made, miay by special enactment make thle affidavit required by law before the officer commanding in tlhe branch of service ill which the applicant is engaged. (Sec. 2293, Rev. Stat.; Appendix No. 1, p. 154.) A false oath taken before a clerk of a court under section 2294, Revised Statutes, or the proper oflicer under section 2293, or under the said acts of May 26, 1890, March 2, 1895, alnd May 28, 1896, is pe1rjury, the same as if taken before the register or tile receiver. Where a wife has beeni divorced from her husband or deserted, so that slie is dependent upon her own resources for support, she can make homestead entry as the head of a family or as a feimune sole. A single woman wllo makes ta homestead entry and marries before making proof does not by her marriage forfeit her right to make proof and receive patent for the land, provided she does inot abandon her residence on the land to reside elsewhere. Where two parties, however, unite in marriage, each having an unperfected homestead entry, both entries can not be carried to patent. A residence elsewhere than on the land entered for more than six months at any one time is to be treated as an abandonment of tlle homestead entry under section 2297, Revised Statutes. (Appendix No. 1, 1). 155.) TITLE TO PUBLI(C LANDS. 13 APPLICATION FOR A HOMESTEAD). To obtainl a hlomestead the party should select anld personally examine the land and be satisfied of its clharacter and true description. ile Ilust file all appllication, stating his rnanie(, resideince, and postoffice address and describillg the land lie desires to enter (lForm 4-007, p. 274), and mLake a.lfidavit (Forln 4-063, p. 275) that lie is not the proprietor of nmore thlai 160 acres of land in alIy State or Territory; that he is a citizenl of tlhe Uiited States, or tlat he has filed his declaration of illtentionl to lecoiiie such, and that lie is the head of a family, or over 21 years of' age, as tl e ase ay be; that hlis appllicatiol is honestly and in good faitl Inade, t'(r thle purpose of actual settlement tanld cultivatioll, aud lnot foir thle bellefit of iany other person, persons, or corpIoration, and that lie will faithfully and honestly endeavor to comply with all the relquiremeiiets (of law as to settleiien'it, residence, and cultiva tionll necessary to ac(llire to title to the lland liel fin; that he is iiot acting as aIgenlt of aly leison, corploration, or sylllicate inl Imking such entry nor ill collusion wnith alny person, coloralortiol or synd(icate to give thleni tile leltefit of the latd(l entered, or aly ])art thereof, or the timllber thereon; tlhat lie d(oes not applly to enter the sante for the purl)pose of speculation, but il good faitll to obtaill homle for himilself, and that lie has not directly or iiidirectly ina(le, atndl will not make, atiy agreemneint or contract in any wa:y or Liianner, iwitlh any personl or persomns, corporation, or syndicate whatsoever, 1)y which the title which lie might acquire firom thle Governinent of the Illuited Stattes shlould iinure in whole or in lpart to the benlefit of anry lpersonl except himself; and, further, that since Aulgust 80, 1890, lie lhas not eiitere(l under the land laws of the United States, or filed ulpoi, a quantity ot' land agricultural in charactel, uand iot miineral, which, witll the tracts low ap:,)lied for, would make more thall 320 acres, and that lie lhas not theretofore hlad the benefit of the hloestead laws, and lllmst pay the e legl fee and that part of the coimmissionis wllicll is l)ayable when eiitry is Inade. On comlnllianlce by the party with thle foregoing requirements, the receiver will issue his receiplt for the fee andl that I)art of tile comlimissions paid (Form 4-137, p. 275), a duplicate of which he will deliver to the l)arty. The matter will thetn be emitere(l on the records of the district office and reported to the General Land Office. JIOI1ESTEAD) SETTLERS ON UNSITRVEYEI) LANDS. A homestead settler on unsurveyed lpublic land not yet open to entry must make entry within three mnouths after the filing of the town:ship plat of survey in the district land( office. (Act AMay 14, 1880, 21 Stat. L., 140; Appenlix No. 15, p. 174.) SIMULTANEOUS A1PPLICATIONS. In cases of simultaneous applications to enter tile same tract of land under the homestead laws, the rule is as follows: First. Where neither party has improvements on the land the right of entry should be awarded to the highest bidder. Second. Where omne lhas actual settlement anid improvement and the other has not, it should be.award(ed to the actual settler. Third. Where both allege settlemelt and improvemellts, al inlvestigation muust be had and tile right of eltry awarded to tile one who shows prior actual settlement and substantial improvements, so as to .14 TITLE TO PUBLIC LANDS. be notice on the ground to any competitor. (Relport of General Land Office for 1866, p. 19; also case of Helfrich r. King, 3 Copp's L. O., p. 164.) RESIDENCE OF APPLICANT MUST BE STATED. The applicant must, in every case, state in his application his place of actual residence and his post-office address, in order that notices of proceedings relative to his entry may be sent himl. The register and receiver will note the post-office address on their tract books. (See pules of Practice No. 14 and No. 17, as amended May 26, 1898.) INCEPTIVE RIGHTS OF IIOMESTEAD) SETTLERS. An inceptive right is vested in the settler by the proceedings hereinbefore described. lie must, within six months after making his entry, establish his actual residence in a house upon tlhe land, and must reside upon and cultivate the land continuously in acc(ordance with law for the term of five years. Occasional visits to tlhe land once in six months or oftener do not constitute residence. Tlhe homestead party must actually inhabit the land and make it tlhe home of himself and family, as well as improve and cultivate it. At tlhe expiration of five years, or within two years thereafter, or, in case of entries existing at the date of thle act of July 26,1894 (28 Stat. L., 123; Appendix No. 49, p. 230), witlin tllree years tliereafter, he may make proof of his compliance with law by residence, improvement, and cultivation for the full period required, aml( must show tlat the land has not been alienated excel)t as provided in section 2288, Revised Statutes (sec. 2291, Rev Stat.; Appendix No. 1, p. 154), as amended by section 3 of the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 44, p. 221). The period of continuous residence and cultivation beginls to run at the date of actual settlement, in case the entry at the district land office is made withlin the prescribed period (tlree months) thereafter, or before the intervention of a valid adverse claim. If the settlement is on unsurveyed ]and tlhe latter period runs from tlhe filing of plat in the district land office. (Act May 14, 1880,21 Stat., 140; Appendix No. 15, p. 174. See circular of October 21, 1885, 41 L. 1)., 202.) CULTIVATION IN (GIAZING DISTRICTS. In grazing districts, stock raisings a:Ld dairy l)roduction are so nearly akin to agricultural pursuits as to jiustify the issue of patelt 111)n )roof of permanent settlement and tlhe use of the land for such purposes. FINAL '1RO() 1. A settler desiring to make final plroof must file with the register of the proper land office a written notice, in the prescribed form, of his intention to do so, which notice will be published by the register in a newspaper, to be by him designated as nearest tlhe land, once a week for five successive weeks, at the alpplicant's expense. Applicants should begin to make their proofs in sufficient time to complete and file them in tlhe local office within the statutory period of seven (or eight) years from (late of entry. (See pp. 14 and 34.) The final affidavits and proof may be made before the register or receiver or before any United States commissioner appointed under TITLE TO PUBLIC LANDS. 15 section 19 of the act of May 28, 1896 (29 Stat., 184; Appendix, No. 70, p. 242), for the judicial district embracing the county or parish in which the lands are situated, or before the judge or clerk (not necessarily the clerk in the absence of the judge) of any court of record of the county or parish in which the lands are situated (act May 26, 1890, 26 Stat. L., 121; Appendix, No. 38, p. 213), or before any United States court commissioner appointed under the provisions of the act of March 2, 1895 (28 Stat. L., 744; Appendix, No. 64, p. 23)); but the proof can not be made outside of the county, unless before the register or receiver, or unless the lands are situated in an unorganized county, when the proof may be made in an adjacent county, as held in Secretary's decision of October 2, 1890, in case of Edward Bowker, 11 L. D., 361. Proofs can only be made by the homestead claimant in person, and can not be made by all agent, attorney, assignee, or other person, except that in case of the death of tlhe entryman proof can be made by the statutory successor to thle homestead right, in the manner provided by law. HIEIRS OF A IOM[E'ST1EADI SETTLER. Where a hlomesteiad settler (lies before tile consummation of his claim, tlie widow or, in case of lher deatll, the lheirs may continue settlement or cultivation, and obtain title upon requisite proof at tlle proper time. If the widow proves up, title lpasses to her; if she (lies before proving up and( tlie heirs mlake the proof, the title will vest in then. (Sec. 2291, Rev. Stat.; Appendix No. 1, 154.) Whiere both parents (lie, leaving infant children, the homestead may be sold for caslh for tlhe benefit of such cllildren, and the purclaser will receive title from the United States, or residence or cultivation may continue for tlhe prescribedl period, when tlhe 1)atent will issue to the children. (Sec. 2292, Rev. Stat.; Appendix No. 1, 154.) Upon the death of a homsteader who leaves no widow, but both adult and minor heirs, tlhe riglht to perfect entry passes alike to all the heirs. See Bernier v. Bernier (147 U. S., 242). A homestead right can not be devised away fr:om:a widow or minor children. In case of the death of a person after having entered a homestead, the failure of tile widow, children, or devisee of the deceased to take up residence on the land within six months aIfter the entry, or otherwise to fulfill the demands of the letter of tlhe law as to residence, will not necessarily subject the entry to forfeiture on the ground of abandonment. If tlhe land is cultivated in good faitl tlhe law will be considered as having been substantially complied witl. (Tauer v. The Heirs of Walter A. Mann, 4 L. ])., 433.) IOMESTEAD CLAIMANTS WVH( BECOME INSANE. The rights of a homestead claimant who lias become insane may, under act of June 8, 1880, be proved up and his claim perfected by any person duly authorized to act for him (luring his disability. (21 Stat. L., 166; Appendix No. 18, p. 177.) Such claim must have been initiated in full compliance with law, by a person who was a citizen or bad declared his intention of becoming a citizen, and was in other respects duly qualified. The party for whose benefit the act shall be invoked must have become insane subsequently to the initiation of his claim. 16 TITLE TO PUBLIC LANDS. Claimant must have comnllied witI the law up to the time of becoming insane; and proof of compliance will be required to cover only the period prior to such insanity; but the act will not be construed to cure a failure to comply with the law when the failure occurred prior to such insanity. The final proof imust be nmade by a Iparty whose authority to act for the insane person during his dista)ility shall be duly certified under seal of the proper probate court. CONVERSIO()N ()1' PREEMPTION INTO HO()MESTEAD) CLAIMS. A persoll who lhas lad(le settleiimeiit on a tract and11 flil(le his pt'ee11ption declaratioll therefoi, may change his filing into;a homestead if' lie coltinues in good faith to com(ilply witlh tile preemption laws until tle change is effected; and tile time (luring whic lie hlas resided p1)on and claimed the land as: lpreemlptor will be credited upon the leriod of residence and cultivatiol re'llired ul(ler the homeste;l( l;lws. (Acts of March 3, 1877, 19 Stat. L., 404, May 27 and June 1-, 1878, 2() Stat. L., 63 and 113; Appendix No. 7, p. 167.) li hlis first homestead affidavit lie must set forth the fact of a previous plieemption filing, tlhe tilie of actual residence thereundler, and tlme intention to claim tile )enefit of such time, as provide(l for in tlhe act. In mnaking lfinal 1)roof o1 lhis lhomlestead entry lie is required, in alldition to tlhe usual aflidavit and l)roof, to make tlie lpres(cribed "ll )eemil)tiol homestead( aflidavit." (Forin 4-071, p. 281.) LEAVES OF ABSENCE. There are three laws l)roviding for leaves of absence iin certain cases, that of March 2, 1889 (25 Stat. L., 854,; Appenldix No. 32, p. 187), which provides generally for cases of destructiomn or failure of crops, sickness, or other unavoidable casualty rendering thle settler uniable to support himself or persons dependent on hlim upon the land; tliat of July 1,1879 (21 Stat. L., 48; Appendix No. 14, p. 173), providing for the special ease of the devastation of' grasshoppers; and that of January 19, 1895 (28 Stat. L., 634; Appendix No. 60, p. 236), providing for tlhe relief of ihomnestead settlers who suffered from the forest fires which )revailed in northern Wisconsin, Minnesota, and Michigan during the summer and autumni of 1894. The third section of the first act provides for permission to be granted in certain cases by the register and receiver of the proper district land office for parties claiming public land as settlers under existing laws to leave and be absent from the land settled upon for a specified l)eriod, miot to exceed one year at any one time. The applicant for such permission will be required to submit testimony to consist of his own affidavit, corroborated by the affidavits of disinterested witnesses, executed before the register or receivei or some officer in the land district using a seal and authorized to administer oaths, setting forth in detail the facts on which he relies to support his application, a(nd whiclh nist be sufficient to satisfy the register and receiver, who are enjoined to exercise their best and most careful judgment in tlhe matter, that lie is unable by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty to secure a support for himself or those dependent upon him uponI the land settled upon. I t case a leave of absence is granted the register and receiver will enter such action on their records, indicating the period for which granted, and promptly report the fact to this office, transmitting the testimony on which their TITLE To J1'TBALIC LAND)S. 17 actionl is based. In case of refusal the applicant will be allowedl the riglht of appeal on the usual coIditions. The facts to be sllowt embrac(e the following, viz: 1. The character and date of the enitry, date of establishilng residence upon the land, and what improvements have been made thereon by the applicant. 2. fow much of the land has been cultivated by the applicant, and for what period of time. 3. In case of fhilure or injury to crop, what crops have failed or beent iljured or destroyed, to wvhat extent, and the cause thereof. 4. In case of sickness, what disease or illjury, aCnd to what exteint clatimant is prevented thereby from cointinuinig upon the land; alld, if lracticable, a certificate froim a reliable physician should be furnished. 5. Int case of "other unnavoi(lable casualtry," the chlaracter, cause, an(l extenlt of such casualty;.and its effect upon thle land or the claimant. 6. In each case fuill p)articulars uploll which intelligent action nmay be based by the register alid receiver. 7. The dates from which andi to which leave of absence is asked. The foregoilg is not to be understood as imposing restrictions upon settlers over and above what thle statute colltains, or to modify the conditiolls therein plrescribed for tile enjoyment of the righlt, but Imerely to indicate what facts should be set forth in tile required affidavits, leaviig with tile registers andl receivers of the several (listrict offices the lilty of makig:ppllicationi of the law to the plarticular cases presenited, subject, of course, to the supervisory authority of tile Departillent. Tile act of 17!)9, withl reference to devastatiomis of grasshoppers, has ceased( to bear the importancee it originlally posessese, no ser'ious grassholpper incursiols lhaving occurred of late. The following are the official instructions tllereunder: The first sectionl of said( act pl)rvil es tlat homiestead andl 1)reeinptioll setttlers onl l)llilic lainds wlhere crops lave been (lestroyed or seriously il.jure(l Iy grlassllolpers m1n11y leave and ble absellt from sai(l lands for a l)eriodl not to exceed oie yeatlr coliitiolltyilsl-, ulder such rules alnd regulatiolis as tlhe Commllissionler of thle Geleral Ilad Oflice shall prescribe, being allowe(l afterwirards to resume and l)erfect their settlement as thoulh olo siucl absenice hadl occurred. Tile secomll sectionl providees that tilc tiime for makinlg final p1roof and p)ayient by l)reemilptors whose crops hl;ad been destroyed or i.llured as afbresid mllay, at the discretioi of, tile Coinmissiolner, 1e extenlded( for one year. (21 Stat. L., 48; Apl)endix No. 14, 1. 173.) A settler desiring to take ad(valltage of tile provisiolis of this act should file with tile register fand receiver a writtell lotice oft iltenlded absence, bearing his ow\1 signlattire, anld embracimlg a statemient tlat lie had suistalied loss or failure of his crops. This should be noted oil tile tract books for the l)rotectiomi of the claimalit anld tile iniformatiomi of p)arties who might otherwise makIie settleleInt a1( atteimpt to ol)tail title. Preemption settlers desirilng the extension of tilne providle(l for in the seconed sectionl of the act slould apply tllherefor through the same officers, the application to be sul)porte(l by thle sanie cliaracter of proof, whicll slhould be made bef(re thle register or receeiver of tlhe district land otfice, or before anly officer using a seal and autllorized to administer oaths. Upon making final proof the settler havinlg been absent undler the first sectioin silould file his affidavit, with the affidavits of two or more witnesses, corroborative thereof, stating the particulars of the alleged destruction or serious injury of crops by grasshoppers. 3073 2 18 TITLE TO PUBLIC LANDS. The particulars given should be such as to admit of a decision whether the absence was justified by law or not, and should specifically show at what time the party left the land and when he resumed his settlement. The affidavits required in cases arising under this section of the act must be made at the same time and place and before the same officer taking the other proofs. The first section of the act of January 19,1895, provides for an extension of time of two years within which to make final proof, and excuses temporary absence for any period within two years from the date of the act in all cases where any homestead settler, in the respective districts, was compelled to leave the land settled upon by him because of the prevailing forest fires of the summer and autumn of 1894, and by reason of the destruction of buildings or other property by such fires. The same relief is extended to the heirs of any settler who perished by such fires. Any settler desiring to receive the benefit of these provisions will be required to file in the district land office having jurisdiction over the land embraced in his or her claill an affidavit corroborated by two parties setting forth the number of the entry, if one has been made, and the description of the land; the date of settlement upon the land; the amount and character of the improvements placed thereon; the character and extent of the damage to the settler's property caused by the fire; tlhe date when tle same occurred; whether or not the party was thereby obliged to leave the claim, and such other facts as may be relied upon as bringing the party within the scope of the act. Where a homestead settler perished by such fires, the heirs (i. e., the successors to the right under the homestead law, if they desire to receive the benefit of the provisions of said section), or one of them, will be required to furnish evidence consisting of the affidavit of the respective claimants, or, if a minor, of his or her guardian, corroborated by two witinesses, setting forth the number of the entry, if one has been made, and the description of the land; the (late of the settlement under which they claim; the character and value of the improvements, and the circumstances attending the death of the settler. The affidavits of the claimant and his corroborating witnesses may be made before any officer authorized to administer oaths using a seal. Upon receipt of the required affidavits, the district land officers will forward the same to the General Land Office with their joint recommnendation in regard to the case. Should the evidence be found satisfactory they will be so advised, whereupon they will make suchll notes upon their records for their future guidance as will indicate that the parties are entitled to the benefits of the provisions of the first section of the act, and in these cases they will not issue the usual notice of the expiration of time within which to make proof until ten years from the date of the entry, and no contest for abandonment or noncompliance with the law will be allowed against any of the entries until after the expiration of two years from the date of the act. Entrymen temporarily absent for any time within two years from the date of the act will not be required to show any additional period of residence when they make final proof, because of such absence, as the act explicitly directs that such absence shall be deemed constructive residence. Parties coming under the act whose claims rest upon settlement alone are not relieved from the necessity of making their original homestead entries as heretofore required by the law and regulations in order to protect their settlement rights. TITLE TO PUBLIC LANDS. 19 CLIMATIC HINDRANCES. The proviso annexed to section 2297, Revised Statutes, by amendatory act of March 3, 1881 (21 Stat. L., 511; Appendix No. 23, p. 181, which applies only to homestead settlers, provides tlat in case such settler has been prevented by climatic reasons from establishing actual residence upon his homsttead witllin six moonths from date of entry, the Commissioner of the General Land Office may, in his discretion, allow him twelve months from that date in whichl to comllence his residence. In such case the settler must, on final proof, file with the register and receiver his affidavit, duly corroborated by two credible witnesses, setting forth in detail the storms, floods, blockades by snow or ice, or other hindrances dependent upon climatic causes which rendered it impossible for him to commence residence within six lmoths. A claimant can not be allowed twelve months from entry when it can be shown that he might have established his residence on the land at an earlier day; and a failure to exercise proper diligelnce iln so doing as soon as possible after tlhe climatic hindrances disappear will imperil his entry in case of a contest. HOMESTEAI) CLAIMS NOT LIABLE FOR DElBT AND NOT SALABLE. No lands acquiredn under tlme provisions of the homestead laws are liable for the satisfaction of any debt contlacted prior to the issue of patent. (Sec. 2296, Rev. Stat.; Appendix No. 1, 1. 155.) The sale of a homestead claim by the settler to another party before becoming entitled to a patent vests no title or equities in the purchaser as against the United States. IIn imaking final proof, the settler is by law required to swear tlhat no part of tIle land has been alienated except for church, cemetery, or school purposes, or thle right of way of railroads, canals, or ditches for irrigation or d(rainage across it. (Sec. 2288, Rev. Stat., as amended by sec. 3 of the act of March 3, 1891, 26 Stat. L., 1095; Appendix No. 44, p. 221.) ONLY ONE HOMESTEAD PRIVIIEGE To TIIE SA11E PERSON PERMITTED. As the law allows but one homestead privilege (sec. 2298, Rev. Stat.; Appendix No. 1, p. 155), a settler relinquisling or abandoning his claim can not thereafter make a second entry, although where the entry is canceled as invali( for some reason other than abandonment, and not the willful act of the party, he is not thereby debarred from entering again if in other respects entitled, and may have tile fee and commissions paid on the canceled emltry refunded on proper application, under the act of June 16, 188( (21 Stat. L., 287; Appendix No. 21, p. 179; Hannah M. Brown, 4 L. l., 9; Goist i. Bottuln, 5 L. D., 643; Jasper N. Shepherd, 6 L. 1)., 362). Where a party mlakes a selection of land for a homestead he must abide by his choice. If he has neglected to exanine the character of the land prior to entry, and it proves to be infertile or otherwise unsatisfactory, he must sutfer tlhe consequences of his own neglect. In some cases, however, where obstacles which could not have been foreseen, and which render it impracticable to cultivate the land, are discovered subsequently to entry (such as the impossibility of obtaining water by digging wells or otherwise), or where, subsequently to entry, and through no fault of the homesteader, the land becomes useless for agricultural purposes (as where by the deposit of " tailings" in 20 TITLE TO PUBLIC LANDS. the channel of a stream a dam is formed, causing the waters to overflow), the entry may, in the discretion of the Commissioner of the General Land Office, be canceled and a second entry allowed; but, in the event of a new entry, the party will be required to show the same compliance with law in connection therewith as though he had not made a previous entry, and must pay the proper fees and commissions upon the same. Exceptions to the rule above stated have been made by two statutes of a general character, the acts of March 2, 1889 (25 Stat. L., 854, sec. 2; Appendix No. 32, p. 187), and of l)ecember 2!, 18!94 (28 Stat. L., 599; Appendix No. 59, I). 236). Several statutes of a special clharacter have been enacted having a local application, viz, statutes of March 2, 1889 (25 Stat. L., 1004, secs. 12, 13, 14, and 15; Applendix No. 35, p. 204), February 13, 1891 (26 Stat. L., 759), and March 3, 18)3 (27 Stat. L., 563; Appendix No. 46, p. 228), in reference to certain Indian lands in Oklahoma; Sepltember 29, 189!1( (26 Stat. L., 49(, A lp)eldix No. 40, p. 215), il reference to certail forfeited railroad lal(ls; and March 3, 1891 (26 Stat. L., 1043), in reference to the Crow Ilndian lanilds in Montana. These statutes make tlhe exception in faivor of parties who had made elltries prior to the resl)ective dates of Lapproval thereof, leaving the rule to operate unimpaired witli respect to cases thereafter arising. The general act of March 2, 1889 (25 Stat. L., 854, sec. 2), allows in general terms any party who had theretofore,made a homestead entry and who had not perfected title thereunlder to mlake another hoimiestead entry, while denying sulch right to any party wlio perfects title to lands under the preemption or homestead laws already initiated, and specifically provides that parties who have existing preemption rights mllay transmute them to homestead entries and perfect title to the lands under the homestead laws, although they may have heretofore hla(l the benefit thereof. Therefore registers and receivers will not hereafter reject a homestead al)plication on the ground that the applicajnt ca.in not take the prescribed oath that he has not previously made such an entry, but lie will be required to show by affidlvit, designating tlhe entry formerly made by descri)tion of the land, number and( date of entry, or othler sufficient data, tliat it was made prior to the date of said act, and also that he has not since perfected a preemption or homestead title initiated prior to that date. In cases where thle former entry was made subsequently to the date of tlhe act, tlhe rule remains unchanged, as given above. The right to make a second entry under the act of December 29, 1894, extends to suchl persons as hlive theretofore forfeited their entries for suchl reasons as would have entitled them to a leave of absence under section 3, act of March 2, 1889. The party applying to make second entry will be required to file, in the district land office having jurisdiction over the land lie lesires to enter, an application for a specific tract of land, land to submit testimony to consist of his own affidavit, corroborated by the affidavits of disinterested witnesses, executed before tlIe register or receiver or some officer in the land district using a seal and authorized to administer oaths, setting forth in detail tlhe facts on which lie relies to support his application, and which must be sufficient to satisfy the register and receiver, who are enjoined to exercise their best and most careful judgment in the matter, that his former entry was in fact forfeited by reason of his inability, caused by a total or partial destruction or failure of TITLE TO PTUBLIC LANDS. 21 crops, sickness, or other unavoidable casualty, to secure a support for himself or those dependent upon him, upon the land settled upon. The facts to be shown embrace the following, viz: 1. The character and date of the entry, date of establishing residence upon the land, and what improvements were made thereon by the applicant. 2. How much land was cultivated by the applicant, and for what period of time. 3. In case of failure or ilnjury to crop, what crops failed or were injured or destroyed, to what extent, and the cause thereof. 4. In case of sickness, what disease or injury, and to what extent the claimant was tlhereby prevented from continuing upon the land, and if practicable a certificate from a reliable physician should be furnished. 5. In case of " other unavoidable.casualty," tlhe character, cause, and extenlt of such casualty, and its effect uponl the land or the claimant. 6. Inl each (case full palrticulars upon which intelligent action may be based by the register and receiver. The foregoirng is ilteni(led to indicate what facts should be set forth in the required affidavits, leaving with the register and receiver of the several district offices the duty of making application of the law to the particular cases preseulted. If tlhe showing miade by any party il supplort of his application under sli(l act is satisfactory to the district land officers, they will allow him to mllake entry as in other cases. Parties claililng under any special act will be required to show themselves entitled to tlhe benefit thereof in accordance with such instructiomls as nmay be issued thereunder. In reiard to some of these laws instructions have already been prepared. (See pp. 48 and 75.) ADJ)OINING FARM IIOMIESTEADS. A lpersoll possessing the requisite qualifications under the homestead law (not lhaving exhausted his right by previous entry thereunder), owning a(ld residing on l:ad not amounting ill quantity to a quarter section, may enter other land lying contiguous to his own to an amount which shall not, with tlme land already owned by him, exceed in the aggregate 1iO acres. For instanlce, if he has lpurchased or obtained from the Government (iot under tlie lhomestead law) or from any other party 40 acres of land he can, under the provisions of tlie homestead law, enter 120 acres adjoining; if he is tlhe owner of 80 acres lie can enter another tract of 80 acres; if he is the owner of 120 acres lie can enter 40 acres additional (sec. 2289, Rev. Stat.; Appendix No. 1, p. 153). The party imust fulfill the requirements of the homlestead law as to residence and cultivation, but will not be required to remove from the land which he originally owned il order to reside upon and cultivate that which he thus acquires under tile homestead law, since the whole 160 acres are considered as constitutilg one farm or body of land, residence upon and cultivation of a plortion of which is equivalent to residence upon and cultivation of the whole, except that patent for the adjoining homestead will lnot be issued until five years from date of entry thereof. Adjoining farml entries under section 2289 of the Revised Statutes are not to be confounded with additional entries under other statutes. (See p. 27.) 22 TITLE TO PUBLIC LANDS. SOLDIERS' AND SAILORS' HOMESTEAD RIGHTS. Any officer, soldier, seaman, or marine who served for not less than ninety days in the Army or Navy of the United States during the rebellion, and who was honorably discharged and las remained loyal to the Government, and who makes a homestead entry of 160 acres or less on any land subject to such entry, is entitled under section 2305 of the Revised Statutes (Appendix No. 1, p. 156) to leave the term of his service in the Army or Navy, not exceeding four years, deducted from the period of five years' residence required under the homestead laws. If the party was discharged from service on accoult of wounds or disabilities incurred in the line of duty tile whole term of enlistment, not exceeding four years, is to be dleducted from the homestead period of five years; but no patent can issue to any llomestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after lie conmecnced his improvements. (Sec. 2305, Rev. Stat.; Appendix No. 1, p. 156.) Similar provisions are made in the act of June 16, 1898 (see appendix No. 79, p. 256), for the benefit of persons lwho served in the late war with Spain, or during any other war in whichl the United States may be engaged. A party applying to make entry unlder the provisions of section 2304 must file with the register and receiver a certified copy of his certificate of discharge, showing whe li e enlisted and when lie was discharged; or the affidavit of two respectable, disinterested witnesses corroborative of the allegations contained in the prescribeld affidavit (Form 4-065, p. 284) on these poilts, or, if neither can lhe procured, his own affidavit to that effect. A SOLDIER MAY FILIE A J)ECL(,TARA1TORY STATEMENT IN PERSON. The filing must be accompanied by the oath of tlhe soldier, stating his residence and post-office address, and setting forth that the claim is made for his exclusive use and benefit, for the l)purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person; that he has not theretofore made a homestead entry or filed a declaratory statement under the homestead law; that he is not the proprietor of more than 160 acres of land in any State or Territory, and that since August 30, 1890, lie has not entered under tile lad laws of the United States, or filed upon, a quantity of land, agricultural in character, which, with the tracts applied for, would make more tlan 320 acres (Form 4-546, p. 283). The fee is $2, except in the Pacific States and Territories, where it is $3. A SOLDIERWS CLAIM MAY BE FILED BY AN AGENT. Any such officer, soldier, sailor, or marine may file his claim for a tract of land through ani agent, and may have six months thereafter within which to make his actual entry and commence his settlement and improvements upon the land. (Rev. Stat., 2309; Appendix No. 1, p. 157.) In addition to the oath heretofore prescribed, the oath, in case of filing by an agent, must further declare the nanle and authority of the agent and the date of the power of attorney or other instrument creating the agency, adding that the name of the agent was inserted therein before its execution. It should also state il terms that the agent has TITLE TO PUBLIC LANDS. 23 no right or interest, direct or indirect, in the filing of such declaratory statement. (Form 4-545, p. 283.) The agent must file (in addition to his power of attorney) his own oath to the effect that he has no interest, either present or prospective, direct or indirect, in the claim; that the same is filed for the sole benefit of the soldier, and that no arrangement has been made whereby said agent has been empowered at any future time to sell or relinquish such claim, either as agent or by filing an original relinquishment of the claimants. (Form 4-545, p. 283.) As implied by the requirement of the oath, a soldier will be held to have exhausted his homestead right by the filing of his declaratory statement; it being manifest that the right to file is a privilege granted to soldiers in addition to the ordinary privilege only in the matter of giving them power to hold their claims for six months after selection before entry, but is not a liceiise to abandon such selection with the right thereafter to make a regular homestead entry independently of such filing. This is clear from tlie statutory language. Section 2304 provides that " the settler shall be allowed six months, after locating his homestead and filing his declaratory statement, within which to make his entry allnd commence his settlement and improvement;" and section 2309 requires hillil "in person" to "make his actual entry, commence settlement and ilmprovement on the same, and thereafter fulfill all the requirements of law." These must be done on "the same" land selected and located by the filing. The foregoing rule, however, will not be construed to require the rejection of an applicatiol to enter the tract filed upon after the lapse of six months, when climatic reasons are shown, which in case of an actual entry would, under the act of March 3, 1881 (21 Stat. L., 511; Appendix No. 23, p. 181), justify an allowance of one year for establishing residence; nor in cases where the failure results from sickness, misfortune, or any insurmountable cause, which shall be properly alleged and satisfactorily shown, and where no adverse right has intervened. Where such cause has prevented entry and an adverse right has been admitted, it will be held proper within the discretion of the G(eneral Land Office to allow an entry upon another tract: Prorided, That it shall be shown to the full satisfaction of the Commissioner that the default was practically beyond the power of the claimant to avoid (circular of December 15, 1882, 1 L. 1)., 648). Following the accepted practice in preemption cases, the filing of a declaratory statement will not be held to bar the admission of filings and entries by others; but any person making entry or claim during the period allowed by law for entry of the soldier will do so subject to his right; and the soldier's application when offered within such time will be allowed as a matter of right and the intervening claimant will be notified and afforded an opportunity to be heard. In case the register and receiver have cause to believe that any filing offered for record is not presented in good faith, they will reject the same, allowing an appeal from their action according to the regular practice. Entries can not be made for a soldier or sailor by an agent or attorney. The entry can be made only by the soldier or sailor, and he must commence his settlement on the land within six months after his filing, and must continue to reside on the land and cultivate it for such period as, added to his military or naval service, will make five years. But he must actually reside uponI the land at least one year, whatever may have been the period of his military or naval service. 24 TITLE TO PUBLIC LANDS. The widow, or, in case of her death or remarriage, the guardian of minor children, may complete a filing made by the soldier or sailor as above, and patent will issue accordingly. In case of the death of any person who would be entitled to a homestead under the provisions of section 2304, Revised Statutes, his widow, or, in case of her death or remarriage, his minor orphan children, by a guardian duly appointed and officially accredited at the I)epartilent of the Interior, may make the filing and entry in the same manner that the soldier or sailor might have done, subject to all the provisions of the homestead laws in respect to settlement and improvement; and the whole term of service, or il case of death (luring the terin of enlistnent, the entire period of enlistnment in the military or iaval service shall be deducted from the time otherwise required to l)erfect the title to the same extent as might lhave been allowed the soldier. (Sec. 2307, Rev. Stat.; Appendix No. 1, 1. 156.) The ruling hereinbefore stated relative to the widow or minor children of another deceased homestead party as to actual residence is equally applicable to the widow or minor clildren of a deceased sailor or soldier; if the lalnd is cultivated il good faitli the law will be regarded as substantially complied with, although the widow or children may not actually reside upon the lan(d. In case of widows, the prescribed evidence of military service of the husband must be flurnished, with affidavit of widowhood, giving date of the husband's death. In case of minor orphan clhildren, in addition to the prescribed evidence of military service of the father, proof of death or remarriage of the mother must be furnished. Evidence of death may be the testimony of two witnesses or a physician's certificate duly attested. Evidence of marriage may be certified copy of marriage certificate, or of the record of same, or testimony of two witnesses to the marriage ceremony. Minor orphan children can act only by their duly appoinited guardians, who must file certified colpies of the powers of gulardianshil), whicl must be transmitted to the (lenerial Land Office by the registers and receivers witl their abstracts of soldiers' declaratory statements. COMMUTATION OF HOMEST'EAD ENTRIES. If a homestead settler does not wish to remain five years on a tract he may pay for it with cash. Military bounty land warrants, agricultural college scrip, and private land clain scrip may be located in lieu of cash payment. To entitle a homestead claimant to the land upon making such payment, under section 2301, Revised Statutes, as originally enacted, he must prove his actual settlement, improvement, and cultivation for not less than six months p1receding date of proof. Residence on the land must be actual and continuous for the prescribed period. Parties commuting homestead entries can not be excused fiomn any cause for failure to live upon, improve, and cultivate the land for tile required period. They are not obliged to make proof in the short time in which commutation is allowed, and whenl such proof is made full compliance with law must be satisfactorily shown. Proof of settlement and cultivation for the prescribed period is to be made in the same manner as in plreemption cases. (See pp. (262-263.) A person commuting a homestead entry by false swearing when he has not actually resided upon tlme landl aiLd iml)roved and cultivated it TITLE TO PUBLIC LANDS. 2 25 as required by law, fo~feits all right to the land and to the parchase money paid, and in addition thereto renders himself liable to criminal prosecuition. (M. F. Soto, 6 L. 1)., 383.) The sixth section of the act of March 3, 1891, amends section 2301, Revised Statutes, so as.,. to require that pa,(rties proposing to commute their homesteadl entries to (cash shall make proot of settlement and of residence and ciiltivatioii of the land( for a period of fourteen mouths from the date of the enitry, and thme provisions of thle sectioni as amended aire made to ap.Iply to land~s on thme ceded p~ortionl of thle Sioux IVes'ervaftionl iii South 1)akota, without, however-, relievinig thle settlers thereon fromil aniy _),aymnents itow reqlliredl by law. (See pp. 61-6.2 and 2_23.) This provision must be enforced ini a~ll cases of cominutation inl whichi the coninmimited enitry, was made after time (late, of said act, butl the right to communte inl ca,-ses inl whiCh time entry was masde 1)rior to tlmat (late is not alehcted thereby. The remnarks ats to entriesy under the said section 2301t as originally enactedl -apply -also to entries soughit to be m~ade unnder saidl sectionl as,amended, excep~t -As to thle period1 of res-idleice required. By the act of Congress of J mine 3,1896 (29 Stlat., 1197; App)endix No. 71, p). 2143), coninlitutatioum s of homestead entries, premiaturely-tallowedl, since thle paissa-ge of' time act of Mlarch 3,18(91, inl which there wa~s no fraud p)ra-cticed by I le enitrymian, amid there, was at least six month~s' actual. residence omi the landl, aire con firmed. By thfe saml~e act it wias provided tha(-t thle f6ourteenl lmonths' period of' residence required for comnmntationi byN existingo law shall run1i froin the (late ot'settlemient,.anid not from thle (late of tile enitry, as was Lproviledl by the said sixth section, act of Ma-rch 3,1891. The Joint resolution of' Selptemnber 30, 1.890, with reslpect to thme extemnsioin of time for paiyment is niot applicable to a nominmntedl homestead enitry. See case of Stihliman B. Mloulton, 23 L. 1)., 304. For immiormatiomi as to thme comumuitatioit of entries inl Oklahomna see pages.50-G0. The second and1 third sections of the act of January 1.9, 1895) (228 Stat. L., 6.34; Appeiidix No. W~, p). 236), (coantai special p~rovisionls for the comupiletiomi of title to lands claimed1 under the homestead laws which were swelpt by the forest fires that lprevaile(I inl Wise(ci sin, Minnesota, atn(1 Michig~an (luring the -smmnuer and antumn of 1894. Thme, second sectionm providles that homestead settlers whose property was destroyed by 511(11 forest fires, or inl case the settler p~erishedl by the fire, then his or her heirs, or, in other words. the suiccessors to his or her homnestead right, as (lefined iii section 2291, Bevised Statutes,, mla~y, upon satisfactory proof of conpfliance with the la-w uipont thle part Of the settler to the (late of the lime, -and upon p-aymnent of thle nuiftimnmn lprice unrder existing statutes, receiv-e a patent for the lanid embraced inl thle claim of suich settler. The lprocedlmre in suchl clases, where them, original enitry has been mnade, will be the samne as is now required ill meakling homestead lproor, except the compliance with the law ineed be shownl only to the dlate of the fire, -anid, inl addition, lproof will be required as to the (late of the forest fire and the extent of the olamage done to the claimnamut's 1)rop~erty thereby, or, where the settler has perishied by the fire, proof as to the time and manner of his death. The payment required to be made for the land is the "1minimum price unuder existinigstatutes," wim ical in ordinary conunutatiomi of homestead en tries tnuder section '2301, Revised Statutes, is $1.25 per acre, except where the, lands are withini the limits of railroad land grants,, and thereby enhanced in price to $2.50 per acre, and in other cases such amount as TITLE TO PUBLIC LANDS. is required by any special laws which may govern the disposal of the specific tracts of land. In all cases where parties intend to avail themselves of the benefit of the said second section, under claims resting upon settlement alone at the time of the fire, they will be required, when they apply to make the original entry, if such application is not made within three months of the date of the settlement, to file affidavits explaining why such entry had not been made sooner. Section 3 provides for cases in which the forest fires only partially burned the timber on the homestead, and the settler may desire to purchase only a portion thereof, retaining the remainder to be perfected under the general provisions of the homestead laws. In such cases, and when the quantity of timber burned does not exceed 75,000 feet of merchantable green timber, the entryman may file with the register and receiver of the district in which his claim lies a sworn statement setting forth the fact that the timber on his claim was destroyed or injured by the forest fires during the summer and autumn of 1894, giving a description of his entry, the date and number thereof, and a description of each of the smallest legal subdivisions of his claim upon which the green timber has been injured or destroyed by said fires, together with an estimate of the amount of such timber so injured or destroyed upon eacl of said smallest legal subdivisions; also that he has complied with the requirements of the homestead law up to date. This statement must be corroborated by two witnesses who have actual knowledge of the conditions existing on the claim. The entryman must designate which of thie legal subdivisions of his claim on which the timber was burned he desires to purchase under this act, and with his application to purchase and sworn statement above required le must tender the necessary amount of money to complete the purchase at the minimum price per acre. ACT OF.JINE 15, 1880. A further right of making cash payment for lands originally entered as a homestead accrues under the act of J une 15, 1880 (21 Stat. L., 237; Appelndix No. 20, p. 178), which allows any party who had entered a homestead prior to that date (or any person to whom such party may have attempted to transfer his right by a bona fide instrument in writing) to pay the Government price (less the fee and commissions) for the land covered by such entry, provided it was originally subject to entry, and provided it had nlot been subsequently entered by aly other person under the provisions of law (MIaughan, 1 L. D., 25; Weaver, id., 53; Miller, id., 57; Bishop, id., 69; George E. Sandford, 5 L. D., 535). He can not, however, be permitted to exercise such right so as to bar the preferred right of a contestant under act of May 14,1880 (21 Stat. L., 140; Appendix No. 15, p. 174), after contest initiated (Freise v. Hobson, 4 L. D., 580). In case the original homestead party applies to purchase, if he has lost his duplicate receipt he must make oath that he has not, prior to the passage of said act, transferred nor attempted to transfer his homestead rights under said entry, and that he has not assigned his right to receive the repayment of the fees, commissions, and excess payments paid thereon. The register will certify to the receiver the amount to be allowed as credit for fees and commissions already paid, the applicant first making oath that said fees and commissions have not been repaid and that no application for such repayment has been made. In case TITLE TO PUBLIC LANDS. 27 he had attempted to transfer his right he may still be permitted to purchase upon filing proof of the consent of the person to whom such transfer was attempted to be made. ATTEMPTED TRANSFER OF HOMESTEAD RIGHT. In case a party to whom a homestead settler has attempted to transfer his right desires to take advantage of the act, the register and receiver will require the instrument in writing by which it was sought to transfer such homestead right to be filed, together with the best evidence attainable of the bona fide character of the transfer, including the affidavit of tlhe party who seeks to purchase. In case of doubt as to the propriety of allowing the application to purchase, they should refer all the papers to tlhe General Land Office, accolll)maied by an expression of their opinion balsed Ulpon a fiill recital of the facts. FORM OF ENTRY. The application must be male as in ordinary caslh entry (Form 4-001, p. 271) and must be accoilmanied by the receiver's duplicate homestead receipt, or, if that lias been lost or destroyed, by al affidavit setting forth sucli fact and giving tlhe register's andI receiver's numiber and date of the original homestead entry. It must also be stated in the application that the same is made lunder the second section of the act of June 15, 1880. Final homestead proof not being required in these cases, no advertisement or notice of intentionl to limake final proof is necessary, and llO filal homestead fees are to be paid or collected. Warrants and scrip made receivable by law for lands subject to sale at private entry or in commutation of homestead or preemption rights are receivable for lands purchased under this act. Wlhere land purchased under this act is paid for with warrants or scrip there would be no claim for repayment Oll account of tlhe fee and commissions paid on tlhe original homestead entry; and the existing rule must be observed. that wlhere the value of warrants or scrip exceeds that of the lands entered therewitlh no repayment on account of such excess is authorized, but the warrant or scrip applied must be fully surrendered. (See " Warrant locations.") AI))DDITIONAL II(OMESTEAI) ENTRIES. The election of a qualified party, when filing for a homestead, to take less than the law allows hilm is construed as a waiver of his claim for a larger quantity, and lie can not make up the difference by an additional entry, except ill cases where subsequent legislation has provided therefor. Additional homestead entries are allowed by several acts of Congress. The act of March 2, 1889 (25 Stat. L., 854; Appendix No. 32, p. 187), is of a general nature as regards the parties to be benefited, and there are a number of special statutes allowing such additional entries for the benefit of certain classes of claimants, viz: Section 2306, Revised Statutes (Appendix No. 1, p. 156), providing for soldiers' additional homestead rights in certain cases; and acts of March 3,1879 (20 Stat. L., 472); July 1, 1879 (21 Stat. L., 46), and May 6, 1886 (24 Stat. L., 22; Appendix Nos. 11, 13, 28, pp. 171, 172, 183), for the benefit of settlers within the limits of land grants for railroads. 28 TITLE TO PUBLIC LANDS. The first-mentioned act contains two sections that provide for additional entries, as follows: 1. The fifth section provides for an additional entry of land which shall be contiguous to the land embraced in the original entry, for which the final proof of residence and cultivation made on the original entry shall be sufficient, but of which no party shall leave tile benefit who does not, at the date of his application therefor, own and occupy the land covered by his original entry, and which shall not be p)ermitted, or if permitted shall be canceled, if the original entry should fail, for any reason, prior to l)atent, or should applear to be illegal or fraudulent. Applicants for additional entries ulder this section will be required to produce evidence tliat they own and occupy the lan(l embraced ini their original entries, to be properly described by legal subdivisions and by reference to the number and date of the original entry, and the evidence to consist of their own affidavits, corroborated by the affidavits of disinterested witnesses, executed before the register or receiver or some officer in the land district using a seal and authorized to administer oaths. In addition to this, the proper homestead application and affidavit must be filed, which should be on Forms 4-018 and 4-063, respectively (pp. 282 and 275), properly modified so as to show the section and act under which application is made, and the affidavit modified by referring to the original entry on which thle additional is based, and setting forth that the applicant owns and occupies the land covered thereby. 2. The sixth section admits of an additional entry of land, which need not be contiguous to the land embraced in the original, by parties who have complied with the conditions of the law with regard to the original entry and have had the final papers issued therefor, and with the condition of residence and cultivation of the land embraced in the additional entry, to be made and proved as in ordinary homestead entries. Application and affidavit will be required in entries under this section (6), and the same forms (4-018 and 4-063, pp. 282 and 275) may be used as above stated in reference to entries under the fifth section. Tlhe affidavit should set forth the description of the tract embraced in the former entry, the date when, and the office where made, but it need not be shown that the applicant owns and occupies the land covered thereby. The right to make entry under section 5, act of March 2, 1889, extends only to cases where the original entry was made before thle passage of the act, but the right to make entry under section 6 thereof extends to cases where the original entry was made either before or after the passage of said act, if the application is otherwise within the terms of said section. (Case of Nancy A. Stinson, 25 L. D., 113.) In additional entries under both sections the usual homestead fees and commissions will be required to be paid, and receipts will be issued therefor. Notes will be made on the entry papers and opposite the entries on the monthly abstracts referring to the section and the act under which allowed. Neither of these additional entries is to be confounded with the adjoining farm homestead provided for by another statute. (See p. 21.) Among the several acts above mentioned as allowing additional entries to be made to complete the maximum quantity of 160 acres, with prescribed conditions, differing more or less in their requirements, the later acts contain no terms to repeal the earlier acts, and there is no such repugnance in their provisions as would work a repeal by implica TITLE TO PUBLIC LANDS. 29 tion. Parties entitled to claim unlder one or another of the acts may elect ulider which to proceed, and their claims will be adljusted according to the provisions of the acts under which they respectively elect to proceed. ADDITIONAL HOMESTEAD ENTRIES UNDER SPECIAL ACTS. SOI,DIERtS A )I)ITIONAL IIOMIESTEADI ENTRY. Any officer, soldier, seamlan, or marine who served for not less than ninety days inl the Army or Navy of tile Unlited States during the rebellionl, who llad, plrior to June 22, 1874, the date of approval of the Revised Statutes, made a homestead entry of less than 160 acres, may enter aln additional qluanltity of lan(l, (wadjacent to his former entry or elsewhere, sufficient to make, with the previous entry, 160 acres. (Rlev. Stat., 2306; Appendix No. 1, p. 156(.) -This riglht was extended by section 2307, Revised Statutes, to the widow. if unmarried; otherwise to the mirlor orpllan childrel lby lolper guardian. Tlhe exercise of this riglht was formlerly regarded as at personal one, and nlot tranllsferable, but under authority of thle decision of the Supreme Court of tile United States in tile case of Webster r. Luther (163 U. S., 331) it is niow held to be assiginable without restrictiol). Tlue party (lesiring to ulake,an aIddlitiolcl entry, anzd being entitled tlhereto, llmust make his ail)plication at thle laind office of the district in wlichl the la11d lie wislles to enter is situated, ill the samiie mainler as ill case of all original enltry. (lForml! No. 4-008, l. 284.) In1 taddition to ttle usualll homestead affidavit the claimaiit must mlake a slecial affidavit showill — Fl'i rst. lis idleltity as the soldier lihe replresellts Iiimself to be, recitillg his military service anld stating his lpresellt residence and plostoffice adldress. Second. 'rTle facts in detail, setting fortlh lis rigllt to make a(lditional enltiry. Prop)er r'erelcite iiust be made to tle, origi lal lioimestead entry, giving tile nlame of the district, office wllerein it wals made, the (late and( nllmler of tle elltry, and tile description of tlme laiid. Thlird. Tlhat lie has not ill any manlier previously exercised his additional right, but tlhat tlle samlle renlmains in ]limi unimpaired. Th'le foregoing affidavits mllist be sworl1 to anl sutbscribed in the presence or the register or recei\ver, or otller officer authlorized to administer oatlis in homlestead en}tries, icanl tle offlicer administering the oath must certify to the identity alnd cred(ibility of the party appearing before lim. An application to miake a a alditiolnal entry, not accompanied by a certificate of right from this oflice, itninst be forwarded by the local land office to this offlice for colsiderationi and( for instructionls relative to allowing tlle entry. l'rol)er notation slould be imade by the local officers on tlleir records, showing the p)eiidenlcy of sucll application amld the consequent segregation of tlle land. (See Appeldix, circular letters of February 18, 1890, and December 4, 1896, pp. 259-260, resplectively.) The foregoing rules will not be deemed to apply to cases wllere the right to an additional entry, under the l-ractice formerly prevailing, has been certified by the Gelleral Land Office. Certificates issued under the practice formerly prevailing will be recognized, and entries allowed according to such practice. The register and receiver will, after thle entry is authorized, require the party to pay the same fee and commissiolns as in cases of original 30 TITLE TO PUBLIC LANDS. entry; the receiver will issue his receipt for the money paid, and these papers will receive the current date and the proper numbers in their homestead series. Then, to complete the transaction-it being an object, for the convenience of business, that the addlitional entry papers and the final papers therefor in such cases shall be kept separate and distinct-the party will make payment of the usual final commissions on the entered tract, for which the receiver will issue his receipt; the register will thereupon issue his final certificate for the additional tract (Form 4-197, p. 285), the receipt and certificate to bear their proper numbers in the final homestead series, likewise a reference to the original entry and to the final certificate thereon by their numbers, and also by their district where the party's first entry shall have been made in a different district. By the act of March 3,1893 (27 Stat. L., 593; Appendix No. 52, p. 232), provision is made that where soldiers' additional homestead entries have been made or initiated upon a certificate of the Commissioner of the General Land Office of the right to make such entry, and the certificate of right is found to be erroneous or invalid for aly cause, the party in interest thereunder on making proof of his purchase may, if there is no adverse claimant, perfect his title by payment of the Government price for the land, but no pIerson may acquire more than 160 acres through the location of any such certificate. By the act of August 18, 1)94 (28 Stat. L., 397; Aplpendix No. 56, p. 234), all certificates of right, regularly issued by the General Land Office, showing that the parties llmaled therein are entitled to make soldiers' additional homestead eltries, are dle(lared to be valid notwithstanding any attempted sale or transfer. WXhere such certificates have been or may hereafter be sold or transferred, tile sale or transfer thereof is not to be regarded as invalidatilg the right, but the same shall be good and valid in the haLnds of bolna fide )pulclhasers for value, and all entries made by such purchasers tierewith slhall 'be approved and patent shall issue in the names of tile assignees, but befbre approving sucl entries for patent the transferee slall lile in this office satisfactory proof of ownership ald of I)ona. fide purchase for value. To enable assignees of these certificates to exercise in their own names the right of entry confirmed by this statute it is directed that the certificate itself shall in each instance prior to any entry by the assignee be presented to the Geleral Land Office for examination and additional certification covering the fact of assignment. Holders of such certificates desiring to exercise a right of entry in their own names must file such certificates in tile General Land Office, togethler with satisfactory proof of ownership and of bona fide p)urcnlclse for value. If, upon examination, the proof so filed is satisfactory, an additional certificate will be attached to the original authorizing the location thereof, or entry of land therewith, in the name of the assignee or his assigns. To prevent confusion and provide a uniform rule for the transfer and assignment of soldiers' additional certificates recertified to owners and bona fide purchasers under said act the following mode of procedure should be observed: 1. The assignment may be written or printed upon a separate sheet or sheets of paper, to be securely attached to the package of papers constituting the certificate. 2. Each assignment must be duly attested and acknowledged as prescribed by the circular of February 18, 1896 (p. 1, Subdivision I, paragraphs 4, 5, 6, and 7), respecting the assignment of bounty land TITLE TO PUBLIC LANDS. 31 warrants, and the officer taking the acknowledgment must certify that at the date of the assignment the certificate was attached to said assignment and was in the possession of and presented by the assignor. 3. The forms printed on pp. 300-1 are prescribed for use in making assignments. These forms, or others containing the substantial matter thereof, will be accepted as a compliance with these instructions. This law does not prohibit the location of said certificates by the holders as heretofore, either by the soldiers in person or by others acting as attorneys for the soldiers aind in the names of the soldiers. Therefore, when application is made to locate such a certificate by the holder in the name of the soldier the entry of landl under said certificate will be allowed if the application papers are regular in all other respects, and the homestead papers and linal certificate and receipt will be issued in the name of the soldier under the instructions heretofore given in reference to such cases, wliich are still operative. All applications to locate certificates of additional homestead right must describe a particular tract and be presented at the local land office having jurisdiction over the land desired to be entered, and must be accompanied by the usual nomlnineral affidavit. The instructions above given relative to certificates of right recertified under act of August 18, 1894 (28 Stat., 397), apply with equal force as to the requisites of assignments of uncertified additional houmestead rights, and the forms of assignment prescribed therein may be modified so that the same shall contain the substantial matter thereof. An assignee of an uncertified right desiring to make an additional entry under this section must present his application as the assignee of the soldier for a specific tract of land to the register and receiver at the local office in whose jurisdiction the land lies, accompanying the same by a complete assignment duly executed, attested, and acknowledged as prescribed respecting the assignment of bounty land warrants. The identity of the original assignor with the soldier and original entryman must be established by the affidavits of two witnesses having personal knowledge of the facts, or, if such witnesses can not be procured, a satisfactory reason must be given and other facts presented tending to establish such identity. The applicant must furnish his affidavit of bona fide ownership at the date of the application, evidence of his citizelship, the usual nonmineral affidavit, and the affidavit of the soldier showing that lie has in no manner exercised his homestead right since making the original entry, either by making an additional entry under said section or under any other act. The required affidavits must be sworn to and subscribed in the presence of the register or receiver or other officer authorized by law to administer oaths in homestead cases, and the officer administering the oath must certify to the identity and credibility of the party appearing before him. ADDITIONAL HOMESTEAD ENTRIES WITHIN RAILROAD LIMITS. Homestead settlers within the limits of grants for railroads or wagon roads, except grants of even sections in Alabama, Mississippi, and Louisiana, who were restricted to 80 acres by law previous to March 3, 1879 (or in Missouri and Arkansas prior to July 1, 1879), may enter an additional 80 acres adjoining the land embraced in the original entry, if such additional land is subject to entry; or if the party so elects he may surrender his original entry and make a new entry for 160 acres 32 32 TITLE TO PUBLIC LANDS. elsewhere. (Acts March 3, 1879, 240 Stat. L., 472; July 1, 18719, -21 Stat. L., 46; Appendix Nos. 11 and 13, pp. 171 and 172.) The following p)aragralphs I and 11 are here presented in explanation of tLe history of the legislation just referred to, viz: I. The laws exten(Iing the homestead privilege, embraced in sections 2289 to 2312 of the Revised Statutes, give to every citizen, and to those who have declared1 their intention to 1)ecome citizens, the right to a homestead oin siwreycei lands; since extendledl to tns~uvrq~ei l1ands by act of May 14, 1880 (Appenidix No. 13, p). 174). rThlis right wa(Is liniited by section.2289 of time Revisedl Statuites, as the maiximnum quanitity, to 160 acres of the class of ordinary public, lands held by Law at $1.25 per acre, when disJposed of to cash lpllrcliasers, or (SO acres of the class of lands embraced in the alternate sections -along thme lites of' railroa-ds or other workis of internal imiprovemeiit reserved to the U nited States in acts of Congress makinig gran-wts of hand~s ill aid of the, construction of such works, and the price ~thereof' increased to $1,2.50 1)er aicre. 1By act of Congress of Mlarch 3, 1879), it wtas enacted that from andl after its passage "the even sections withimi the limits of ammy granlt of public lands to any railroad company, or to any milittary road company, or to any State iniaid of anyv railroad or milita-ry roa-d, shall be openl to settlers under the hoinesteaid laws to the extent of 160 acres to each settler," thus dohing away in this class of entries with the (listhiction betweemi ordinary nininiunm antid double minimnin lands, or Lamids hield at $41.251 -per acre andl lands, held at $2.50 per acre, which haid existed unler section 2289 of the.11'evised Statuites of the Ujnitedl States, So lhar as1 the double minimnum lands mway lbe found ini cren sections within the, limit-s; of land grants for railroads or miilitary roadIs. r1hlese lprovisions5 (lil not extend so as to embrace ammy double aminimunm lands in odd nummbered sections or ini the limits of grants for atny other (description of' public, works. By act of Juily 1, -18719, the sanie provisions were extelided to the odd sectiomis in the States of Missouri and Arkamisas, where the odd sections were reserved to the Uniited States, thle price(.~ of the lanlds thrineha ced, an-heee sec-tionis granted fPr thle purposes c' improvement. Both aclts wvere inoper-ative in amiy case where, the even sections were granted, the 0(d( being reservedl, and niot wvithin thle States of Missouri and Arkanisas, -as ill (certain griants in Alabama, -Mississipp~i, and Louisiana; but the (louble minimum hlands iii the two last-mnentioned States heaving beemn brought into market aft the enhanceed price prior to January 1, 1861, are now reduced to $1.25 per,acre Under the third section of the act of Jumie 135,1880. II. The act of March 3, 1879, ini addition to its provision already referred to, Iprovides, first, th~at "1 any Iwelsoi wNho has under existiiig laws taken a homestead on -,amy eveni sectioni within the limits of aiiy railroad or military-road land grant, anid who, by existing laws shahl have beemi restricted to 80 acres, meay cuiter under the homestead laws an additiomial 80 acres adjoining- the lantid embraced ini his original emitry, if such additional land be sub~ject to entry," without paymient of fees -and commissions, and that "1the residence -amid cultivation of suich l)ersOii upon and of the land embraced in, his original entry shall be considered resiolence anid cumitivatiomi for the, saume length of time upomi amid of' the land embraced in his additional entry, and shall be deducted fromi tile five years' residemice required by law," with the proviso, however-, that in nio case shall patent issue "until the persoii has actuallty, amid iii conformity with the homestead laws, occupied, resided upon, amid cultivated the land"1 embraced in his additiommal entry "1at least omie year." Thme act of July 1, 1879, is similar in effect las regards persons who had taken. TITLE TO PUBLIC LANDS. 33 homesteads on the odd-numbered sections reserved from such grants in Missouri and Arkalisas. The right to make an additional entry under these acts or to surrender the origilal entry and make a new one descends to the statutory successor to the original lomestead right, but is not subject to sale or assignment. The additional or the new entry, as the case mnay be, can be Iiadle only by the homestead claimanlt, or, if he be (lead, by the widow, (levisee, or other successor to the right. An elntry Imay be made under these acts, although the original entry was coninmuted by cash payimet. A woman who has married since mlaking original entry is not thereby disqualified fronm making an additional elitry under these acts. A person making additional entry of 80 acres or new entry after surrender and cancellation of his origital entry can do so without payment of further fees and coninlissions. (Acts March 3, 18S79, 20 Stat. I., 472, andJluly l, 1879.21 Stat. L., 46; Appendix Nos. 11 anld 13, p. 1 7, 1 andl 172.) Where additional entry is made on lai(ls adjoinilg all original entry upon whicih proof lias been miade no further proof or payment is required additional to the proof and payment already ma(le on tlhe original entry. (Act May 6, 1886, 24 Stat. L., 22; Appendix No. 28, ). 183.) But in case of an additional entry, when proof on the original entry has not been made, tlhe proof and l)aymnent to cover bothl the original and additional eitry must be made at the samie time and in tlie same manner, and where a party surrenders his original entry and makes a new one lie must comnlly with tlhe law iii respect to resi(lence, inpl)rovement, and cultivation folr such period as, with his residence on the original t act, will make five years, and lie must, in any evelt, reside upon, improve, tand cultivate the land embraced in the new entry for at least one year. In applying for an additional entry the party must mliake affidavit before the register or receiver, or other officer authorized to adminiister oaths in homestead cases, describing the tract upon whichl le resides. (Forim 4-086, p. 282.) If final proof on the original enitry has not been made, lie must submit proof setting forth thle pLarticulars of his existijg entry and of' his compliance with legal requirements regarding tlhe same (Form 4-369, p. 278), and lie must make application according to Form 4-018, page 282. The applicant for an. additional homestead entry must swear that lie did not serve in the Armiy or Navy of the IUnited States for ninety days or more; for persons who thus served were not restricted to 80 acres under previously existing laws, and consequently are not entitled to tlhe benefits of the acts amending said laws;approved March 3, 1879, and July 1, 1879. In order to entitle a homestead entryman to an additional entry under the act of March 3 or July 1, 1879, and to a patent for such additional entry under the act of May 6, 1886, his original entry must be a valid, bona fide entry, and the proofs presented in support thereof must have been accepted by this office. Registers and receivers will therefore in no case (except where patent has issued on the original entry) issue a final certificate on the additional entry until they have been advised by this office that final proof on the original entry has been lapproved and the additional entry accepted. When so advised they will issue final certificate on the additional entry, without cost to the entryman, and forward the same to this office. (Circular of July 26, 1886, 5 L. D., 128.) 3073- 3 TITLE TO PUBLIC LANDS. PARTIAL WAIVER OF HOMESTEAD RIGHTS. The election of a qualified party, when filing for a homestead, to take less than the law allows him, is construed as a waiver of his claim for a larger quantity; and the same in case of an adjoining farml entry or soldier's additional entry. (But when an additional homestead claim was filed for 40 acres by a homesteader whose original entry was 120 acres, and 40 acres of this original entry had been canceled, but notice of the cancellation had not reached hill when he filed for the additional 40 acres, this was not considered a waiver of the full amount, since he filed for all that he supposed was due him.) The acts of March 3 and July 1, 1879 (providing that a person who had taken a homestead to the extent of 80 acres within the granted limits of a railroad grant, on the alternate sections belongillg to the Government, might enter an additional contiguous 80 acres), are not construed as allowing a person who elected to take but 40 acres under the original homestead law to take an additional 120 acres under these amendatory acts. INDIAN HOMESTEADS. By the provisions of the Indian appropriation act of July 4, 1884 (23 Stat. L., 96; Appendix No. 27, p. 183), any Indians who might then be located on public lands, or should thereafter so locate, may avail themselves of the lprivileges of the homestead laws as fully and to the same extent as citizens of the United States, but without payment of fees or commissions on account of sucl entries or proofs. Indian hoimesteads can not be commuted anl(d are not subject to sale, assignment, lease, or incumbrance. All patents issued for Indian homuesteads under this act must be of the legal effect and declare that the United States does and will hold the landl thus entered for the period of twenty-five years il trust for the sole use and benefit of the Indian by whoml such entry shall lhave been mna(le, or, in case of his decease, of his widow and heirs, according to the laws of the State or Territory where such land is located, and that at the exliration of said period the United States will convey the same by patent to said Indian or his widow and heirs, as aforesaid, in fee, discharged of said trust and free of all charge or inciumbrance whatsoever. When any lndian applies to enter land under said act lie will be allowed to do so without payment of fees or commissions, but will be required to furnish a certificate from the agent of the tribe to which he belongs that he is an Indian of the age of 21 years, or the head of a family, anld not the subject of any foreign country. FIVE-YEAR NOTICE, SEVEN-YEAR NOTICE, AND EIGHT-YEAR NOTICE. Registers and receivers will notify homestead claimants, on the expiration of the five-year period, the seven-year period, and the eight-year period, according to Forms 4-343 and 4-344 (p. 286), modified when necessary. The eight-year notice is to be given in all entries made prior to or on July 26, 1894, while the seven-year notice is to be given on entries made after that date. TITLE TO PUBLIC LANDS. 35 HOMESTEAD FEES AND COMMISSIONS. The land oflice fees alnd commissions payable when application is made are as follows: Land at Land at $2.50 per. $1.25 per acre. tacre. In Alabama, Arkansas, Florida, Iowa, Kansas, Louisiana, Michigan, Minnesota, Mississippi, AMissouri, Nebraska, North Iakota, Oklahoma. Sout h D)akota, 1and Wisconsin (Ilev. Stat., 2238; Appendix No. 1, p. 144): For 160 ac(res.$.....0..........-..................................... $18.00 $14.00 For 80 acres...-.................................................... 0 7.00 For 40 acres.......... -.........................6..................... 7.00.00 In Arizona, Califirnia, Colorado, TIdaho, Montana, Nevada, New Mexico, ()regon, Utah. Washington, and Wyoming (Rev. Stat., 2238, par. 12; Appendix No. 1, pp. 144-145): For 160 acres......-.....0..... 1... —........ —..-0......... --...-..-..... 22.00 16.00 For 80 acres................................................................ 11.00 8.00 For 40 acres.-.........-... — -...........-............................. 8. 00 6. 50 The lInd office fees and commissions payable at tlle time of making final proof are as follows: Land at Land at $2.50 per $1.25 per acre. acre. In Alabama, Arkansas. Florida, Iowa, Kansas,,Louisiana, Michigan, Minnlesota, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, and Wisconsin (Rev. Stat., 2238; Appendix No. 1, p. 144):! For 160 acres.- -.......................-..-. -....- -..-.... —..... —... $8.00 $4. 0 For 80 acres........... —................................................. 4.00 2.00 For 40 acres....0..................-......-....................... 2.00 1.00 In Arizona, California. Colorado, Idaho, Monltana,:, Nevada, New Mexiro, Oregon, Utah, WIashington, and \Wyoming (Rev. Stat., 2238. lar. 12; Appendix No. 1, pp. 144-145): For 160 acres...-.................-........ 12.00 6. 00 For 80 acres...........-............. 6. 00 For 40 acres.0 1-..................... 3.00 1.50 NECESSARY TIMBERl ON P'BLI(C LANDS. Homestead or preemptioll claimants whol have made bona fide settlements upon p)ublic land, alld wlo are living upon, cultivating, and implrovilng the same in accordance with law and the rules and regulations of this Department with tlhe intentiol of acquiring title thereto, are permitted to cut and remove, or cause to be cut and removed, from the portion tlereof to be cleared for cultivation, so much timber as is actually necessary for tllat purpose or for buildings, fences, and other improvements on the land entered. In clearing for cultivation, should there be a surplus of timber over what is needed for the purposes above specified tlhe entryman may sell or dispose of such surplus; but it is not allowable to denude the land of its timber for the purpose of sale or speculation before the title has been conveyed to him by patent. The abandonment of a settlement claim after the timber has been removed is presumptive evidence that the claim was made for the primary purpose of obtaining timber. Squatters upon public lands have no right to cut timber therefrom for any purpose. In reference to timber on the public lands in the States of Colorado, Montana, Idaho, North Dakota, South Dakota, Utah, Wyoming, and 36 TITLE TO PUBLIC LANDS. Nevada, the district of Alaska, and the Territories of Arizona and New Mexico, see rules and regulations goverling the use of timber on the public domain, issued under section 8, act of March 3, 1891, page 109, and under section 11, act of May 14, 1898, ill reference to Alaska, page 126. TIMBER CULTURE. By the first section of the act of March 3, 1891 (26 Stat. L., 1095; Appendix No. 44, p. 221), the laws providing for the entry of public lands for timber-culture purposes are repealed so far as regards future entries, but continued, with certain prescribed modifications, as regards the adjustment of existing claims initiated prior to such repealing act. Ience, no further entries of this class will be allowed unless the right to make such entry had accrued or was accruing at the date of said act. In dealing with existing claims the provisions of the first section of the repealing act will be observed, presenting the following modifications, viz: 1. The following words of the last clause of section '2 of the act of June 14, 1878 (20 Stat. L., 113; Appendix ANo. 8, p. 167), namely, "That not less than twenty-seven hundred trees were plalted on each acre." are repealed. 2. in computing the period of cultivation, the tinle shall run fro~m the date.of the entry if the necessary acts of cultivation were performed within the proper time. 3. The preparation of the land and the planting of trees shall be construed as acts of cultivatiOll, and t!ie timne authorized to be so employed and actually employed slhall be computed as a part of the eight years of cultivation required by statute. 4. It will be seen that by the fifth proviso of that section the right is extended to persons having certain qualifications to commute their entries in certain cases at the rate of $1.25 per acre. For this purpose it will be necessaryFirst. That the person shall have in good faith complied with the provisions of the timber-culture laws for four years immediately preceding his offer of proof. Second. That he shall be an actual, bonla fide resident of the State or Territory in which said land is located. Final proof for the commutation of timber-culture entries under this provision shall be made as other final timber-culture proof is made (see Forms 4-073a, 4-385, and 4-386, pp. 289, 286 and 288), and shall satisfactorily exhibit the facts necessary to entitle the applicant to make purchase thereunder. For final proofin timber-cultureentries, the registers and receivers shall be allowed the same fees and compensation as are allowed under previously existing laws in homestead entries. (See tenth and twelftli subdivisions sec. 2238, Rev. Stat.; Appendix No. 1, p. 144, and act of March 3, 1877, 19 Stat. L., 403; Appendix No. 5, p. 165). 5. All bona fide claims lawfully initiated before the passage of said act of March 3, 1891, may be perfected upon due compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if said act had not been passed. Congress, by act of March 3, 1893 (27 Stat. L., 593), entitled "An act making appropriation for sundry civil expenses of the Government for TITLE TO PUBLIC LANDS. 37 the fiscal year ending June thirtieth, eighteenl hundred and ninety-four, and for other purposes," enacted as follows, viz: That section one of an act entitled "An act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, be, and hereby is, amended by adding the following words to the fourth proviso thereof: And provided further, That if trees, seeds, or cuttings were in good faith planted as provided by law, and the same and the land upon whicll so planted we(re thereafter in good faith cultivated as provided by law for at least eight years bly a person qlualified to make entry and who has a subsibting entry under the I imber-ciulture laws, final proof may be made without regard to the number of trees that nmy have been then growing on the land. Under this enactment parties may make final proof witlout showing the existence of the quantity and character of trees on the land at the time of their doilg so, as required under the previously existing law, provided that it be made to appear in the proof1. That trees, seeds, or cuttings were in good faith planted according to the requirements of the timber-culture laws as amended by the first section of thle act of March 3, 1891, before mentioned. 2. That thle trees, seeds, or cuttings so planted( a(nd tlIe land upon which they were so planted were in good faith cultivated for at least eight years in manner prescribed in the timber-culture laws. 3. That thle claimant was qualified to make entry under said laws. 4. That lie has an entry subsisting thereunder. 5. That the facts of the case are such as to show the claimant's good faithl in his proceedings under tlIe statutes. Five acres on a quarter section lmust be broken or plowed the first year after entry and 5 acres the second year. l'le second year the first 5 acres must be cultivated to crop or otherwise. The third year the second 5 acres must be cultivated to crop or otherwise, and the first 5 acres must be planted in timber, seeds, or clittilngs. The fourth year the second 5 acres must be planted in timber, seeds, or cuttings. Ten acres are thus to be plowed, pllanited, and cultiv;ated on a quarter section, and the same proportion when less thai at quarter section is entered. The whole 10 acres or the due proportion thereof must be prepared and planted within four years from the date of t!he entry, 5 acres being prepared the first and second years and l)lanted the third year, and 5 acres being prepared the second and third years and planted tlhe fourth year. The preparation of the ground by breaking( and cultivation to crops must be thorough. The l)lowing must be done at the proper season of the year and must be sufficiently deep to thoroughly break and mix the soil, and the cultivation to crop must be actual and bona fide. The object of the law is to promote the cultivation of timber, and land not made fit, by careful and thorough preparation, to produce a growth of trees is not prepared as contemplated by law, and a failure to strictly comply with the law renders the entry liable to contest. Trees, tree seeds, or cuttings must be of suitable character to germinate and grow with proper cultivation, and must be carefully and properly set out or planted, and at a proper season of the year to insure growth, and must be carefully and thoroughly cultivated. Where land is selected for timber-culture entry wlhich in its natural state will not produce trees without irrigation, the ground will not be regarded as properly prepared nor the trees as properly cultivated unless the land is irrigated and tlhe trees kept watered. Where the ground is properly prepared and cultivated, and the planting of suitable trees, seeds, or cuttings is well and seasonably done, and the same should not germinate and grow, the ground must be 38 TITLE TO PUBLIC LANDS. replanted and vacancies filled the same or next succeeding season. If the trees, seeds, or cuttings are destroyed by grasshoppers or by extreme and unusual droughts, the time of planting may be extended one year for every year of such destruction, upon the filing in the local office of an affidavit by the entryman, corroborated by two witnesses, setting forth the destruction and asking the extension of time provided for by the act. The offering of relinquishments for sale after entry will be regarded and treated as evidence tending to prove the fraudulent or speculative character of the entry. The following classes of trees are recognized as " timber" within the meaning of the law, viz: Ash (including mountain ash, or service tree), alder, basswood, beech, birch, box elder, black walnut, butterlut (otherwise called white walnut), cedar, chestnut, cottonwood, elm, fir, hickory, honey locust, larch, maple, oak, pine, spruce, sycamore (otherwise called buttonwood or cotton tree), white willow, whitewood (or tulip tree), and other trees recognized in the neighborhood as of value for timber, for firewood or domestic use, or for conlimercial purposes. Fruit trees, hedges, and shrubbery can not be classed as " timber," and their cultivation is not sufficient to satisfy the denmands of the law. Final proof can not be made until the expiration of eight years from (ate of entry, and may be at any time within five years thereafter if cultivation has been made for the proper period. Perfect good faith nimust be shown by claimants. If trees, seeds, or cuttings are destroyed they must be replanted; and not only must trees be planted, but they must be protected and cultivated in such manner as to promote their growth. Hereafter parties desiring to offer final proof in timber-culture cases will be required to file a notice of their intention with the register of the preper district land office, and the samue shall be published in the same manner as in homestead and preemption cases. In making final proof the claimant (or, if lie be dead, his heirs or legal representatives) must appear ill person with at least two witnesses at the land office of the district in which the ]:lnd is situated and there make the necessary proofs; or the affidavit of the party may be made and his testimony and the testimony of his witnesses given before any commissioner of the United States district court having jurisdiction over the county or parish in which the land is situated, under act of May 28, 1896 (29 Stat., 184; Appendix No. 70, p. 242), or before the judge or clerk of any court of record of such county or parish, or in the Territories the proof may be taken by a United States court commissioner as provided by act of March 2, 1895 (see Appendix No. 64, p. 239), but all the proof must be taken at the same time and lplace, before the same officer, in such land district (11 L. )., 361). The officer administering the oath or taking the testimony must certify to the identity and credibility of the party appearing before him. The foregoing requirements are modified by tile act of March 4, 1896 (29 Stat., 43, Appendix No. 68, p. 242), under which the personal testimony of the claimant in final. proof in timber-culture entries may be taken by a United States commissioner or a clerk of any court of record, wherever the claimant may happen to be, but the testimony of the witnesses must be taken in the same manner and under the same restrictions provided by previous laws. (Circular March 25,1896,22L. D., 350.) The proof must set forth specially and in detail all the facts of the case, showing when cultivation was commenced, the acts performed, amount of land plowed, cultivated, and planted, what was done in each TITLE TO PUBLIC LANDS. 39 year, the total number of trees planted, the total number growing, and their size and condition at date of proof, and any other facts or circumstances material to the case (Forms 4- 385 and 4-386, pp. 286 and 288). While the law does not prescribe that any definite number of trees, seeds, or cuttings shall be planted, or that any particular number shall be growing at date of final proof, this information should be furnished to enable this office to judge of the claimant's good faith. Contests may be instituted against timber-culture entries for failure to comply with the law after entry, or for any sufficient cause affecting the legality or validity of the entry or proof. Contestants of timber-culture entries are not now required to file an application to enter the land at the time of the initiation of contest, but the successful contestant secures a preference right of entry under the second section of the act of May 14, 1880, 21 Stat. L., 140. (This regulation overrules the decision in Bundy r. Livingstone, 1 L. D., rev. ed., 152.) No land acquired under the provisions of the act of June 14, 1878, will in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. Claimants and witnesses making final proof must in all cases state their place of actual residence, their business or occupation, and their post-office address. It is not sufficient to name the county and State or Territory where a party lives, out the town or city must be named, and if residence is in a city the street or number must be given. Nothing herein will be construed to lhave a retroactive effect in cases where the official regulations of this Department in force at the date of entry were complied witlh. DESERT LANDS. The act of March 3, 1877, entitled "An act to provide for the sale of desert lands in certain States and Territories" (19 Stat. L., 377; Appendix, No. 4, p. 164), contained three sections. By the act of March 3, 1891 (26 Stat. L., 1095; Appendix, No. 44, p. 221), five sections were added thereto, numbered froln 4 to 8. The first section provides for the reclamation of such lands by "conducting water upon the same." The second section provides "that all lands, exclusive of timber lands and mineral lands, which will not, without artificial irrigation, produce some agricultural crop shall be deemed desert lands within the meaning of this act," and the third section provides that "this act shall only apply to and take effect in the States of California, Oregon, and Nevada, and the Territories of Washington, Idaho, Montana, Utah, Arizona, New Mexico, Wyoming, 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." It is therefore prescribed as follows: First. Lands bordering upon streams, lakes, or other natural bodies of water, or through or upon which there is any river, stream, arroyo, lake, pond, body of water, or living spring, are not subject to entry ulder the desert-land law until the clearest proof of their desert character is furnished. Second. Lands which produce native grasses sufficient in quantity, if unfed by grazing animals, to make an ordinary crop of hay in usual seasons are not desert lands. Third. Lands which will produce an agricultural crop of any kind in amount to make the cultivation reasonably remunerative are not desert. 40 TITLE TO PUBLIC LANDS. Fourth. Lands contaiiig sufficient moisture to l)rodulce a natural growth of trees are not to be classed as desert lanlds. By the fourth section the party nmaking entry is required at the time of filing the declaration to file also a mal) of the land, which shlall exhibit a plan showing the mode of contempla-ted irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and reclamnation. Provision is made that persons may associate togetlher in the construction of canals anll ditches for irrigatilg and reclaimilg tracts entered or proposed to be entered by them, and that they may file a joint map or maps showinlg their plan of internal improvements. By the fifth sectioll it is Lequlired that the entryman shall expend, for the purpose of the statute, at lealst $9.3 per acre —$1 per acre during each year fbo three years-adll shall file plroof tllereof during, each year, such proof to consist of his aflidavit, corroborated by the, affidavits of two or more wittnesses, showing that the full sum of $1 per acre has been. expended during such year and the manner in wlhich expeiided (Forms 4-074b and 4-074c, pp. 296-297), and at the expiration of tlhe third year a map or plani shlowing tel, character and extent of ilmprovemen ts; til, t f'ailure to file thle requiredl p)roof during a.ly year shall cause the land to revert to the United States, the money paid to be forfeited, and tile entry to be c(ancele(l; and it is provided that the party may make his linal entry iand receive his patent at ally time prior to theexpiration of the tlhree years on making the required( proof of reclamiation, of exl)eiiditure to tie aggregate amount of $3 per acre, and of the cultivation of one-eighltlh of the land. The sixthl sectioll provides tilat entries made prior to the (late of' tlle aneltdat)ory act of Marcil *3, 1891, maly be I)erected according' to tlhe l-'ovisi-,ns of the act of' Marc]h 3, 1877, as orig'inally enacted, or, at tlie option of thle claimant, mnay be l)erfectel nd(ler thle law a-s aiiended, so fatr as al)plicatble, and repeals all acts or parts of acts in (confllict witl the act as amldell(ded. Tile seventh section pIrovides tlat at any time alter filing the declaration, and within thle period of four years thereafter, Upol) making satisfaictory proof of the reclamatioll and cultivation of tlMe land accordilg to tile legal requirements, and tlhat lie or she is a citizen of thle Ullite(l States, anlld upon payment in full therefor, a, patent slhall issue for the ladl to tlhe aplplicant or hlis assignts. It limits thle amount of lalld thlat may be hleld bly any person or association of persons lby assignment or othlerwise, prior to the issue of patent, to 320 acres as the masximum; providing, however, that this section slhall not aLpply to entries mnade prior. Provisionis Ina(le tlherein folr contests ol suffic(ient grounds, anll tlhat on piroof thlereof thle eltry shall be c(ancmeled a(licd tlhe la11(ls aind money paid therelot forfeited to tile United States. By the eighth section tlhe Iprovisions of thle original act and the amendments are extended to Colorado. By the sanLe section the right to make desert-lalnd entry is restricted to resident citizens of the State or Territory ine which the land sought is located, whose citizenship and residence must be duly shown. (Forms 4-274, 4-372a, and 4-373a, pp. 291, 294 anid 297.) By the first section of the act of July 26;, 1.894 (28 St4. L., 123), it is providled that the time for mnakillg final proof anrd ])aymelnt for all lands located under thle homestead and (lesert-]and laws of the UTnited States, proof andl paymnelt of whicl lhave,.ot yet been mnade, be, rand the same is hereby, extended for the period of one year from the time proof and TITLE TO PUBLIC LANDS. 4 41 payment wouIld lecome due uinder existing laws (24 L. 1)., 43-5)), and by act of August 4, 1894 (28 Stat. L., 226), it is enactedThat ini all cases where declarationis of intention to eniter desert lanids have, been tiled, and the four years limit-within which final proof miayble, nadle bad not expired prior to January first, eighteen hundred and iiinety-Ibuir, the time within which such proof may ho made in each such cast is hereby extended to five years fromy the (late of filhig the declaration; and the requnirement that the persons filing such dechirations shall exp~end the full sum. oi one dollar per acre (lurin)(r ealch yeair toward the reclamiation of the land is hereby suspended for the year eighteen hundred and niniety-fouir, and siich annual expenditure for that year, and the piroof thereof, is hereby dispensed with: J1rorided, That within the leriodl of five years from fiing the declaration satisfactory proof bie made to the register and receiver of tht, recla11nationl anid cuiltivation of Such land to the extenit anid cost and. ini the maimer providled by existinga Ia~v, except as to saiid year eighteen hunidred anii niniety-four,.anid upon the payment. to the receiver of the additional. snam of one dollar per acre, ais provi~ledl in existing law, a patent shall issue as therein provided. -Under these acts fiuial proof ou all entries lnale, lprior to August 4, 1894, m ay be masde at any tfime within five years fromn (late of entry. 1. Th~e amount of land whjich mnighit be enteredl lby any oine person uln(ler tlie (lesert-land Jawm. was lixedl by the act of Marchi 3,18'77~ it the nmaximnmiu of one section, or 6-40 acres. Undler time act ot August 3(0 1-890 (26 Stat. L., 391), no persoil could be permittedi to enter theit ifter mnore thain t320 tacres in the afggregate uinoder' all time lan(I lawvs Wbicnh is construied by the seventeenth section of' the act of' March.3 1891 ("16 Stat. L,1 1095); Ap~pendix, No. 44, p). "21 ), not to inicludIe the amount of mnineral lands enteredl in the lprescribed m1aximnum. Parties initiating chailnis Nre requliredl to iiiake afifldav~it to show olbservance of siuet lini-ii lbitiol). (See Formi 4-102-db, p. 2721.) Undler tie amendatory act of March ), 1>911, abov-e, no p~erson is entitledl to 1101(1 u1)(er tassignment or oth~erwise, prior' to the l)atenmt, mnore than 320 lacres entere'd ais (lesert hlaud, but this will not affect entries made prior to time approval of the alliendatory act. Assignees must, proj)erl.y prove their, assig-inments by filing in. the local o1171cc an affil(lavit and a certifiedl cop~y ot the instrument- tinder whichl they claimai, Iand nimust make atlidavit ot the i mnount of land held. (Form 4-074a,' p) 296.) 2. Under the act of MaRrch 3, 1877, it wvas held thiat desert-land entries were not assig-na~ble, and that the transtfer of such entries, whether by (Iee(l, contract, or a-greemnent, vitiated lite, entry. Thiis is changed by the seventh section of the act of March 3, 1877, as amended by the act of March 3,1.891, above, which recognizes, as.Signiments after entry and before patent; but an entry inmade in the interest or for thle benefit of any otfier lperson, firmi, or corlporation, or with intent that the title sh all be clonveye(l to any other person, firmn, or corporation, is illegal. 3. It hias beein held that the price of lands soughit to be eniteredl under the 1provisions of the act of Mlarchi 3a, 1877,7 was (controlled and fixedl by the provisions, of section.23,57 of thle Revised Statutes, but it is now hield that the price of laiids soughit to be eilteredl under the provisions of said1 act of 1877 as amended by section 2.' of tile act ot March 3, 1891, is t~o be $1..25 per acre, without regar(I to the situation of such land in relation to railroad grants. (14 L. 1)., 74.) 4. A party desiring to avail himself of the p)rivileges of the desertland act must file with tile register and receiver of the proper district land office a (lec-lar-ation, under oath, showing that the,applicant is a citizen of the United States, or has declared his intention to become suchl, and a resident of the State or Territory in which the land sought is, located. It, must also be set up thiat the applicant has not p)reviously exercised the right of entry tnuder the provisions of this act, and that 42 TITLE TO PUBLIC LANDS. he intends to reclaim the tract of land applied for by conducting water thereon within four years from date of his declaratioln. The declaration must also contain a description of the land applied for, by legal subdivision it surveyed, or, if unsurveyed, as nearly as possible without a survey, by giving, with as much clearness and precision as possible, the locality of the tract with reference to the already established lines of survey, or to known and conspicuous landmarks, so as to admit of its being readily identified when the lines of survey come to be extended. 5. Attention is called to the terms of this declaration (Form 4-274, p. 291), which are such as require a personal knowledge by the entrymen of lands intended to be entered. The required atlidavit can not be made by an agent nor upon information and belief, and tlle register and receiver must reject all applications in which it does not appear that the entryman made the averments contained in tlhe sworn declaration upon his own knowledge derived from. a l)ersonal examination of the lands. The blanks in the declaration must be filled in with a full statement of the facts of his acquaintance witl the land and how lie knows its character as alleged. Said declaration must be corroborated by tle aflidavits of two reputable witnesses who are acquainted witll tlhe land 1and with the applicant, and who must clearly state their acquaintance with the premises, and the facts as to the condition and situation of the land upon which they base their judgment (Form 4-074, p. 293). 6. Applicants and witnesses must in all cases state their places of actual residence, tlheir business or occupations, and their post-office addresses. It is not sufficient to name tlhe county and State or Territory where a party lives, but the town or city must be named, and if a residence is in a city the street and number imust be given. TlIe register and receiver will note the post-office address on their tract books. 7. Tlhe (leclaration and corroborating affidavits may be made before the register or receiver of the land district or before any commissioner of thle United States district court having jurisdiction over the county or parish in which the land is situated, under act of May 28, 1896 (29 Stat., 184, Appendix No. 70, p. 242), or before the judge or clerk of any court of record of such county or parish; andt if tlhe lands are in an unorganized county, then the affidavits may be made in an adjacent county. In the Territories the proof may be made before a United States court commissioner, as provided by act of March 2, 1895 (see Appendix No. 64, p. 239). (Act of May 26,1890,26 Stat. L., 121; Appendix No. 38, p. 213; circular June 25, 1890, 10 L. D., p. 687; and Secretary's decision of October 2,1890, case of Edward Bowker, 11 L. D., 361.) The depositions of applicant andl witnesses in making final or yearly proof must be taken in the same manner. The affidavits of applicant and witnesses must in every instance, either of original or yearly or final proof, be made at the same time and place and before the same officer. 8. When proof of the character of the land has been made as above required to the satisfaction of the district officers, the applicant will pay the receiver the sum of 25 cents pler acre for the land apl)lied for, the register will receive and file his declaration, and the register and receiver will jointly issue, in (ll)licate, a certificate (Form 4-199, p. 294), acknowledging the receipt of the money paid and showing the filing of the declaration, one of which will be delivered to thie applicant, and the other filed by the register and receiver with the declaration and proof. These certificates will be numbered in the order issued, and the register will keep a record thereof showing the number, date, amount paid, TITLE TO PUBLIC LANDS. 43 name of applicant, and description of the land applied for, in each case of original entry, and in addition he will note the same upon his plats and records as in cases of ordinary entries. A similar record will be kept of the yearly proofs made and the maps or plans filed from time to time, ud(er the fifth section, and the yearly proofs and plans will be forwarded to the (eneral Land Office by special letter. At the end of each month an abstract of the declarations filed and certificates issued ulder this act (luring the month will be transmitted, accompanied by tlhe declarations, plans, and proofs filed, and the retained copy of certificate in each case. On final proofs and payment being made according to tlhe sixth and seventh sections, a final certificate and receipt will be issued. In ex parte cases, the entryman's right to the land will not be passed upoln until the submission of final proof. (See Andrew Clayburg, 20 L. D., 211.) 9. Surveys of desert-land claims call not be made in advance of the regular progress of the public surveys. After a township has been surveyed the claiim must 1)e adjusted to the liles of the survey. Final proof on entries made prior to August 1, 1887, can be made without publication of nlotice to (do so (9 L. D., p. 672). Publication of notice of intention to make final proof must be made in all cases of entries instituted since that time. When the land has not been surveyed the notice must contain a description of the land as nearly as possible without a suivey, by giving, with as much clearness and precision as possible, the locality of tlhe tract with reference to the already established lines of survey, or to known and conspicuous landmarks, so as to admit of its being readily identified. When final proof has been submitted on an entry upon nmsurveyed land, if no objections exist, tlhe register and receiver will approve the same and forward it to this office without collecting the purchase money and without issuing the finial papers. When the land shall have been surveyed they will require the party to make proof, in the forim of an affidavit, corroborated, showing the legal subdivisions of his claim. When this lhas been done they will correct their records to make them describe the land by legal subdivisions, and if the proof submitted to this office has beein found satisfactory, and if no objection exists in their office, will issue final papers upon payment of the amounts due. (Circular of April 20, 1891, 12 LJ. D., 376.) 10. Persons manking desert land entries must chquire a clear right to the use of sufficient water for tlhe purpose of irrigating the whole of the land, and of keeping it l)ermanently irrigated. A person who makes a desert-land entry before he has secured a water right does so at his own risk; and as one entry exhausts his right of entry, such right can not be restored or again exercised because of failure to obtain water to irrigate the land selected by him. 11. The source and volume of the water supply, how acquired and how mnaintained, the carrying capacity of the ditches, and the number and length of all ditches on each legal subdivision of the land must be specifically shown. Applicant and witnesses must each state in full what has been done in the matter of reclamation and improvement, and by whom, annd must eachl answer fully and of their own personal knowledge the questions propounded in the final proof depositions. They must state specifically whether they at any time saw the land effectually irrigated, for without knowledge thus derived the fact of reclamation remains a matter of conjecture. (Case of Charles H. Schick, 5 L. D., 151.) 12. The whole tract and each legal subdivision if surveyed for which 44 TITLE TO PUBLIC LANDS. proof is offered must be actually irrigated. If there are some high points or uneven surfaces which are practically not susceptible of irrigation, the nature, extent, and area of such spots must be fully stated. In this connection the right to the water used, the quantity of it, tile manner of its distribution, and the permanence of the supply are all to be taken into consideration. (Case of George Ramsey, 5 L. D., 120.) 13. Before finial proof shall hereafter be submitted by any person claiming to enter lands under the desert land act, such person will be required to file a notice of intention to make sucl proof, whicli shall be published in the same manner as required in homestead and preemption cases. 14. Contests maybe instituted against desert-land entries for illegal ity or fraud in the inception of the entry, or for failure to comply with the law after entry, or for any sufficient cause affecting the legality or validity of the claim. Contestants will be allowed a preference right of entry for thirty days after notice of the cancellation of the contested entry in the same manner as in homestead and preemption cases, and the register will give the same notice and be entitled to the same fee for notice as in other cases. 15. When relinquishments of desert-land entries are filed in the local land office, the entries will be canceled by the register ald receiver in the same manner as in homestead, preemption, and timber-culture cases, under the first section of the act of May 14, 1880. (21 Stat. L., 140; Appendix No. 15, p. 174.) 16. Nothing herein will be construed to have a retroactive effect in cases where the official regulations of this l)epartment in force at the date of entry were complied with. Parties whose entries were made under the laws and regulations which prevailed prior to the passage of the act of March 3,1891, will not be ilnjuriously affected in their rights by any provisions of the last-lmentioned act. But where a party elects to perfect anl entry made prior to the date of the act under the provisions of the amended act, due compliance witl the amended act must be shown. He must show an expenditure of not less than $3 per acre in the manner provided by said act, and that one eighth of the land has been cultivated. Assignment may also be Inade of an entry made prior to March 3, 1891, to tile extent of the whole amount of land entered irrespective of the restriction prescribed in the seventh section, limiting the amount to be held by assignment or otherwise to 320 acres, but no assignee of such entry to acquire more than 640 acres (see case of David B. Dole, 3 L. 1)., 214). But assignees of entries made prior to said act must perfect the entry under the provisions of the act of March 3, 1891. NOTICE TO DELINQUENT CLAIMANTS. In a number of cases persons who lhave initiated claims to public lands under the desert-land act of March 3, 1877, have allowed the limitation provided by the statute to expire without making the finaal proof of reclamation of the land and the finial payment as required by that act; therefore, in all suclh cases which nlow exist or which may hereafter exist, the registers and receivers will notify the parties of their noncompliance with the law, and that ninety (lays from date of service of notice will be allowed to each of them within which to show cause why their claims should not be declared forfeited and their entries canceled. TITLE TO PUBLIC LANDS. 45 TIMBER AND STONE LANDS. Tlie act of June 3, 1878 (20 Stat. L., 89; Appendix No. 6, p. 165), provides for the sale of timber lands in the States of California, Oregon, Nevada, and Washington, and the act of August 4, 1892, section 2 (27 Stat. L., 348; Appendix No. 51, p. 231), extends the provisions of the former act to all the public-land States. 1. The quantity of land which may lawfully be acquired under said acts by any one person or association is limited to not exceeding 160 acres, which must be inl one body. (See case of Daniel J. Jleyfran, 19 L. D., 512.) 2. The land must be valuable chiefly for timber (or stone) and unfit for cultivation if the timber were removed. 3. It must be unreserved, unappropriated, and uninhabited, and without improvements (except for ditch or canal purposes) save such as were made by or belong to the applicant. 4. Lands containing valuable deposits ol gold, silver, cinnabar, copper, or coal are not subject to entry under this act. 5. One entry or filing only cait be allowed any person or association of persons. A married woman may be permitted to plurchase under said act, provided the laws of the State or Territory in which the entry is made permit a mnarried wvoman to purchase and hold real estate as a feme sole; but il addition to the proofs already provided for she shall make affidavit at the time of entry that she purposes to purchase said land with her separate money, in which her husband has no interest or claim; that said entry is nlade for her sole and separate use and benefit; that she has made no colltract or agreement whereby any interest whatever therein will inure to the benefit of her husband or any other person, and that she has never made an entry under said act, or derived or had any interest whatever, directly or indirectly, in or from a former entry made by any person or association of persons. 6. A person ~applying to purchase a tract under the provisions of this act is required to make affidavit before the register or receiver that he has made no prior application under this act; that he is by birth or naturalization a citizen of the United States, or has declared his intention to become a citizen. If native born, parol evidence to that fact will be sufficient; if not native born, record evidence of the prescribed qualification must be furnished. The affidavit must designate by legal subdivisions the tract which tile applicant desires to purchase, setting forth its character as above; stating that the same is unfit for cultivation, and valuable cliefly for its timber or stone; that it is uninhabited; contains no miling or other improvements, except for ditch or canal purposes (if any exist), save such as were made by or belong to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent does not apply to purchase the same on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title he may acquire from the Government of the United States shall inure in whole or in part to the benefit of any person except himself. 7. Every person swearing falsely to any such affidavit is guilty of perjury, and will be punished as provided by law for such offense. In addition thereto, the money that may be paid for the land is forfeited, and all conveyances of the land, or of any right, title, or claim thereto, are absolutely null and void as against the United States, 46 TITLE TO PUBLIC LANDS. 8. The sworn statement before the register and receiver required as above (section 2 of the act) must be made upon the personal knowledge of applicant, except in the particulars in which the statute provides that the affidavit may be made upon information and belief. 9. The register or receiver will in every case read this affidavit to applicant, or cause it to be read to himn in their presence, before he is sworn or his signature is attached thereto. 10. The published noticet required by the third section of the act must state the time and place when, and name the officer before whom, the party intends to offer proof; which must be after the expiration of the sixty days of publication (circular of September 5, 1889, 9 I. D., 384), and must also contain the names of the witnesses who are to testify. (See case of Sarah L. Bigelow, 20 L. D., 6.) 11. The evidence to be furnished to the satisfaction of the register and receiver at time of entry, as required by the third section of the act, must be taken before the register or receiver, and will consist of the testimony of claimant, corroborated by the testimony of two disinterested witnesses. The testimony will be reduced to writing by the register or receiver upon the blanks provided for the purpose, after verbally propounding the questions set forth il the prlinlted forms. The accuracy of aftiant's information and the bolla fides of the entry must be tested by close and sufficient oral examination. The register and receiver will especially direct such examination to ascertain whether the entry is made in good faith for the ap)propriation of the land to the entryman's own use, and not for sale or speculation, and whether he has conveyed the land or his right thereto, or agreed to make any such conveyance, or whether he has directly or indirectly entered into any contract or agreement in any mallner with any person or persons whoinsoevel by which the title that may be acquired by the entry shall inure, in whole or in part, to the benefit of any person or persons except himself. They will certify to the fa ct of such oral examination, its sufficiency, and their satisfaction therewith. 12. Attention is called to the instructions of this office of August 19, 1884, addressed to the register tand receiver at lHumboldt, Cal. (3 L. 1)., 84), in respect to scrutiny of applications and entries, the examiniation of parties and witnesses, and the duty of the local officers in accepting, rejecting, and reporting such applications and entries; and all registers and receivers will strictly follow and be governed by said instructions. 13. The entire proof must be taken at one and the same time, and payment must be made at the time of offering proof. Proofs will il no case be accepted in the absence of a tender of the money; and the register's certificate will in no case be given to the party or his attorney, but must be handed directly to the receiver by the register; and no note will be made uporl the plats or tract books until the receiver's receipt has been issued. The proof, certificate, and receipt must in all cases bear even date. 14. When an adverse claim, or any protest against accepting proof or allowing an entry, is filed before final certificate has been issued, the register and receiver will at once order a hearing, arid will allow no entry until after their written determination upon such hearing has been rendered. They will report their final action in all protest and contest cases, and transmit the papers to this office. 15. After certificate has been issued, contest, applications, and protests will be submitted to this office, as in other cases of contest after final entry. 16. Contests may be brought against timber and stone land applications or entries, in accordance with rule 1 of Rules of Practice, either TITLE TO PUBLIC LANDS. 47 by an adverse claimant or by any other person, and for any sufficient cause affecting the legality or validity of the filing, entry, or claim. 17. In case of an association of persons making application for an entry under this act, each of the persons must prove the requisite qualifications, and their names must appear in tile sworn statement, as in case of an individual person. They must also unite in the regular appllication for entry, which will be made in their joint names as in other cases of joint cash entry. The forms prescribed for cases of applications by individual persons may be adapted for use in applications of this class, and the sworn statement as to the character of the land may be made by one member of the association upon his personal knowledge. 18. No person who has made an individual entry or application can thereafter make one as a member of an association, nor can any member of an association mnaking anl entry or application be allowed thereafter to make an individual entry or application. 19. Applicants to make timber-land entries, and claimants and witnesses making final proof, must in all cases state their places of actual residence, their business or occupation, and their post-office address. It is not sufficient to name tile county and State or Territory where a party lives, but the town or city must be named; and if residence is in a city, the street or number must be given. DISPOSAL OF INDIAN LANDS UNDER SPECIAL STATUTES. OSAGE INDIAN TRUST AND DI)IINISHED-RESERYVE LANDS. The Osage Indian trust and diminished-reserve lands are subject to sale according to tile general principles of the preemption laws, and the special provisions of the act of May 28, 1880 (21 Stat. L., 143; Appendix No. 1if, p. 174). See also tenth section act of March 3, 1891 (26 Stat. L., p. 1095; Appendix No. 41, p. 221). Claimants are required to file a declaratory statement within three months from date of settlement and to make proof and payment within six montls froml date of filing. This proof must be made, after notice by publication, before the officers autlorized to take proof in preeimption cases and must show that the claimant is a qualified preemptor and an actual settler onl the land at the date of application to enter. Six months' continuous residence next preceding (late of proof is not an essential requirement, but it is essential that the settlement be shown to be actual and bona fide. Paylment for tlese lands must be made inl casl at the rate of $1.25 per acre, and may be made by installments, one-fourth the purchase price when proof is lmade, the remainder ill three equal annual installments, with interest on the deferred payments at the rate of 5 per cent per annum. Section 3 of the act of May 28, 1880, provides that when default in payment of any installment of the purchase money, when it becomes due, continues, the land may be offered at public sale, after advertisement, unless before the date fixed for the offering payment of the whole purchase lrice is completed. Any land so offered and remaining unsold to be thereafter subject to sale at private entry as prescribed in said section 3. After payment of the first installment of purchase money has been made the lands are subject to taxation according to the laws of the State of Kansas. Payment of the remaining installments must be made by the entryman or in his behalf; and patents can be issued to entrymen only. 48 48 TITLE TO PUBLIC LANDS. By hunig Osage declaratory statements in accordance with the act of May 28, 1880, the right of preemption to such or any other land's is exhausted if the filings are valid anid capable of being perbected into complete title. CILIPPEWA CEDED LANDS, MINNESOTA. The act of January 14, 1889, sections 4, 5, and 6 (25 Stat. L., 642), mnakes provision for the disposal of such lands of the Chjipp~ewa Inidianl reservatiotis, Minnesota, as mtay be ceded lby thie 1Inliaiis llnilel said act. The examination of saidd lands is now in pr-ogress ini afc-cordance with time provisions of the statute, but it clan niot be deter-mined at this time when the same will be completed. HOMESTEADS IN OKLAHOMA TERRITORY. The lands in Oklahoma Territory, ait pres~ent opell to homestea(1 set. tiement and enitry, excelpt the '- 11tublic Lanid Strip," wvere:edled to thnv United States by the Indians, for whose occupancy the lanlds were. formerly res-ervedl. The acts of Cong-ress ratifying and accepting the several. ces-sions, contanlcel provisions for the (lisl)osal of the lanids, and in addition sectioins -18 to 215, inclusive, of the lact of May 2, 1890 (.26 Stat. L., 81; App~lendix No. 37, 1). 209), inadle provisions applicable to all the lands in the Ter-ritory. The statutes above referred to,and the tracts to which they refer are as follows: Sectionis 12,181,1, and 15, act of' March 2,1889 (25 Stat. L., 1004 to 1006; Appenidix No. 3-5, p). 2.104), lands ccde(d by the Muscogee, or Creek, and the Seminiiole, ladians; section 7, act of Febrntary 13, 1891 (26 Stat. L., 759), lands cc-ed(1 by the S-ac anid Fox anid the Iowa Indians; section 16, act of Mlarchm 3, IP`91 (216 Stkat. L., 1026), lands ceded by the Absentee Shawvnee, the.Pott-awatomnie, and the Chieyennle and Arapahioe Indians; section 8'), act of March 8y, 1593 (27 Stat. L., 563; Applenidix No. 46~, P). 228), lands ceded by the Kickapoo Iidi~fans; anld sections 10 to 1-4, incelusive, act of March 3, 1893 (27 Stat. L., 640 to 645l), lands ceded by the Cher-okee, the Tonikawa, and the Pawnee, Indians. The homestead laws atied regulations coIntaiiicd in this circular (see pages 11. to 36, inclusive, 83 to 94, inclusive, antdl 153 to 1571, inclusive) will govern in the allowancme of entries fow these lands excel)t as modified by the statutes mentioned in the fbllowing particulars: RESTRICTION AS TO OWNESIILI11 OF LANI). No person who shall. at time time be seizedl ine fee simple of 160 acres of land iii any State or Territory will be entitled to enter land in Okla. homa Territory (sec. 20, act May 2, 1890). This restriction differs from the general restriction of a similar character found in time act of March 3, 1891, and therefore the preliminary lolnesteadl affidavit (Forin 4-063, 1). 275) has becin amended by striking ouit the wordIs "m ore than" fromn the clause "41 am not thme prop)rietor of more tlmamm 160 acres of land in any State or Territory," and this,amended forim must be used in all homestead emitries in Oklahoima. SECOND 11OMESTEAD) ENTRIES. The rule stated on page 19 of this circular, under the title "1Only one homestetad privilege to the same person permitted," is so modified as to admit of a, homestead entry being made by anyone who, prior to TITLE TO PUBLIC LANDS. 49 the passage of the act of March 2, 1889 (25 Stat. L., 1004), had made a homestead entry, but failed from any cause to secure a title in fee to the lalld embraced therein, or who, having secured such title, did so by what is known as the commutation of his homestead entry prior to the date of said act (see sec. 2301, U. S. R1ev. Stat., p. 155, and statement oi1 page 24 of this circular, under the title "Commutation of homestead entries "). A person desiring to make another entry under this provision will be required to imake affidavit to the facts necessary to entitle him to (lo so under the laws and rules, designating in the affidavit his former entry by description of the land, number and (late of entry, with the name of the land office where nmalde, or othler sufficient (lata to admit of readily identifying it on the official records, which affidavit the register and receiver will transmit with the other entry papers to this office. Tills provision is held to be applicable to all lands in Oklaholma Territory (see case of William T. I)ick, 1!) L. D., 540). By the special provisions of the acts of February 13,1891 (26 Stat. L., 759), and IMarch 3, 1893 (27 Stat. L., 563), second homestead entries may be mla(le unlder like conditions when the first entry was liade, or, if commuted, when the title was perfected lrior to February 13, 1891, as regards Sac and Fox an(l Iowa lands, and March 3, 1893, as regards Kickapoo lands. IParties who lave perlected title to formler homestead entries under special laws or under the 1)rovisions of section 2291, Revised Statutes, are not entitled to lmake secoLl( d homestead entries under these provisions, -as it is limlited to parties who comlmuted their former entries under section 2301, levised Statutes. (See case of James M. Clark, 17 L. D., 4(.) With regrard to persons miaking homestead entries and failing to acquire title thereunder, or commuting them, after the p)assage of said act of March 2, 1889, or as regards the Sac and Fox and Iowa and the Kickapoo lands after lFebruary 13, 1891, or March 3, 1893, respectively, the rule stated on page 19 of this circular as to second homesteads is ol)erative and will be enforced in relation to these lands as well as others. SOLDIERS' ANM1) SAIL(ORS' ADDITIONAL ENTRIES. The statutes provide for the disposal of these lands except tlme lands in what was known as the "Public Land Strip," now Beaver County, "to actual settlers under the homestead laws only," and whlile providing that "tlhe rights of honorably discharged Union soldiers and sailors in the late civil war, as defined and described in sections 2304 and 2305 of tlle Revised Statutes (see p. 156 of this circular), shall not be abridged," make no menltion of sections 2306 and 2307 thereof, under which soldiers and sailors, their widows and orphan children are permitted, with regard to the public lands generally, to make additionlal entries in certain cases, free from the requirement of actual settlement on the entered tract (see pp1. 29 and 156 of this circular). It is therefore held that soldiers' or sailors' additional entries can not be made on these lands under said sections 2306 and 2307 unless the party claiming will, in addition to the proof required on pages 29 and 156 of this circular, nlake affidavit that the entry is made for actual settlement and cultivation, according to section 2291, as modified by sections 2304 and 2305 of tile Revised Statutes, and the prescribed proof of compliance therewith will be required to be produced before the issue of final certificate. This restriction, however, is not applicable to the lands in what was known as the "Public Land Strip," as said lands are subject 3073 4 50 TITLE TO PUBLIC LANDS. to disposal under the general homestead laws (except sec. 2301, Rev. Stat.), including said sections 2306 and 2307, United States Revised Statutes. ILLEGAL ENTRANCE UPON THESE LANDS. It is provided in relation to all of the tracts so far opened to settlement in Oklahoma Territory, except the "Public Lalnd Strip," that any person entering upon and occupying aIny tparticular tract prior to the time said lands were opened to settlement by proclalmation of the President should never be permitted to enter any of said lands or acquire any right thereto. The several tracts were opened to settlement and entry at 12 o'clock noon (central standard time) on the dates specified below: The Muscogee or Creek and Seminolo lands, under act of March 2, 1889.Apr. 22,1889 Sac and Fox lands. -.......................................... Sept. 22,1891 Iowa lands........................................................... Sept. 22, 1891 Absentee Shawnee and Pottawatomie lands.......................Sept. 22, 1891 Cheyenne and Arapahoe lands.................................. Apr. 19, 1892 Cherokee Outlet lands......................Sept. 16, 1893 Tonkawa lands....................................................... Sept. 16,1893 Pawnee lands................... Sept. 16,1893 Kickapoo lands................................................ May 23, 1895 Each homestead applicant will be required, first, to make; afidavit, in addition to other requirements, that lie did not violate the law by entering upon or occupying any portion of tle lands embraced in the former reservation which included the particular land covered by his application prior to the time fixed by the President's proclamation for legal entrance thereon. This affidavit should be of Form 4-102 (1). 276), modified by tle insertion of the appropriate dates of the 1)roclamation, and opening where necessary. ENTRIES MUST EMBRACE CONTIGUOUS LAND. The provision in section 20 of the act of May 2, 1890 (26 Stat. L., 81), that all homestead entries for lands within said Territory shall be in square form as nearly as may be, has reference to tile purpose and intent of the homestead laws generally, contemplating entries by quarter sections, which are in square form, when this is practicable, but not requiring it as an absolute rule, and permitting entries to be made of different tracts to make up the full quantity allowed and intended to be entered. When this is the case it is required that the tracts shall be contiguous to each other, so as to form one body of land, although not in strictly square form, and in such cases the ruling to that effect should be applied as given on page 88 of this circular. SETTLERS ON THE " PUBLIC LAND STRIP." Actual settlers at the date of the act upon the lands known as the ' Public Land Strip," now embraced in Beaver County, are allowed the preference right to enter the lands upon which they have settled under the homestead laws, but they are not permitted to receive credit for more than two years' residence prior to the date of the act of May 2, 1890. (See sec. 18, p. 209.) COMPLETION OF TITLE. Title to the lands opened to settlement on April 22, 1889, and to the lands mentioned in the last preceding paragraph may be perfected under sections 2291 or 2305, United States Revised Statutes, without the pay TITIE TO PUBLIC LANDIS. 51 ment of any sum except the final homestead commissions and the expense of making proof; but an additional payment is required for all other lands in said Territory hereinbefore mentioned, whether proof is made under section 2291 or section 2305, United States Revised Statutes, or under oneof the special statutes tobe mentioned hereafter. Attention is directed to pages 14, 22 alnd 83 of this circular for inifor ation as to proof under said sections 2291 and 2305, United States Revised Statutes. No homestead entries for any of the lands inl said Territory are subject to commutation under the provisions of section 2301, Ullited States Revised Statutes, but they may be commuted for town-site purposes under the special provisions of section 22 of the act of )lay 2, 1890. (See p. 54 of this circular.) It is provided in section 20 of tile act of May 2, 1890 (26 Stat. L., 81), tlat ' "no patent shall be issued to any person who is not a citizen of the United States at the time of making flinal proof; " tlerefore, if tile party submitting proof is foreign born, lie will be required to fiurnish evidence of naturalization the s;ame as in final proof, under sections 2291 or 2305, United States Revised Statutes. The act of May 2, 1890, section 23, reserves public highways 4 rods wide "between each section" of land in the Territory, but lprovides that no deduction shall be mlade where cash ptaymlents are provilded for in the purchase money on account of such reservation. In all cases whlere a party avails himself of the privilege of securing title to the tract embraced in his entry, as hereinafter mentioned, before he is competent to submit proof under sections 2291 or 2305, United States Revised Statutes, unless he commutes for town-site purposes, he will be required to file withl his proof an affidavit tliat no part of said lands is occupied, required, or intended for town-site purposes. (Form 4-102c, p. 276.) MUSCOGEE O(t CREEK AND SEMINOLE LANDS. Settlers on these lands may obtain patenit therefor twelve months fiom date of locating 1upon said homestead by showing a compliance with all the laws relating to such homestead settlement alnd paying for the lands so entered at tile rate of $1.25 per acre (sec. 21, act May 2, 1890), or they may, as before stated, obtain patent without additional payment by making proof under sections 2291 or 2305, United States Revised Statutes. SAC AND FOX AND IOWA LANDS. Settlers on these lands ]lave the option of obtaining a patent therefor at the expiration of twelve months from the date of settlement upon the homestead, or they may make proof and receive patelt at any time thereafter and before the expiration of the statutory period for naking proof; but in either case they will be required to pay the suml of $1.25 for each acre of tlie land embraced in the homestead entry in addition to the fees provided by law. (Sec. 7, act February 13, 189)1.) ABSENTEE SHAWNEE, POTTAWATOMIE, AND CHEYENNE AND ARAPAHOE LANDS. The act of March 3, 1891, providing for the disposal of these lands, made no provision for the completion of title earlier than could be done under the provisions of sections 2291 anld 2305, United States Revised Statutes, and required a payment within five years from the date of 52 TITLE TO PUBLIC LANDS. the original entry of $1.50 per acre for the land, in addition to the fees provided by larc,, one-half of which was required to be paid within two years from the date of tlhe entry. By the act of October 20, 1893 (28 Stat. L., 3; Appendix No. 47, p. 229), Congress extended the time for the first payment for one year, and by the act of March 2,1895 (28 Stat. L., 901; Appendix No. 65, p. 239), the time was further extended so that the first payment may be made at any time within five years from the (ate of the entry. In case of default in making any payment when due, the register and receiver will notify the entrylnan of that fact, aInd that, if the payment shall not be made within sixty days thereafter, steps will be taken looking to the cancellation of the entry. Upon the expiration of tile time allowed by such notice, they will report the status of the entry to the General Land Office for appropriate action. Should any party tender the money required to be paid for said lands after the time it is due and before final cancellation of the entry, the sanme will be received by the register and receiver and a report thereof made by special letter to the General Land Office. (See Edward Uhlig, 12 L. D., p). 111.) The mere fact that a party has not paid the purchase money within the prescribed time should not be regarded as sufficient ground upon which to base a contest where there is no allegation of failure to comply with the settlement and cultivation requirements of the law. The act of October 20, 1893, in addition to extending the time for the first payment, provided that any settler on these lands "who has coimplied with all the laws relating to such homestead settlement may receive a patent therefor at the expiration of twelve months from the date of locating upon such homestead upon payment to the United States of one dollar and fifty cents per acre for the land." Applications to purchase under this provision will be made upon Form 4-001 (p. 271). KICKAPOO LANIS. The provisions for completion of title and for payment of the first installment of the purchase money, both as to time and amount, are the salme as those relative to the lands above mentioned of the Absentee Shawnee, Pottawatomie, and (Cheyenlne and Arapahoe Indians, except as regards the extension of time within which to make the final payment and the provision for commutation contained in the act of October 20, 1893, but the right of commutation was extended to settlers thereon by the act of April 11, 1898 (30 Stat., 354). Attention is directed to the instructions given in the preceding statement as to the Absentee Shawnee, Pottawatomie, and Cheyenne and Arapahoe lands, which are applicable to these lands except in the two particulars indicated. CHEROKEE OUTLET, TONKAWA AND PAWNEE LANDS. No provision was made by the act of March 3, 1893 (27 Stat. L., 612), under which these lands were opened to settlement, for the commutation of homestead entries except for town-site purposes (see p. 54 of this circular). Each settler on said lands is required by said statute, before receiving a patent for his homestead, to pay for the lands taken by him, in addition to the fees provided by law, the sum of $2.50 per acre for any land east of 97~ degrees west longitude, the sum of $1.50 per acre for any land between 97~ degrees and 981 degrees west longitude, and the TITLE TO PUBLIC LANDS. sum of $1 per acre for any land west of 98J degrees west longitude, and also to pay interest upon the amount so to be paid for said land from the date of entry to the date of final payment therefor at the rate of 4 per cent per annum. By the act of August 15, 1894, section 19 (28 Stat. L., 336; Appendix No. 55, p. 234) tlle right of commutation was extended to all bona fide homestead settlers on these lands after fourteen months from the date of settlement, upon the full paymlent for the lands at the prices provided in the act of March 3, 1893 (supra). Applicants to commute their homestead entries under sail provision will be required to show compliance with the homestead law for fourteen months from the date of settlement aid to the date of proof; and if foreign born, to furnish evidence of naturalization, tlhe same as in five-year 1)roof, under section 20, act of May 2, 1890 (2(6 Stat. L., 81). They will be required to pay for the'land, as provided in the tenth and thirteenth sections of the act of March 3, 1893 (27 Stat. L., 640), tlle same as though they were making five-year proof, excepting the regular final homestead commissions, blt no additional payment for the privilege of commvutattion will be req uired. The interest required to be paid will be computed from the (late of entry to tlle date of final payment, as required by statute, and where the proof is miade outside of the land office and transmitted by mail it must be acconmpanied by a sufficient sum to meet the interest computed to the date when tlhe receiver's receipt is issued. Tile proof and final affidavit in such cases will be made nl)on the regular homestead blanks, modified as tlhe circumstances require, and in each case must be accompanied by an affidavit of Form 4-102c (p. 276), properly modified. ADDITIONAL EXTENSION OF TIMIE. In a(ddition to the acts of Congress extending the time for payment referred to in the foregoing statement regarding ceded Indian lands in Oklahoma, are the three following making still furtler extensions: Act of June 10, 1896 (29 Stat., 342), extending the tihme for one year additional in favor of settlers on all ceded Indian reservations. Act of June 7, 1897 (30 Stat., 87), making a further extension of one year on all ceded Indian reservations. Act of July 1, 1898 (30 Stat., 595), further extending thle time in all such cases to July 1, 1900. PUBLIC LAND STRIP. Under the provisions of section 18 of' tle act of May 2, 1890 (26 Stat. L., 81), title may be perfected to these lands under the general homestead laws (except sec. 2301, U. S. Rev. Stat.) without tlhe requirement of any payment other tlhan the fees required by law. The right of commutation withheld by said act was, by the act of October 20, 1893 (28 Stat. L., 3; Appendix No. 47, p. 229), extended to these lands in a modified form, so that homestead settlers who have complied with all the laws relating to homestead settlement may receive a I)atent at the expiration of twelve months fiomn the date of locating upon the homestead, by paying $1.25 per acre for tlhe land embraced in the homestead entry. For information as to the mode of procedure in making proof and payment see the remarks relative to completion of title to Absentee Shawnee, Pottawatomie, and Cheyenne and Arapahoe lands, under the same law, pages 51-52. 54 TITLE TO PUBLIC LANDS. COMMUTATION OF IIOMESTEAD ENTRIES FOR TOWN- ITE PURPOSES. All applications to commute homestead entries, or portions thereof, to cash entries, at the rate of $10 per acre, for the purpose named in the twenty-second section of the act of May 2, 1890 (26 Stat. L., 81; Appendix No. 37, p. 209), will be made through the district land office, addressed to the honorable Secretary of the Interior and transmitted to the Commissioner of the General Land Office, in accordance with the following regulations: 1. Entries under said section must be mlade according to the legal subdivision of the land,:nd no application for a less quantity than is embraced in a legal subdivision or for land involved in any contest will be received. 2. An entryman desiring to commute his homestead entry, in whole or in part, for town-site purposes shall present his application (Form 4-001, p. 271) at the local land office of the district in which his land is situated, and if his application and the status of his homestead entry are found to be in accord with tile foregoing requirements, the register and receiver will permit himl to make publication of notice of his intention to submit commutation town-site proof in accordance with the law herein referred to. The notice of intention to make proof as above provided shall be the same in all respects as that required of a claimant in making final homestead proof, with the addition that it shall state that said proof will be made under section 22 of the act of May 2, 1890. 3. Proof in accordance with the published notice, consisting of the testimony of the claimant and two of the advertised witnesses, must be furnished relatingFirst. To evidence that the tract sought to be purchased is required for town-site purposes. Second. To the observance by the entryman of the provisions of the law and of the President's proclamation under which settlement on the land sought to be purchased became permissible. Third. To the claimant's citizenship and qualifications in all other respects, as a homesteader, the same as in making final homestead or commutation proof. Fourth. To due compliance with all the requirements of the homestead law by the claimant up to the (late of submitting proof: Proof of publication of notice must also be furnished as in ordinary cases. 4. At the time of submitting proof, as provided in the preceding paragraph, the entryman shall file therewith triplicate plats of the survey of the land applied for, duly verified by the oaths of himself and the surveyor. Such plats shall be made on tracing linen and on a scale of 100 feet to 1 inch; they shall be provided witll a margin sufficient to contain the oaths of the entryman and the surveyor and the approval of the Secretary of the Interior; they must state the name of the city or town, describe the exterior boundaries thereof according to the lines of public surveys, exhibit the streets, squares, blocks, lots, and alleys, and must specifically set forth the size of the same, with measurements and area of each municipal subdivision; and if the survey was made subsequent to May 2,1890, the plats must also show that the provisions of the first proviso of the section of the act under consideration have been complied with, viz, the setting apart of " reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than 10 nor more than 20 acres." TITLE TO PUBLIC LANDS. 55 5. It is of the utmost importance that all plats of town sites should be correct. The size of each lot should be stated, and if the lot is irregular in shape the width at eaclh end should be indicated; the width of each street and alley should be marked, and the dimensions, together with the area of the reservations and parks, indicated. Whenever an entry is made adjacent to a town already in existence the streets must conform to the streets already established; and this must be stated in the affidavit of the surveyor. The affidavit of the surveyor shall also contain a statement of what tract of land is surveyed as the town site and that the tracts reserved for public purposes contain the requisite amount of land. The affidavit of the party applying to make the entry shall embrace the statemnent that the application to enter the described tract of land as the town site of - is made under the provisions of the second proviso to sectiol 22 of the act of May 2, 1890, entitled " An act to provide a temporary government for the Territory of Oklahoma," etc., that all streets, alleys, parks, and reservations are dedicated to public use and benefit, and that the plat is correct according to the survey made by the proper surveyor. 6. At the time of submitting proof and( filing the triplicate plats the claimant slhall tender to the receiver the purchase price of the land applied for, exclusive of the portions reserved for parks, schools, and other public purposes (which are to be patented as a donation to thle townl whell orglanized as a municipality, for the specific purposes for which they were reserved), payment to be made by draft on lNew York made lpayable to the order of the Secretary of the Interior, at the rate of $10 per acre for that portion of thle lanid actually entered. The register and receiver will thereupon transmit the proof and triplicate plats to this office for examination and the approval of the Secretary of tlhe Interior, together with tlle application to make entry and their joilt report as to the stantus of the land applied for, and at the same time tley will transmit to tlhe Secretary of the Interior the draft tendered in payment for the land, making references iu eacl letter to the otlher. 7. When the proof and triplicate plats are received by this office, if found to be regular and in accordance witll these regulations, they will be forwarded to the Secretary of the Interior with recommendation that tle plats be approved. Should the triplicate plats be approved, and receipt of the purchase price of the land be acknowledged by the Secretary, one of said approved plats will be retained in this office and the other two will be returned to the district land office with directions to the register to issue final certificate for the land embraced in said approved plats (exclusive of the lands to be donated and maintained for public purposes as heretofore provided). Receipt of the purchase money having been acknowledged by the Secretary of the Interior, no fiinal receipt will be issued by the receiver. One of the approved plats returned to the register and receiver will be retained in their office and the other they will deliver to tlhe applicant to be by him filed and made of record in the office of the recorder of deeds of the county in which the town is situated. 8. Upon the issuance of final certificate the register and receiver will note on their records the commutation of the applicant's homestead entry, in whole or in part, as the case may be. When patent is ready for delivery the entryman will be required to surrender his duplicate homestead receipt for transmittal to this office if the entire homestead entry is commuted, or to deliver the same to the register and receiver 56 TITLE TO PUBLIC LANDS. to have the commuted town-site entry noted( thereon and returned to the entryman if the homestead entry is collmutedl in part only, before said patent will be delivered. 9. The foregoing regulations will be observed in all cases in which the entry and claimant's application to commute for town-site purposes are free fronl protest, contest, or other adverse proceedilgs. But in all cases in which, at the tinme of subnmittiulg plroof, or plrior thereto, a protest or an afffidavit of contest is file(l, the register aid receiver will take approlpriate action oi suchl protest or contest ill accordalce withl thle prevailing p)ractice inl ordinary homestead, commuutat-iol, or final-l)roof cases before transmitting thle papliers to this office, and should such action be adverse to thle aplplicatioln to communnte, or favorable thereto, and an1 appeal be filed by thlle contestant, tl!ey will lot re(ullire telnder of the lpurchase price of the lllnd souglht to be purcllased for town-site purposes unntil they are advised of the, final determillnation of such protest or contest proceedings by this office or the Deplartmnent favorable to the application to plurchllase. 'When so advised they will require thle applicant to make imnlediate tenlder of' the lpurchase molley, whichl thley will transmil to tile Secretary of the Iterior ald ad(visec this office thereof as hereinbefore p)rovided. Protest or contest altidavits filed in tlhe (listrict land ofli(ce after tlhe transmittal of tlhe l)roof adl(l tril)licate plats to thlis office will llot be considlered by the register alid receiver but mnust be lr~)ml)tly transminitted to this office for appropriate action. After the ap)proval ot the tril)licate p)lats l)y tlhe Secretary ol' tlhe Interior i I)protes;t or contest relating thereto will be entertained by tlhe (district la(l oflice or tlhis office, but should one be filed with tlhe register an.d receiver it will 1)e forwarded to this office, to be transmnitted to th e Secretary o)f tlhe Interior for appropriate action. 10. In all contested cases the contestant will be required to file il tlhe district land office a sworn an(l corroborated statemeiit of lhis groulIls of action, and that the contest is not initiated for the l)purl)ose ot lharassing thle claimnant ai(l extorting money ir i' lii d ll11(ler a coml)romise, but in good faith to prosecute the same to a final determiination, an(i if tle allegations therein containted are consi(lered suflicielt to varrannt the ordering of a hearingtlhe same will be or(dere(l 1upo complliance by the contestant with the condition tllat lie shall (leposit a suflicieit sum to cover the cost thereof. Notice of actions or decisions in all matters afffecting an entry, or an application to commute for towei-site purposes, under tlhe foregoing instrIuctions, and tlhe proof thereof. shlall ) be thle same as in ordinary cases; an.d any person feeling aggrieved by tiejudgllmelt of tlhe register and receiver il such matters may, witlii thirty days from notice thereof, appeal to tlhis office. Within the tinge allowed for filig all appeal the appellant slhall serve a COl)y of tle same on the appellee, who will be allowed tell days froin such service within which to file his brief and argument. Appeals tfrom the decisions of thlis office lie to tlhe Secretary of tlhe Interior the,same as it otlher matters of like character, suclh appeal and service thereof to be filed within sixty days from notice of the decision of this office from which appeal is taklen, iln accordance witlh the Rules of Practice. Motions for review of the decisioms of thle district land office shall be filed and served within the time allowed for alpeal, anid motions for review of the decisions of this office amid of the Secretary of the Interior shall be filed and served within thirty days from notice thereof. TITLE TO PUBLIC LANDS. 57 11. The act under consideration provides that the sums received by the Secretary of the Interior for coimmuted town —site entries shall be paid over to the proper authorities of the municipalities when organized, to be used by them for school purposes only.. Before the money can be paid over there must be satisfactory eviden(ce that the municipality has been organized as required by tlhe laws of Oklahoma. In support of an ap)llicatiol by the proper lmunicipal officers for payment of the money deposited with the Secretary of tile Interior for a particular comnmuted town-site entry the following evidence shall be furnished: First. A duly certified copy, under seal of the order of the board of counlty comlmissioners, declariing that the slpecified territory shall. with tlhe assent of the qualified voters, be an incorporated town; also the notice for a meeting of tile electors, as required( by paragraph 5 of article 1, chapter 16, of the statutes of Oklahonma. Second. A like cert fied cop)y of the statcinent of the inspectors filed with tile board of counity comlmissionels, also a like certified copy of tlhe order of said board, declaring that tile town lias been incorporated, as provided by paragrapIh 9 of said article 1. Third. A like certified copy of the statement of tile inspectors, filed with tile county clerk, declaring wlio were elected to the office of trustees, clerk, i-marshal, assessor, treasurer, and justice of tlIe peace, as provided by laragraph)l 16 of said article 1. Fourth. A like certilied copy, by the town clerk, of thie proceedings of thle board of trustees electingp one of their number president; also a copy of thle qualifications to act, by each of the offlicers melltioned, as provided by paragraph 19 of said article 1. Fifth. A certified copy, by tlhe towi clerk. of tlhe proceedilngs of tlle board of trustees, designating some oflicer of the municipality to make ap)lication for and to receive the money to b)e l)aid by the Secretary of the I lterior. Sixth. A proper application for thle momney by said designated officer. Said application shlall be addressed to tlhe Secretary of the Interior and( may either be filed in the district land office fbr transmittal to this office or forwarded by the municipal authorities direct to this office. When the same is received by this office, if the application and accom1)anying evidence are ini accordance with the requirements herein mentioned, it will be transmitted to the Secretary of the Interior and when approved by himi tlhe money will be paid over to the designated officer to be used by the municipality for school purposes only as required. 12. When the towns herein l)rovided for are organized as municipalities, applications, acconip)anied by proof of municil)al organization similar to that provided in the preceding paragraplh, shall be made for )atelts for the reservations which the act iunder consideration provides shall be mnade for parks, schools, and other public purposes, and which are to be donated to the municipalities when (iduly organized as such. The application for patent shall be made by the mayor or other proper municipal authority; shlall be addressed to thle Secretary of the Interior, and shlall particularly describe the reservations to be patented according to thle a pproved plats of said town site. Said application shall be filed in the district land office, and if the register and receiver find the accompanying evidence of municipal organization and authority to make application to be in accordance with these regulations, the register will issue certificate thereon, of the prescribed form (p. 301). 58 TITLE TO PUBLIC LANDS. When such certificate is examined and approved by this office patent will issue in accordance therewith. The regulations of July 18, 1890 (11 L. D., 68), and subsequent modifications thereof, inconsistent herewith, are hereby revoked (19 L. D., 348). PUBLIC LANDS IN GREER COUNTY, OKLA. Special provision has been made for the disposal of the public lands in (Greer County, Okla., by acts of Congress of January 18, 1897 (29 Stat., 490, Appendix No. 73, p. 245), and March 1, 1899 (30 Stat., 966, Appendix No. 81, p. 258). Section 1 of the act of January 18, 1897, provides that every person qualified under the homestead laws of the United States who on March 16, 1896, was a bona fide occupant of land within the territory eStablished as Greer County, Okla., slhall be entitled to continue his occupation of such land with improvements thereon, not exceeding 160 acres, and shall be allowed six months' preference right fromn the passage of this act within which to initiate his claims thereto. Time extended to January 1, 1898, by amendatory act of June 23, 1897 (30 Stat., 105). By the act of Congress approved March 1, 1899, section 1 of the act of January 18, 1897, was so amended as to allow parties wlio have had the benefit of the homestead laws of the United States and who had purchased lands in said county from the State of Texas, prior to March 16, 1896, to perfect title to said lands according to the provisions of the act of January 18, 1897, provided that no adverse rights may have attached to such lands. A party desiring to make a homestead entry under this section must present his formal application with the usual affidavits, accompanied by the fee and commissions required in an entry of minimum land, and a special affidavit showing that he was, on March 16, 1896, a bona fide occupant of the land(l he applies to enter. Title may be perfected at the expiration of five years from date of entry or within two years thereafter under the provisions of the homestead law, or such person may receive credit for all time during which he or those under whom he claims have continuously occupied the land prior to March 16, 1896. Every such person shall also have the right for six months prior to all other persons to purchase at one dollar an acre, in five equal annual payments, any additional land of which he was in actual possession on March 16, 1896, not exceeding 160 acres, which, prior to said date, had been cultivated, purchased, or improved by him. A party wishing to avail himself of the above privilege must present his application to purchase (Form 4-001), together with the prescril)ed amount of purchase money for the land desired, which need not be contiguous to his homestead entry, together with evidence showing that he had prior to March 16, 1896, cultivated, purchased, or improved the same. Evidence of cultivation or improvement must consist of the affidavit of the applicants corroborated by the testimony of two or more witnesses, or, in case the claim is based on purchase, an abstract of title, or other documentary evidence showing the transfers under which the party claims as purchaser. No certificate can be issued until the entire amount of the purchase money shall have been paid, but the receiver will issue his receipt (Form 4-140a), properly modified, for the amount paid and deliver a duplicate thereof to the purchaser. When any person entitled to a homestead or additional land, as above provided, is the head of a family and though still living, shall not take such homestead or additional land within six months from the passage TITLE TO PUBLIC LANDS. 59 of this act, any member of such family over the age of 21 years, other than husband or wife, shall succeed to the right to take such homestead or additional land for three montlls longer, and aly such member of the family shall also have the right to take, as before provided, any excess of additional land actually cultivated or improved prior to March 16, 1896, above the amount to which such head of the family is entitled, not to exceed 160 acres to any one person thus taking as a member of such family. such family. Application for homestead or additional entry under this l)rovision must be made in the same manner as heretofore prescribed. Ini case of the deatlh of aly settler who actually established residence and made improvement prior to March 16, 1896, the entry may be made by the l)arty in interest, according to section 2291, United States Revised Statutes. Section 2 provides for the disposal of all land in said county not occupied, cultivated, or improved, as provided in section 1, or not included within the limits of any town site or reserve, to actual settlers only, under the provisions of the homestead law. Any person applying to make entry under this section prior to the expiration of the preference right grante(l by section 1 will be allowed to make entry, subject to any valid adverse right ulder said section 1, on filing his aflidavit that the land applied for is not occupied, cultivated, or iml)roved by any other person. Section 3 l)rovidcs tlhat tile inhabitants of any town located in said county shall be entitled to enter tlhe same as a town site under thle provisions of sections 2387, 2388, and 2389 of the Revised Statutes. Instructions relatirve to entry of town sites under said sections of the Revised Statutes arce found in circular of this office dated July 9,1886, (5 L. D., 265). Under the proviso to this section of the law the corporate autlorities of the town or the judge of the county court who shall enter the town site shall accord to all persons a preference right to the to\wn lots upon which they have made or own improvements. By section 4, sections numbered 16 and 36 are reserved for school purposes, as provided in laws relating to Oklahoma; and sections 13 and 33 in each township are reserved for ~uch purpose as the legislature of tle future State of Oklahoma may prescribe. That whenever any of the lands reserved for school or other purposes under this act, or under the laws of Congress relating to Oklahoma, shall be found to have been occupied by actual settlers or for town site purposes or homesteads prior to March 16, 1896, an equal quantity of indemnity lands may be selected as provided by law. Under sectiol 5, the right of entry to land within said county, which on March 16, 1896, was occul)ied for church, cemetery, school, or other charitable or voluntary purposes, not for profit, is givenl to the proper authorities in charge thereof. Ill each case the maximum area to be so entered is 2 acres. Sections numbered 16 and 36, within each township within said county, are reserved by section 4 of tlis law for school purposes, and are exempted from the operations of this section. It will not be practicable for the register and receiver to locate land applied for under this section with the certainty required for au entry. They will, then, upon the presentment of such an application, forward the same to this office for appropriate action. Section 7 provides that all laws authorizing commutations of homesteads in Oklahoma shall apply to Greer County. This makes applicable section 22 of the act of May 2, 1890 (26 Stat. L., 81), where the commutation of a homestead entry for town-site purposes is sought. 60 TITLE TO PUBLIC LANDS. Instructions relative to procedure under said section 22 of the said act are found in circular of this office dated November 30, 1894. (19 L. D., 348.) Commutation of homestead entries under section 7 of this act, except for town-site purposes, will be governed by the provisions of section 21, act of May 2,1890 (26 Stat. L., 81), which requires the payment of $1.25 per acre and proof of compliance with the homestead law for not less than twelve months from date of locating upon said homestead. Under the amendatory act the applicant, instead of stating that he has not had the benefit of the homestead laws of the United States, will only be required to state that he has not made a homestead entry of lands in Greer County, pursuant to the provisions of the act of January 18. 1897. Under the terms of this amendatory act, and the authority to prescribe regulations thereunder, a preference right for a period of six months from March 1, 1899, is extended to the class provided for in said act. (See 28 L. D., 274.) The affidavit of thle applicant under the amendatory act to the effect that no adverse rights existed to the lands applied for on March 1, 1899, will be sufficient upon which to allow the alpplication, if no claim therefor has been filed in the local office. The manner of making entry or purchase under the amendatory act and the cha racter of proof evidencing a- purchase from the State of Texas will be the same as that governing entry or purclhase under the act of January 18, 1897. DISPOSAL OF THE GREAT SIOUX INDIAN RESERVATION. Attention is called to the provisions of an act of Congress, approved March 2, 1889 (25 Stat. L., 888), entitled "An act to divide a l)prtion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other l)url)oses." (Appendix No. 33, p. 189.) The first six sections of said act set apart certain tracts for separate reservations. The seventh section provides for allotments to certain members of the Santee Sioux tribe of Indians upon tile reservation occupied by them in Nebraska; confirms all allotments to said Indians heretofore made upon said reservation, and provides for allotments, or payments in lieu thereof, to the members of the Flandreau band of Sioux Indians. The eighth, ninth, tenth, eleventh, and twelfth sections provide for the allotment in severalty of tlie lands embraced in the separate reservations established by the act, and for the p)urcllase and disposal by the United States of lands embraced tlhereiln at some future time. The thirteenth section provides that any Indian receiving and entitled to rations and annuities at either of the agencies menetioned in the act at the time the same shall take effect, but residing upon any portion of said Great Reservation not included in either of the separate reservations established by said act may, at his option, within a stated time, have the allotment to which he would be otherwise entitled on one of said separate reservations upon the land where such Indian may then reside. The registers and receivers are therefore directed to exercise every care and precaution to prevent the entry or filing for any lands in said Great Reservation which are in the occupancy of Indians entitled to allotments under the provisions of said act, which occupancy is to be protected to the full extent of the rights granted to the Indians therein. TITLE TO PUBLIC LANDS. 61 The occupancy and possession of the Indians are regarded as sufficient notice of their rights to all parties concerned. The registers and receivers are instructed to advise all parties intending to become settlers, either as agriculturists or under the town-site laws, of the extent of the rights of the Indians and of the impossibility of their acquiring rights in conflict therewith, and impressing on them the wrong and injustice of seeking to interfere with the Indians in their rightful occupancy of the lands, and that they can gain nothing thereby. Section 14 provides for regulations whereby the use of water necessary for agricultural purposes upon the separate reservations provided for by the act may be secured. Section 15 ratifies and makes valid all allotments of land taken within or without the limnits of any of the separate reservations established by this act, in conformity with the provisions of the treaty with the Great Sioux Nation concluded April 29, 1868. (15 Stat. L., 635.) Section 16 provides that the acceptance of the act shall release the Indian title to said Great Reservation, with the exceptions hereinbefore named, and also for certain railroad rights. Section 17 provides for schools, stock, and seeds for the Indians, p)unishment for trading with the Indians, and appropriation and expenditure of a permanent fund for the indians. Section 18 grants to religious societies, with certain limitations, any land in said (Great Reservation occupied for religious purposes. Said tracts are therefore reserved from disposal under the provisions of this act. Section 19 provides that tlhe provisions of the said treaty concluded April 29, 1868, not in conflict with the provisions of this act are continued in force, and section 20 provides for schoolhouses for the Indians. Section 21 restores to the public domain the Great Sioux Reservation, with the exception of American Island, which is donated to Chamberlain, S. Dak.; Farm Island, which is donated to Pierre, S. I)ak.; Niobrara Island, which is donated to Niobrara, Nebr., and the separate reservations described in said act, and provides for the disposal of said restored lands to actual settlers only, under the provisions of the homestead law, with certain modifications, and under the law relating to town sites. Provision is made that eaclh settler shall pay for the land taken by him, in addition to the fee and commissions on ordinary homesteads, $1.25 per acre for all lands disposed of within the first three years after the taking eftect of the act, and the sum of 75 cents per acre for all lands disposed of within the nlext two years following thereafter, and 50 cents per acre for the residue of the lands then und(isl)osed of. Said additional amount should not be collected when the original entry is made, but is required to be paid when final proof is tendered. The act was declared to be in full force and eilect by the President's proclamation of February 10, 1890. (Appendix -No. 34, p. 201.) The price which actual settlers are required to pay for said lands becomes fixed at the date of original entry, and any subsequent settler of land so entered and afterwards abandoned will be required to pay the same amount per acre as tlhe settler who made the first entry. The general rules and regulations as to the homestead entries will apply to entries on these lands, except such modifications as are required by the provisions of said act of March 2, 1889, as herein noted. The rule laid down on page 49 of this circular as to soldiers' and sailors' additional entries in Oklahoma is also applicable as to such entries for these lands. It was provided in said act of March 2, 1889, that section 2301 of the Revised Statutes should not apply to these lands; but by section 6 of 62 TITLE TO PUBLIC LANDS. the act of March 3,1891 (26 Stat. L., 1095), the provisions of said section 2301 as thereby amended were made applicable to said lnlds, with the proviso that settlers should not be relieved from any paymlenlts thus required by law. Entries for these lands may therefore be commuted ill accordance with the rules given on page 24 of this circular, and upon the paymlent of any further sum required by law, including final hoimestead commissions. Under the act of March 3, 1899, persons who prior thereto settled on the Sioux Indian lands opened to settlement by the act of March 2, 1889, may secure patents for the lanld etibraced within their entries by making the payments required by section 21 of said act of 188), without further payment, whether the proof and payment be malde il fourteen months or five years from the date of settlement. In allowing town-site entries upon these lands the regulations contained in the circular of instructionls relative to town sites oil public lands of July 9, 1886 (5 L. 1)., 265), will govern. Registers and receivers are instructed to report filings lndl eutries upon said lands in a separate, distinct, and consecutive series, and on separate abstracts, commencing with number one in each series, and report and account for the lmoney received on account thereof' ill seplrate monthly and quarterly returns. Provision is also made in said section 21 of this act for the purchase by the Government of the lanlds unsold at the elnd of ten years from the taking effect of the act, for tlme reservation of highways Laround every section of said lands, and for the removal of Indians froml tile islands named in the section. Section 22 provides for the disposition of the proceeds of sales ot said lands. Section 23 provides for entry, under the homestead, preemption, or town-site laws, within ninety days after the taking effect of the act, by parties who, between February27, 1885, and April 17, 1885, entered upon or made settlements with intent to enter the same, under said laws, upon certain lands of said Great Reservation therein named; but such settlers are required to comply with the laws regulating such entries, and, as to homesteads, with the splecial plrovisions of the act, before obtaining title to the lands, and preemption claimants are required to reside on their lands the same length of time before procuring title as homestead claimants under this act. Each applicant, under the provisions of this section, will be required to show by affidavit, corroborated by two witnesses, that he is (J ualified to make entry under said provisions, giving in full all the facts in connection with his alleged entry or settlement between said dates. Section 24 reserves sections 16 and 36 in every township of said lands for the use and benefit of the public schools, and therefore no entries or filings upon said sections canl be allowed. Section 25 appropriates money for the survey of said lands; section 26 provides that all expenses for the survey, platting, and disposal of said lands shall be borne by the United States; section 27 appropriates money to pay for ponies taken from the Indians; section 28 declares the method by which the act shall become effective; section 29 appropriates money to be used in obtaining the assent of the Indians to the provisions of the act, and section 30 repeals all acts or parts of acts inconsistent with the provisions of the act. TITLE TO PUBLIC LANDS. 63 "RESERVOIR LANDS" IN WISCONSIN AND MINNESOTA DISPOSED OF UNDER SPECIAL ACT. The act of Congress approved June 20, 1890 (26 Stat. L., 169; Appendix No. 39, p. 211), entitle(l "An act to authorize the President of the United States to cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain subject to entry under the homestead law, with certain restrictions," made provision for thle entry of lands so restored. The statute, by its terms, did not take effect until December 20, 1890. No entry for or settlement upon said lands could be allowed before that date, and the lands were made subject to entry under the homestead law only. (See "Homesteads," p). 11 et seq.) Any person applying to enter or file for a homestead on said lands was required first to make affidavit, in addition to other requirements, that lie did not violate the law by entering upon and occupying any portion of said lands prior to December 20, 1890, the affidavit to accompany the official returns for the entry allowed. (Form No. 4-102a, p. 285.) RIGHTS OF SETTLERS WITHIN RAILROAD LIMITS UNDER ACT OF JANUARY 13, 1881. Settlers within railroad limits who have purchased from a railroad company lan1ds in railroad sections which are afterwards for any cause restored to the public domain are entitled to make entry of tlhe lands so occupied by them, under the general provisions of the settlement laws. If they have exhausted their homestead, plreemption, and timberculture rights, they are allowed, under the act of January 13, 1881 (21 Stat. L., 315; Appendix No. 22, p. 180), to purchase from the United States within three months after restoration, at $2.50 per acre, not exceeding 160 acres of land, whicl they settled upon and improved with the expectation of purchasing from the company. Every person al)plyilg to make entry under the act of January 13, 1881, must make and subscribe the following affidavit: I,, of -, claiming the right to enter the - of section-, township r, range --, under the provisions of the act of (ongress approved January 13,1881, entitled "Au act for the relief of certain settlers on restored ra ilroad lands," do solemnly -- that I was an actual settler on said tract at the time of the restoration thereof to the public domain of tlhe United States, to wit, on the -day of -, 18-; that prior to snid time I ha.l made valuable and permanent improvements on the land; that my settlement was imade in good faith and with the permission or license of the -- Railroad Company, and with the expectation of purchasing said land from said colmpany, and that I am not entitled to enter and acquire title to said land under the preemption, homestead, or timber-culture laws of tie United States for the reason that --; and that my improvements on said land at the date of the restoration thereof to the public domain consisted of-. The foregoing affidavit may be made before the register or receiver or any officer authorized to administer oaths in the county in which the lands are situated. It must be supported by satisfactory evidence that the settlement was made with tle permission or license of the railroad company, and with the expectation of purchasing the land from said company. The testimony of two competent witnesses will be required, showing that applicant's settlement was made prior to the restoration of the land, and stating the value and extent of his or her improvements. (Circulars of January 28, 1881, and April 30, 1886.) 64 64 TITLE TO PUBLIC LANDS. ADJUSTMENT 0? RAILROAD GRANTS AND DISPOSAL OF LANDS WITHIN RAILROAD LIMITS UNDER SPECIAL ACTS, lin reference to the acet of Congress of MKarch 3, 188.7 (24 Stat. IL., 556; Appendix No. il1, p). 185), providlitg for the immediate adjustment, by the Secretary of time Interior, of lamld grants for railroads, with provK. Sions in flavor of acttual settlers and of innmocent purchasers fronit the railroad companiies, lin cases indicated therein, alm( in a.ccordance with prescr'ibedl priiicipl1es, the following instructions were, issued by the Secretary to the Comnnissioner of the General Land Office, November 22, 1887 (6 L. 1)., 276): The act of March 3, 1887, authorizes an~d directs the Secretary of thme Interior to itniediately adjust, in accordanice, with the, (lecisiolls of the Supreme Court, cacti of thme railroad land grants niade by Con gress to aidi in the constructiomi of r~ailroads, and heretofore unadjusted. The second section. of saidl act providesThat if it shall iappear, uepont the coniipletioii of such adritustmeiets respectihily [respectively], or sooner, that hinds have been, fronit anly cautse, heretoforo erroneously certified or patenited. by thlio United. States to or for the usfe or benefit of tnity cinpany claih.uiig by, through, or undi~eu grant from thle Unititei Stat es, to aidl iii the contrutio ofarilradit shall lie the dlulty of the Secretary of the Initerior to thereupon demneii front such company a reliuiquishmeut or recoiuveyance to the United. "States of all Such lanlds, whether withiui grantedt or hii~euiiuity limits; nted if such compeny shall wglect or fa-il to so recotlvv such. haniis to the -united States -within niniety day s after the aforesaid demiand shall] be iiadle, it shiall thereuipoui be the duty of the Attorney-(Geniera-l to coiiiueice andi piroaeunto ini the proper coinrts the necessary proceeding-s to (-cancel all pateui-ts, certification, or others evidence of title heretofore issuted for such lands, and to restore the title thereof to the United States.'I The provis-on contained in this section coiifers no greater power upon01 the Secretary of time Interior titan lie possessed before the p)assage of that act, and which froin time to time hias beeit exercisedl by that official in recommuendling to time Attoriiey-Geineral that, suits be brought to caim1 -eel patemits appearing to have beeui erroneously certified or patented for the benefit of' aniy railroad comup)aiiy. The purpose of time e was to mtake that Inan(Iatory which before rested in the discretioli of'the Secretary in the (exeincise of' his aulthority over time Jptlblic, landis. Ileretof'ore the Secretary of' time Jiiterior nmight recomlmendt anid reqluest the Attorney-General to institute suits for the (cancellation of Ipatenlts wvhich, in his jundgmen t, were erroneously issued for the benefit of any railmoad company under its grants, amid the Attorniey-Greneral, in thel exercise of' his authority, might grant or tefuse snclt request as in bmisjudgmenet inight scent p~roper'; bitt under time act above referred to, wheimeNer it shall appear upon the conmpletion of the adjustment of aniy railroad lantid graitt, or sooner, that any lattds have been erroneously certified or patetnted for time benefit of saidl comipanly, it is made time imperativre dtitty of thme Secretary of thme JInterior to dem-and of said company a relfinquishmetit or reconveyance to the lUnited States of all such lands; and if the company neglects or fails to reconvey the, satne it shall thereupon be the duty of the AttorneyGemmeral to commence anid prosecute, itt the proper courts necessary procee(1111g5 to cancel time patents for said lands, and to restore the title thereof to thme IUnited States. Therefore, if in the adjustment of the gramit of any road it should appear from the records lin your office that aumy lands withimi either the granted or indemnity limits of such road have been erroneously certiSee page 70 as to amendatory act of March 2, 1896. TITLE TO PUBLIC LANDS. 65 fied or patented for the benefit of such colmpany, either from an improper adjustment of the limits of said grant or from the erroneous canlcellation of any filing or entry, or from any cause whatever, you will report such facts to the Department for action thereon, stating fully and specifically the grounds upon which it is supposed such tracts were errolteously certified or patented and whether said tracts are within the granted or indemnity limits of said road. The third section of said act providesThat if, in the adjustment of said grants, it shall appear that the homestead or preemption entry of any bona fide settler has been erroneously canceled on account of any railroad grant or the withdrawal of public lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with the public land laws: Provided, That be has not located another claim or made an entry in lieu of the one so erroneously canceled: A ndprorided also, That he (lid not voluntarily abandon saia original entry: And prorided f'lrther, That if any of said settlers do not renew their application to be reinstated within a reasonable timle, to be fixed by tle Secretary of the Interior, then all such unclaimed lands shall be disposed of under the puiblic land laws, with priority of right given to bona tide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residing thereon. This section does not embrace any lands that have been certified or patented to tlhe company, but has reference solely to lands the right and claim to which has heretofore been adjudicated in favor of the company as against the right of a settler upon said lands, and which are still under the control and jurisdiction of the ) Department. The object and purpose of this section is to correct all decisions made by the Department or the General Land Office where it shall appear in the examination of any land grant heretofore unadjusted that the homestead or preemption entry of a bona fide settler was erroneously canceled. In such case a final decision of a former or the present Secretary is not only no longer a bar to the further consideration of the question decided, but it is made the duty of the Secretary to readjudicate the case, notwithstanding the former decision, whenever it appears that the preemption or homestead entry of any bona fide settler has been erroneously canceled on account of any railroad grant or of withdrawal of public lands from market. In the adjustment of each grant to aid in the construction of railroads, the Commissioner of the General Land Office will make report upon all preemption and homestead entries of bona fide settlers that may in his judgment appear from the records to have been erroneously canceled either because the land is within the limits of the railroad grant or because it has been withdrawn for indemnity purposes for said road, provided the right to the tract has been decided in favor of the company, and forward said report to the Department for consideration and action thereon, stating fully and specifically as to each particular tract, the grounds upon which he may determine that said preemption and homestead entries were erroneously canceled, and the right to the land erroneously decided in favor of the company; and upon filing said report he will cause notice thereof to be given to both parties, advising them that said case will be held by this Department for thirty days before action, during which time they can make such showing as they may desire. If in such report he should determine that the preemption or homestead entry of any bona fide settler has been erroneously canceled and the right to the land adjudged in favor of the railroad and his decision ' thereon shall be sustained by the Department, after due notice the land will then be subject to disposal as provided for in said section; 3073 —5 66 TITLE TO I'JBLIC LANDS. that is, the settler whose entry was erroneously canceled will be notified of his right to make al)llicationl to be reinstated il all his rights, an(l if sucli settler slall make such application within a reasonable time, to be fixed by the Secretary of the Interior in suchl notice, lie shall be reinstated inl all his rights: Provided, That he shows affirmatively that lie has not located another claim or made an entry in lieu 0o the oie so erroneously can!zeled, and that he did not voluntarily abandoni said original entry. If said settler should fail to lnake applica tion within the time required, and to show that lie has not located another claim or made an entry in lieu of the one so erroneously canceled, and that he did not voluntarily abandon said original entry, then all such unclaimed lands sliall be disposed of under the public land laws, with priority of right given to bona fide purchlasers of said unclaimed lands, if any, and if there be no such p)urchasers, then to bona fide settlers residing thereon. The bona fide purchasers here referred to are those wlo, without knowledge of wrong or error, I;ave purchased from the railroad companly lllnds which had been previously entered by the p)leemllption or homestead settler, whose entry lias been erroneously canceled as described in the first clause of tle third section, and wliich land the preemption or homestead settler (lid not elect to clain after recovery by the proceedings prescribed by the second section of the act. As to the lands which have been erroneously certified or patented to the company (being the lands referred to in the second sectionl), the fourth section of the act provides for tile disposal of such of those lands as may have been sold ly the company to citizens of the United States or persons who have declared their intention to become such citizens, upon the following conditions: After said lands shall have been reconveyed to the Government or the title to the same recovered, the class of persons above referred to so purchasing in good faith, their heirs or assigns sliall be entitled to the lands so purclased upon making proof of such purchase at the proper land office within such time and under such rules as may be prescribed by the Secretary of tle Interior, after the grants respectively shall have been adjusted, and patent shall issue to such persons, which shall relate back to the original certification or latenting. The section then provides that tlie Secretary of the Interior shall demand of the company paymient for said lands of an amount equal to the Government price of similar lands, and in case of the neglect or refusal of the company to make payment thereof within ninety days after demand, the Attorney-General shall cause suits to be brought against the company for said amount. Under the act the purchaser of such lauds from the company may recover from the company the purchase money paid by him less the amount paid by the company to the United States. A mortgage or pledge of said lands by the company is not a sale within the meaning of the act. The object of this section is to confirm to the purchaser the title to the lands therein referred to upon making proof of such purchase, and that the purchaser has the qualifications required by the act without requiring of the purchaser any further payment to the Government of the purchase price of said lands.' The fifth section of said act reads as follows: That where any said conpany shall have sold to citizens of the United States or to persons who have declared their intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of such company, said lands being the See page 70 as to amendatory act of February 12, 1896. TITLE TO PUBLIC LANDS. 67 numbered sections prescribed in the grant, and being coterniinous with the constructed parts of said road, and where the lands so sold are for any reason excepted fron the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupoi patents shall issue therefor to the said bonla lide lpurchaser, his heirs or assigns: I'rovided, That all lands shall be excepted fronm he provisions of this section which at the date of such sales were in the bona fidle occupation of adverse claimants under the preemption or liomestead laws of the United States, and whose claims and occupation have not since been voluntarily abandoned, as to which excepted lands the said preemption and homestead claimants shall be permitted to perfect their proofs and entries and to receive patent therefor: Provided, further, That this section shall not apply to la(nds settled upon siibsequent to the 1st day of December, 1882, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the samel as aforesaid shall be entitled to prove up and enter as in other like cases. Under this section, whlen the company has sold to citizens of the United States or persons who have declared their intention to become such citizens, tlme numbered sections prescribed in the grant and coterminous with the constructed portions of the road, within either the granted or indemnity limits, aid which uponl tlhe adjustment of the grant are shown to be excepted from the operation of the grant, it shall be lawful for such purchasers (if their purchases are bonal fide) to purchase said lands from tlhe Government by payment of tlhe Government price for like lands, unless said lands were at tlhe date of purchase in the bona fide occupation of adverse claimants under tlme preemption or homestead laws, in which case the preemptor or homestead claimant may be permitted to perfect his proof unless he has since voluntarily abandoned the land. Under the last proviso of said section, however, if a settlement was made on said lands subsequent to December 1, 1882, by persons claiming the same under the settlement laws of the United States, it will defeat the right of the purchaser, whether said purchase was made prior to or subsequent to December 1, 1882, and the settler will be allowed to prove up for said lands as in other like cases. The sixth section provides that when any such lands have been sold and conveyed as the property of the company for State and county taxes, and the grant to the company has been thereafter forfeited, tlle purchaser at such sale shall have the preference right for one year from the date of the act in which to purchase said lands from the United States by paying the Government price for said lands, provided said lands were niot, previous to or at the tinme of the taking effect of such grant, in the l)ossession of or subject to the right of an actual settler. The seventh section provides: That no more lands shall be certified or conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it slhall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to which such State, corporation, or individual would be rightfully entitled. The following instructions under tlhe act of Congress approved March 3, 1887 (24 Stat. L., 556), were issued February 13, 1889 (8 L. D., 348): TnlE FIRST SECTION directs that all railroad land grants not adjusted heretofore shall be adjusted immediately, that is, without unnecessary delay. The duties thereunder pertain to the General Land Office and Department of the Interior. THE SECOND SECTION provides for the recovery by the United States of title to lands which from any cause have been erroneously certified or patented "to or for the use or benefit of any company" on account of a railroad grant, whenever tile fact may be ascertained that a certificate or patent has been erroneously issued, and prescribes the duties of the Secretary of the Interior and Attorney-General in conneotion therewith. 68 TITLE TO PUBLIC LANDS. TIIE TIIIRD SECTION provides "that if il tile adjustmllent tof said grants it sh1all appear that the homestead or preemption entry of ally lona fide settler hias been erroneously canceled on account of any railroad grant, or the withllrawal of public lands from market, such settler, upon application, slhall be reinstated in all his rights, and allowed to perfect his entry by collmplying with the public land laws: Prorided, That lie has not located another claim or made an entry in lieu of the one so erroneously canceled: And providea also. That he did not voluntarily abandon said original entry: Anld proiided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the Secreta;ry of the Interior, then all such unclailmed lands shall be disposed of under the public land laws, with priority of right given to bona fide purchasers of said unclaimed land, if any; and if there be no such purchasers, then to bona fide settlers residing thereon." Three classes of persons are provided for under this section. First. Bona fide settlers whose homestead or preemption entries have been erroneously canceled on accolint of a railroad grant or withdrawal. Second. Bona fide purchasers of such unclaimed lands. Third. Bona fide settlers residing thereon. The rights of the several classes to the lands referred to in the section are successive in the order stated in the section. The first in right is the homestead or preemption settler whose entry has been wrongfilly canceled. If he elects to assert his right, alld has not been disqualified by locating another claiml or making another entry in lieu of the entry erroneously canceled, his right is absolute, anid the successive rights of the remaining two classes can not attach if lie lawfully asserts his claim. If he fail to claim the land, or is disqualified un(ler the act, tile seconid class of persons, who are the bona fide purchasers of the land unclaimled by him, attach, and have precedence over the third class. The bona fide purchasers here referred to are those who, without knowledge of wrolg or error, have purchased from the railroad company lands which have been previously entered by a preemption or homnestead settler, whose entry has been erroneously canceled, as described ill tlhe first clause of the third section, and which land the prcenmption or homestead settler did not elect to claim after the recovery by the proceedings prescribed by tlme second section of the act.-Attoriley-General's Opinions, November 17, 1887 (6 L. 1)., 272). Parties of the first class desiring to avail themselves of the benefits of this sectioll should present their applications without unnecessary delay, after notice of intention as required by the act of March 3, 1879, in preemption and homestead cases. The application must in every instance lbe accompanied by proof showing1. The facts respecting the date of the applicant's settlement, duration of residence, and value of improvements ipon1 thle land. 2. Whether he has located any other claim under any of the laws of the United States authorizing settlements upon public lands. 3. Whether he has abandoned the land embraced in his canceled entry or filing; if so, the causes which led to the abandonment. 4. Whether any other person or persons are residing upon the land. 5. That such persons as may be so residing upon the land have been notified of tlle intention of the claimant to apply for the reinstatement of his filing or entry, and the manner of giving such notice nust be shown. Should an adverse claiiant appear to dispute or contest the right of reinstatemenlt, proceedings will be had in accordance with Rules of Practice as in ordinary contests. While the act contains no provision relative to persons whose Celtries or filings have not been canceled, but whoso lands have been certified or pat ented oni account of railroad grants, it follows as a matter of course that their rights should lbe protected, and the mode of procedure in such cases will lie the sname as in the cases where callcellation has been made, except that the parties should apply to mlake fiial proof and payment instead of for rcinstatemcent of entry; but in such case proceedings will be deferred until the title has been restored to the United States, a:s provided by section 2 of the act. The instructions of Noveimber 22, 1887, under this section, are hereby modified in accordance with the foregoing. Proceedings on applications by parties of the second class will be governed by instructions under the fourth section. Applicants of the third class will be required to sublnit evidence, in addition to that relating to their own settlement or claims, showing whether thero are persons of the first or second class residing upon, in possession of, or claiming lands. TIIE FOURTH SECTION relate;o to all lands which have been erroneously certified or patented on account of railroad grants, except those mentioned in the third sectioni, and by the grantee company sold to citizens or to persons who have declared their intention to become citizens of the United States; and provides that after the title to such lands has been restored to the United St:ates as contemplated by the second section of the act, persons who have purch;sed sl.ch land in good faith, their heirs or assigns, shall be entitled to the lands upon mnalkiig lproof at the proper land office, whereupon patents shall issue relating back to the date of the original certification TITLE TO PUBLIC LANDS. 69 or patenting, and the grantee company will be required to pay the United States for such lands at the price at which other similar lands are legally held by the Government. The purchaser from the company is not debarred by the act from recovering from the company the anlount of purchase money paid ly him, less the amount paid by the company to the United States for the land. A mortgage or pledge of such lands is not a sale within the intention of the act. No forfeiture is declared by this act against any land grant for conditions broken ( Ind no entry is authorized for lands legally within such grant), but no rights of the Uinitel States on account of breach of conditions are waived by the act. An applicant for land under this section will be required to publish notice of intention to make proof as in preemption and homestead cases, and the proof must show1. That he is or has declared his intention to become a citizen of the United States. 2. That he is a bona fide purchaser from the company or some person claiming title under it, and the character of the instrument conveying the land to him. 3. The amount of purchase money paid to the company. 4. What part, if' any, of the purchase money paid to the company has been refunded to him or any person acting as his agent. 5. Whether he has instituted proceedings against the company for the recovery of any portion of the purchase mloney; if so, for what portion. 6. The value and character of the improvements, il any, made or acquired by him upon the land. 7. Whether there is any person of the first class under the third section entitled to the right of entry under the preemption or homestead laws. UTpon the submission of s;atisfictory proof as prescribed above the register will issue certificate in duplicate, numbered in the regular cash series, with annotations thereon showing tlhat the entry is allowed without payment under the fourth section of the act of March 3, 1887. (24 Stat. L., 556.) TIiE FIFTH SlECTION relates to lands within the limits of railroad grants, coterminous with constructed portions of the lines of road, not conveyed on account of, but excepted from, the grants. Under this section, when the company has sold to citizens of the United States or persons who have declared their intention to become such citizens, the numbered sections prescribed in the grant and coterminous with the constructed portions of the road, within either tlme granted or indemnity limits, and which upon the adjustment of the grant are shown to be excepted from the operation of the grant, it shall be lawful for such purchasers (if their purchases are bona lide) to purchase said land from the Government by payment of the Goverllnment price for like lands, unless said lands were at the date of purchase in the bona. fide occupancy of adverse claimants under the preemption or homestead laws, in which case the preemptor or homestead claimant may be permitted to perfect his proof, unless he has since voluntarily abandoned the land. Under the last provxiso of said section, however, if a settlement was made on said lands subsequent to Decembler 1, 1882, by persons claiming the same under the settlement laws of the United States, it will defeat the right of the purchaser, whether said purchase was made prior or subsequent to ])ecelbcer 1, 1882, and the settler will be allowed to prove up for said lands as in other like cases. Applicants to purchase under this section will be required to publish notice of intention as directed by instructions under the third and fourth sections, and the proof must show1. That the tract was of the numbered sections prescribed by the grant. 2. That it was coterminous with constructed parts of said road. 3. That it was sold by the company to the applicant, or one under whom he claims, as a part of its grant. 4. That it w:.s excopted from the operation of the grant. 5. That at the date of said sale it was not in the bona fide occupancy of adverse claimlants under the preemption or homestead laws, whose claims and occupancy have not since been voluntarily abandoned. 6. That it has not been settled upon subsequent to the 1st day of December, 1882, by any person or persons claiming the right to enter the same under the settlement laws. 7. That the applicant is, or has declared his intention to become, a citizen of the United States. 8. And that lie, or one under whom he claims, was a bona fide purchaser of the land from the company. The proof upon these points being found satisfactory, the entry will be allowed and the usual (ash certificate and receipts will be issued( thereon reciting the fact that the entry is in accordance with the fifth section of the act of March 3, 1887. (24 8tat, L., 556.) 70 TITLE TO PUBLIC LANDS. No entry will be allowed iiuder this section until it shall have been finally determined by this Department that tlhe land was excepted from the grant. THE SIXTH SECTION )rovides that when any such lands have been sold and conveyed as the property of the couml)any for State andl county taxes, and the grant to the company has been thereafter forfeited, the purchaser at such sale shall have the p)reference right for one year froll tile date of this act, anld no longer, in which to l)prchase said lands from the United States by paying tlhe Government price for said lands, provided sa.id laulds were not previous to or at the time of the taking effect ot such grant in the possession of or subject to the rights of an actual settler. The period prescribed by the statute for plresenting applications under this section having expired, instructions as to methods of l)roced(ure are deemed unnecessary. THE SEVENTH SECTION authorizes the Secretary of the Interior to refuse to certify or convey lands on accolllt of any railroad grant where it shall appear to him that to do otherwise would give to the grantee more lands than the granting act con templated giving. The protection granted to settlers by the last; proviso to section 5 of thlis act is restricted to those persons who in good faith settled upon the land subsequent to December 1, 1882, and prior to the passage of the act, in ignorance of the riglts or equities of others in the premises. (11 L. D., 607.) By act of Congress of March 2, 1896 (29 Stat., 42; Appendix No. 67, 1. 240), the tilme within which suits might be brought to vacate patents erroneously issued under a railroLad or wagonl-road grant, as limiteld by section 8 of tile act of March 3, 18)91 (26 Stat., 1093), was extended to five years froml the date of said act of March 2. 1896, if theretofore issued, and if tlereafter issued to six years from the date of issue, with the additional provision tliat Io patent to lany lands held by a bona fide purchaser shall be vacated or annulled, but tlhat the right and title of such purchaser is confirmed, suit in such case to be instituted against the corporation for the value of the land, which in no case shall be more than the minimum Government price thereof. The word "purchaser," as used in the act of March 2, 1896, includes ole who, ulder a subsisting contract of purchase made in good faith, lolds lands erroneously patented or certified on account of a railroad grant, ald title is confirmed in such a I)urchaser by said act, even though he may not have made all the l)aymelts called for under said conltract of purchase. On application for confirmation of the title held by an alleged bona fide purchaser, if such application for confirmation embraces land which was covered by a homestead or preemption entry that has been erroneously canceled on account of the railroad grant, such entryinan will be notified and( given opportunity to apply for reinstatement under section 3, act of March 3, 1887. By the previous act of February 12, 1896 (29 Stat., 6; Appendix No. 66, p. 240), section 4 of the act of March 3, 1887, was amended by adding thereto the following proviso, viz: l'rovided farther, That where such purchasers, their heirs or assigns, have paid only a portion of the purchase price to the company, which is less than the Government price of similar lands, they shall be required, before the delivery of patent for their lands, to pay the Government a sum equal to the (liference between the portion of the Government price so paid and the Government price, and in such cases the amount demanded Irom the company shall be the amount paid to it by such purchaser. FOR THE RELIEF OF SETTLERS ON RAILROAD LANDS. By the act of Congress approved June 22, 1874 (18 Stat. L., 194), an inducement was offered to such railroad companies as may be found entitled to lands embraced in filings and entries by settlers to relinquish in favor of such settlers, and receive other lands in lieu of those surrendered. TITLE TO PUBLIC LANDS. 71 By the act of Congress approved August 29, 1890 (26 Stat. L., 369), the above mentioned act was amended. It appears to be the intention of this amendment to enlarge the class of calses in which relinquishment by the company will be permissible under the act of June 22, 1874, by removing the requirement that an entry or filing sllould have beenl allowed, thus aiding the adjustment of claims growing out of settlements made upon railroad lands subsequent to tile attachmneit of the rights of the companies under the grants. Upon the filing of a relinquishmlent under this act, it being shown that thle person in whose favor it is made is entitled to the right of homestead or preemption, and has resided upon and improved the land for a period of five years, the register and receiver will permit entry to be made as in the case of other public lands, it being held by this Department tlhat a relinquishment under tile act of June 22, 1874, releases the land from all claim of the company, and it thereby becomes subject to disposal under the general laind laws. (6 L. D., 716; 7 L. D., 481.) The right to select i(ldemnity under this act extends to any nonmineral public lands within the limits of the grant (18 L. 1., 275); but tlle acceptance of the relinquishment does not amount to an approval of the selection based thereon (8 L. D., 472), as a relinqluishment confers no right upon the company if tlhe land covered tlereby was, in fact, excepted from the grant. (10 L. l)., 264.) The relinquishment may be mlade by a simple waiver of claim when the land has not been certified or patented to, or for, the benefit of the company; but when the title has passed, formal reconveyance will be required. This act is not mandatory upon the companies, and confers no right upon the settler, as against the company, in the absence of a relinquishmlent. It simply provides a mode of adjustnment dependent upon the voluntary action of the companies, and it is hopIed that by a liberal and mutual spirit of' compromise all(l concessioni tile benefits intended for the settler may be made available. (11 L. D., 434.) The act of Congress of April 14, 1896 (29 Stat., 91), enacted that authority be, and is hereby, given the New Orleans Pacific Railroad to relinquish any lands withini the indemnity limnits of its grant, which by decision of the Land Department of the Government has been awarded it, in favor of any settler entitled to the right of entry under the laws of the United States who has been allowed to make entry thereof, or who has resided upon -and improved the samnle for five years, and to select in lieu thereof an equal quantity of other lands, from any of the public lands not mineral, and within the limits of its grant and not otherwise appropriated at the date of selection, to which it shall receive title the same as though originally granted. RELIEF OF SETTLERS ON LANDS IN SECOND INDEMNITY BELT, NORTHERN PACIFIC GRANT. The act of Congress entitled "An act for the relief of settlers on Northern Pacific Railroad indemnity lands," approved October 1, 1890 (26 Stat. L., 647; Appendix No. 41, p. 219), contains two sections. By the first section of the act the right is given to those persons who, after August 15, 1887, and before January 1, 1889, settled upon, improved, and made final proof under the holestead and preemption laws, for lands within what is known as the second indemnity belt of 72 TITLE TO PUBLIC LANDS. the grant for the Northern Pacific Iailroad, to transfer their entries to ally other va(cant Governnment land they may select, in compact form, and subject to entry under the homestead and preemption laws, and to receive final certificates aild receipts therefor, in lien of the entries heretofore made in said second indemnity belt, provided the transfer be made within twelve months from the passage of the act. In case of the death of any person so entitled, the transfer may be made by his legal representative. The right given is personal and can not be transferred, nor can tile transfer provided for in the act be made tlhrough tile intervention of an agelt or attorney; further, no transfer will be approved by tile Land l)epartment except where the proof made Ul)O1 the original entry shows a satisfactory compliance with law iii the matter of residence and implrovemenlt. When application is made for such transfer, thle register and receiver will require tlme appllicalt to make affidavit as to tle facts in relation to hlis former entry, and whetlher he has received tihe return of the fees and commlissions, or lpurchase money, paid ul)on said elltlry; alld il the event that he las received snch return they will require that lie make payment aiiew for the land to which the transfer is made. Thie second sectioll lrovidles for at similar transfer withini one year from the passage of the act, where persons, p)ossessimg the requisite qualifications undler the lhomestead or preemption laws, il good faith have settled upon and improved lands ill said second indemnity belt, having made filing or entry of tile same, and for any reason otherwise than voluntary abandonment, failed to make proof thereon. The entry or filing must have beei allowed within tlhe time specified in section 1. In making proof upon the tract to whicli the transfer is made, credit will be given for the period of bona fide residence and amount of im])rovemelts made upoi the tract heretofore elntered or filed for ill said second indemnity belt; but final entry will not be permitted except upon proof of continuous residence upon the land to which the transfer is made for a period of inot less than three months prior to the making of proof. Wlhen application is made for transfer under this section, the register and receiver will require that tlie party mllake affidavit as to the facts relative to the former entry or filing; and where tlie fees and commissions paid thereon have been returned, it will be necessary that lihe make payment anew before the allowance of the transfer. Said affidavit must be corroborated by at least two witnesses having knowledge in relation to thle party's residence and improvement upon the land from which tlhe transfer is sought, and should satisfactorily show a compliance with the requirements of law to the extent claimed, as the same will necessarily form a part of the final proof for the land to which the transfer is made. The corroborating affidavits may be made before any officer authorized to administer oaths. Final payment upon entries and filings transferred under this section will be made as under existing laws. (Circular of November 7, 1890, 11 L. 1D., 435.) Another act of Congress relative to Northern Pacific indemnity lands was approved June 3, 1896 (29 Stat., 245; Appendix No. 72, p. 244), as to which instructions were issued August 5, 1896, as follows, viz: The act contains three sections. By the first section those persons, their heirs or legal representatives, who between August 15, 1887, and January 1, 1889, settled upon and made final proof and entry for land within what is known as the second TITLE TO PUBLIC LANDS. 73 indemnity belt of the Northern Pacific Railroad grant, within the State of Minnesota, which entries, without their fault, were afterwards canceled, are allowed to make homestead entry of a quantity of unappropriated public lands, subject to homestead entry, equal in acreage to that embraced in the canceled entry, and to receive patent therefor without settlement, improvement, or cultivation; and those persons, their heirs or legal representatives, who, between the dates aforesaid, for six months settled upon, improved, and cultivated any land within said second indemnity belt with a view to homestead or preemption entry, who, being qualified, were not permitted to make such entries, are allowed to enter under the homestead laws a quantity of land, unappropriated and subject to homestead entry, equal to that settled upon, improved, and cultivated; and, when making proof and final entry, are entitled to credit for the settlement, improvement, and cultivation of said indemnity land. The entry authorized by this act must be made under the homestead law, and the fact that a claimant had previously made a homestead entry is no bar to an entry under it, provided lie was qualified to make the entry made or intended to be made of said indemnity land, such land being within the State of Minnesota, and that he has not since made entry under and obtained the benefit of the homestead law; and in the event of an application to commute, the law applicable to commutatiols prior to the amendment of Section 2301 of the Revised Statutes, by the act of March 3, 1891, will govern. Applicants of the first-class for entry under this section will be required to make affidavit as to the facts in relation to their former entries, and as to whether they have received back the fees and commissions or the purchase money paid upon such entries; and in case they have done so the register and receiver will require them to make payment for the land entered under this act. Applicants of the second class will be required to make affidavit as to the facts relative to their settlement, residence on, and improvement of the indemnity land aforesaid, and where entry or filing was made to facts in relation thereto; and where fees and commissions have been returned it will be necessary that payment be made for any entry made under this section. Said affidavits must be corroborated by at least two witnesses having knowledge of the facts set forth therein, and should satisfactorily show compliance with the requirements of the law to the extent claimed, as they will form a part of the final proof for the land sought. Under the second section persons entitled to homestead entries under the first section may make such entries of any of the agricultural lands embraced in the provisions of the act of Congress approved January 14, 1889 (25 Stat., 642), entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," upon payment of $1.25 per acre therefor. Under the provision of the third section the right of entry given by the act is personal and can not be transferred or assigned, but in case of death of the person entitled to enter, the entry may be made by his heirs or legal representatives; and no valid conveyance, sale, or transfer of the land entered can be made prior to the issue of patent. By the act of July 1, 1898 (30 Stat., 620), provisions were made to facilitate the adjustment of conflicting claims to lands within the limits of the Northern Pacific grant as follows: That where, prior to January first, eighteen hundred and ninety-eight, the whole or any part of an odd-numbered section, in either the granted or the indemnity limits of the land grant to the Northern Pacific Railroad Company, to which the 74 TITLE TO PUBLIC LANDS. right of the grantee or its lawful successor is claimed to have attached by definite location or selection, has been purchased directly from the United States or settled upoii or claimed in good faith by any qualified settler under color of title or clalin of right under any law of the United States or any ruling of the Interior l)epartment, and where purchlaser, settler, or claimant refuses to transfer his entry as here. iuafter provided, the railroad grantee or its successor ill interest, upon a proper relin(luislllment thereof, shall be entitled to select in lieu of the laud relinquished an equal lquantity of public lands, surveyed or unsurveyed, not mineral or reserved, and not valuable for stone, iron, or coal, and free from valid adverse clailn or not occupied by settlers at the time of such selection, situated within any State or Territory into which such railroad grant extends, and patents shall issiue for the land so selected as though it had been originally granted, but all selections of unsurveyed lands shall be of odd-numbered sections, to be identified by the survey wllen nmade, and patent therefor shall issue to and in the name of the corporation surrendering the lands before mentioned, and such patents shall not issue until after the survey: Provided, however, That the Secretary of the Interior shall fronm time to tiime ascertain and, as soon as conveniently may be done, cause to be prepared and delivered to the said railroad grantee or its successor in interest a list or lists of the several tracts which have been purchased or settled upon or occupied as aforesalid, alld are now claimed by said purchasers or occupants, their heirs or assiglns, according to the smallest Government subdivisions. And all right, title, alnd interest of the said railroad grantee or its successor in interest in and to any of such tracts which the said railroad grantee or its successor in interest Inay reliinqlisll hereunder slall revert to the United States, and such tracts shall be treated, under tlhe laws thereof, in tle saiie mlanner as if no rights thereto had ever vested in the s;iid railroad graiitee, and all qualified persons who have occupied d a may be on sa(id lands as herein provided, or who have purchased said lands in good faith as aforesaid, their heirs and assigns, shall be permiitted to prove their titles to said lallds according to law, as if said grant had never been nmade; and upon such relinqluislllment said Northern Pacific Railroad Company or its lawful sulccessor in interest miay S roceed to select, in the manner hereinbefore provided, lands ill lieu of those rclin(luislie(, and patents shall issue therefor: Provided further, That the railrol:l grantee or its successor i interest shlll accept the said list or lists so to be made ly tie Secretary of the Interior as conclusive with respect to the particular lands to 1(e reliiiluished by it, but it shall not be bound to relinquish lands sold or contractted by it or la~'ds which it uses or needs for railroad( purposes,.or lands valllable for stone, iron, or coal: And providedfurther, That whenever any qualitied settler shall in good faith make settlement in pursuance of existing law upon any oddl-inumbered sections of unsurLveyed public lands within the said railroad grant to which thle right of such railroad grantee or its successor in interest has attached, then ulpon proof thereof satisfactory to the Secretary of the Interior, and a due relinqllislhment of thle prior railroad right, other lands may be selected in lieu thereof by said railroad grantee or its successor in interest, as hereinbefore provided, and patents shall issue therefor: And provided further, That nothing herein contained shall be construed as intended or having the effect to recognize the Northern Pacific Railway Company as the lawful successor of the Northern Pacific Railroad Company in the ownership of the lands granted by the United States to tlhe Northern Pacific Railroad Company, under and by virtue of foreclosure proceedings against said Northern Pacific 'Railroad Company in the courts of the United States,' but the legal question whether the said Northern Pacific Railway Company is such lawful successor of the said Northern Pacific Railroad Company, should the question be raised, shall be determined wholly without reference to the provisions of this act, aud nothing in this act shall be construed as enlarging the quantity of land which the said Northern Pacific Railroad Company is entitled to under the laws heretofore enacted: And provided further, That all qualified settlers, their heils or assigns, who prior to January first, eighteen hundred and ninety eight, purchased or settled upon or claimed in good faith, under color of title or clainm of right under any law of the United States or any ruling of the Interior Department,:n1ll part of an odd-numbered section in either the granted or indemnity limits oft' the land grant to the Northern Pacific Railroad Coimpany to which the right of suchl grantee or its lawful successor is claimed to have attached by definite location or selection, imay in lieu thereof transfer their clarims to an equal quantity of public lands surveyed or unsurveyed, not mineral or reserved, and not valuable for stone, iron, or coal, and free from valid adverse claim, or not occupied by a settler at the tine of such entry, situated in any State or Territory into which such railroad grant extends, and make proof therefor as in other cases provided; and in making such proof, credit shall be given for the period of their bona fide residence and amount of their improvemnents upon their respective claims in the said granted or indemnity limits of the land grant to the said Northern Pacific Railroad Company the samlle as if made upon the tract to which the transfer is mtade; and before the Secretary of TITLE TO PUBLIC LANDS. 75 the Interior shall cause to be prepared and delivered to said railroad grantee or its successor in interest any list or lists of the several tracts which have been purchased or settled upon or occupied as hereinbefore provided, he shall notify the purchaser, settler, or claimant, his heirs or assigns, claiming against said railroad company, of his right to transfer his entry or claim, as herein provided, and shall give him or them option to take lieu lands for those claimed by him or them or hold his claim and allow the said railroad comnlpany to do so under the terms of this act. Special regulations were approved under this act February 14, 1899, anid June 3, 1899. (See 28 L. 1., 103 and 470.) FORFEITED RAILROAD LANDS. Attention is called to the provisions of an act of Congress entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding il the construction of railroads, and for other purposes," approved September 29, 1890. (26 Stat. L., 496; Appendix No. 40, p. 215.) The first section provides for tle forfeiture of all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now constructed and in operation, and declares the lands forfeited to be a IpaIt of the public domain, excepting, however, from the forfeiture the right of way and station grounds heretofore granted. The second section provides that all persons who, at the date of the passage of this act, are actual settlers il good faith on any of the lands forfeited, and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as actual settlers from the (late of actual settlement or occupation. It is clear that this clause of the section allows the actual settler, if qualified, to make a homestead entry of the tract upon which he had made settlement, and this as a preference right to be exercised within six months after the passage of the act. It is further provided by said section that any person who has not heretofore had the benefit of the homestead or preemption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The language of this clause of the section authorizing "a second homestead entry" refers only to those persons who have heretofore made a homestead entry, but failed from any cause to perfect the same. In other words, the object of this clause is to allow anyone qualified who had not theretofore secured a piece of land under the homestead law to obtain a tract of these forfeited lands under that law. Applicants under the homestead laws will be required to make oath that they have not heretofore secured a piece of land under the homestead law, and if an entry has been made under said law that was not for any reason perfected the facts in relation thereto should be fully set forth. The third section provides that in all cases where persons, being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant, and hereby resumed by and restored to the United States, under deed, written contract with, or license from the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled 76 TITLE TO PUBLIC LANDS. said lands with bona fide intent to secure title thereto by purchase from the State or corporation, when earned by compliance with the conditions or requirements of the granting acts of Congress, they slall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of one dollar and twenty-five cents per acre, at any time within two years from the passage of this act, and on making said payment to receive patents therefor; and where any such person in actual possession of any such lands, and having improved the same, prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or license as aforesaid, or his assignor, has m.ade partial or full payments to said railroad company prior to said (late, on account of thle purchase price of said lands from it, on proof of the amount of such payments he shall be entitled to have the salie, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to hilnm on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law, and as provided in the preceding section of tills act. Where parties, persons, and corporations, with the permission of such States or corporations, or their assigns, are in possession of and have made improvements upon any of the lands resumed and restored, and are not entitled to enter thle same under the provisions of this act, such parties, persons, or corl)orations shall have six months in which to remove any growing crops, buildings, and other movable improvements from said lands. By an amendment to the third section by act of January 23, 1896 (29 Stat., 4), there was added thereto the following: Provided, That actual residence upon the lands by persons claiming the right to purchase the same shall not be required where such lands lhave been fenced, cultivated, or otherwise improved by such claimants, and su(ch persons sliall be permitted to purchase~two or more tracts of such lands by legal subdivisions, whether contignous or not, but not exceeding three hundred and twenty acres in the taggregate. It is provided that the right of purchase granted by this section shall not apply to any lands situated in the State of Iowa on which any person in good faith has made or asserted the right to make a preemption or homestead settlement. All the roads situated within said State have been constructed, except the portion of the Sioux City and St. Paul Railroad between Le Mars and Sioux City. The grant for this company was made the subject of departmental decision of July 26, 1887 (6 L. D., 47), and a portion of the lands south of Le Mars was by said decision directed to be restored, but as far as the same are opposite unconstructed road they will come under the provisions of this act. An applicant for purchase, under this section, of lands in Iowa will therefore be required to show that no person has in good faith asserted the right to make a preemption or homestead settlement upon the land sought to be purchased. Further provision is made that nothing in this act shall be construed as limiting the rights granted to purchasers or settlers by the act of March 3, 1887, providing for the adjustment of land grants made by Congress to aid in the construction of railroads, nor as in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title. TITLE TO PUBLIC LANDS. 77 Tle fourth section merely rel)eals certain sections in acts making granits to aid in the construction of certain railroads in so far as said sections require the Secretary of the Interior to reserve lands within tlhe ildemnity limits of such grants. This section did not restore the illdemnity lands, but removed any obstacle to the restoration by the l)epartment, and the restorations were duly made. Thle fith section provides tlhat if it shall be found that any lands heretofore granted to tlhe Northern Pacific lailroad Company, and so resumed by tlle United States and restored to the public domain, lie north of the linle known as the "Harrison line," being a line drawn fromu Wallula, Washington, easterly to the southeast corner of the northeast one-fourth of tlle southeast quarter of section twenty-seven, in township seven nlorth, of range thirty-seven east, of the Willamette meridian, all persons who had acquired in good faith the title of the Nortlern Pacific Railroad Company to any portion of said lands prior to July first, eightelen hundred and eighty-five, or who at said date were in possession of any portion of said lands or had improved the same, claiming tlme same under written contract with said company, executed in good faith, or their heirs or assigns, as the case may be, shall be entitled to purchase the lands so acquired, possessed, or improved, froim the United States, at any time prior to the expiration of one year after it slhall be finally determined that such lands are restored to tlhe public domain by the provisions of this act, at the rate of two dollars and fifty cents per acre, and to receive patents therefor upon proof before the proper land office of the fact of such acquisition, possession, or improvement, and payment therefor, without limitation as to quantity. The time allowed to make purchase under this provision liaus exl)ired. This section also confirmed to the city of Portland, in the State of O)regoi, tlhe right of way and riparian rights theretofore attempted to be, conveyed to that city by the Northern Pacific Railroad Company to a strip of land fifty feet in width through certain described sections. The sixth section provides that no lands forfeited by this act shall imure to the benetfit of any State or corporation to which lands may have been granted by Congress, except as provided by this act, nor sha1ll the act be construed to enlarge the area of land originally covered by any such grant, or to confer any right upon any State, corporation, or persons to lands which were excepted from such grant. Provision is also made against the moiety in conflicting limits of grants for a main and branch line, appertaining to unconstructed road and forfeited by this act, inuring to the benefit of the completed line. Section seven relates specially to the grant to the State of Mississippi to aid in the construction of the road known as the Gulf and Ship Island lRailroad, and upon the condition that said company, within ninety days from the passage of this act, shall accept the provisions of this act and file with the Secretary of the Interior a valid relinquishment of all said company's interest, right, title, and claim in and to all such lands as have been sold by the officers of the United States for cash, or with the allowance or approval of such officers have been entered in good faith under the preemption or homestead laws, or upon which there were bona fide preemption or homestead claims on the first day of January, eighteen hundred and ninety, arising or asserted by actual occupation of the land under color of thle laws of the United States, then the forftiture declared in the first section shall not, until one year after the passage of this act, apply to or in anywise affect so much and such parts of said grant as lie south of a line drawn east and west through 78 TITLE TO PUBLIC LANDS. the point where the (iuilf anid Shilp Islald Railroad may cross the New Orleans and Northeasternl ailroad in said State. Other lands, in lieu of those relinquished south of said point, may be selected witlin thle indemnity limits of the original grant, nearest to and opposite such part of the line as may be constructed at the date of selection. Section eight provides tllat the Mobile and Girard Railroad Company, of Alabama, shall be entitled to tlohe uantity of land earned by tile construction of its road from Girard to Troy, a distance of eighty-four miles. And the Secretary of the Interior in making settlement and certifying to or for the benefit of thle said company the lands earned thereby shall include therein all tlhe lands sold, conveyed, or otherwise disposed of by said colmpany not to exceed tile total amount earned by said colmplany as aforesaid. And tIle title of tile purchasers to all such lands are hereby confirmed so far as the United States are concerned. But such settlement and certification shall not include any lands upon which there were bona fide preemptors or homestead claims on the first (lay of January, eighteen hundred and ninety, arising or asserted by actual occupation of tile land under color of the laws of the United States. Thle right hereby given to the said railroad company is on condition tliat it sliall within ninety days from the passage of this act, by resolutioin of its board of directors, duly accept the provisions of the same and file with the Secretary of tle Interior a valid relinquishment of all said coml)any's interest, right, title, and claim in and to all such lands within the limits of its grant as have heretofore been sold by the officers of tlhe United States for cash, where the Government still retains the purchase money, or with tile allowance or approval of such officers have been entered in good faitlh tnder the preemption or homestead laws, or as are claimted under the homestead or preemption laws as aforesaid, and thle right and title of the persons holding or claiming any such lands under such sales or entries are hereby confirmed, and all such claims under the preemptioln or homestead laws may be perfected as provided by law. Said compaly to have tlhe right to select other lands as near as practicable to constructed road and within indemnity limits in lieu of tile lands so relinquished. And the title of the United States is hereby relinquished in favor of all persons holding under any sales by the local land officers of the lands in the granted limits of the Alabama and Florida Railroad grant, where the United States still retains the purchase money, but without liability on the part of the United States. The grant for the Mobile and Girard Company was finally adjusted April 24, 1893, the lands to which the company was entitled being recertified and the balance restored to entry. The roads affected by said act are as follows: Wisconsin Central Railroad, between Ashland and Superior City, in the State of Wisconsin. Northern Pacific Railroad, between Wallula, Wash., and Portland, Oreg. Lands restored are in Washington and Oregon. Tennessee and Coosa Railroad, entire grant, extending from Gunters Landing to Gadsden, State of Alabama. Coosa and Chattooga Railroad, entire grant, extending from Gadsden, through Chattooga Valley, to Georgia State line. Selma, Rome and Dalton Railroad, from Jacksonville to Gadsden, State of Alabama. TITLE TO PUBLIC LANDS. 79 Amboy, Lansing and Traverse Bay Railroad, from Jonesville to Amlboy, in State of Michigan. Sioux City and St. Paul Railroad fronl Le Mars to Sioux City, in State of Iowa. Mobile and Girard Railroad, from Troy to Mobile, State of Alabama. Gulf and Ship Island Railroad, from Brandon, State of Mississippi, to a point 20 miles north of the Gulf of Mexico. South Pacific Railroad (main line) from Alcalde to Tres Pinos. St. Paul and Sioux City Railroad, from St. Anthony, via Minneapolis, to Shakopee. Southern Minnesota Railroad, from Houston to Rochester. In some cases no actual restoration of the lands aftected by the act has yet been ordered, for tlJe reason that questions are ]pelnling, a determlination of which Ilay affect the amount to be restored. ]By the act of Congress al)proved February 18, 1891 (26; Stat. L., 764), the above act was amended so that the period within whicll settlers, purchasers, and others under the provisions of said act may make application to plurchase lands forfeited thereby or to make homestead entries as thereill authorized, shall begin to run from tle (late of the promulgation by the Commissioner of tlhe General Land Office of the instructions to the local officers for their direction in the disposition of the lands, and not from the date of the passage of said act. By act of 1)ecember 12, 1893 (28 Stlt. L., 15; Appelldix No. 48, p. 230), the tile allowed for purchase by claimants under section 3 of this act was extended to January 1, 1897, saving, however, any adverse claims that may have attacled. Tle time was further extended to January 1, 1899, by act of February 18, 1897 (29 Stat., 5,5; A)ppendix No., 74 p. 246), with the same provision for saving a(dverse claimis. By departmental regulation of March 31, 1891 (12 L. D., 308), it is required tlhat notice of inltention to assert the right of purchase accorded under section 3, act of September 29, 1890, nmust be filed in the local office by persons claiming such right within sixty days after due publication by said office of such regulation. The registers and receivers of the local offices have made the publication contemplated. Under dlflerent dates all withdrawals heretofore ordered of lands within the indemnity limits of the several grants made by Congress to aid in the construction of railroads have been revoked, and the lands not embraced in plending or approved selections have been restored. As to lands covered by unapproved selections, applications to make filings and entries tlereon may be received, noted, and held subject to the claim of the comilany, of which claim the applicant must be distinctly inf6rmed and lmemoranda thereof entered upon his lpapers. Whenever such l)application to file or eiter is presented, alleging upon suiticient prinma fac(ie showing that the land is not from any cause subject to the company's right of selection, notice tliereof will be given to tlle plroper representatlve of the company, which will be allowed thirty (l;lys after service of said notice within which to present objections tc tle allowance of said filing or entry. Should the company fail to reslond or show cause before the district land officers wliy the application should not be allowed, said application for filing or entry will be admitted, and the selection held for cancellation; but should the company appear and show cause an investigation will be ordered under the rules of practice to determine whether said land is subject to the right of the company to make selection of the 80 TITLE TO PUBLIC LANDS. same, which will be determined by the register and receiver, subject to the right of appeal in either party. When appeals are taken from the decision of the register and receiver to this office in the class of cases above provided for they will be disposed of without delay, and if the decision should be in favor of the company and no appeal be taken the land will be certified to the Secretary of the Interior for approval for patent without requiring further action on the part of the company except the payment of the required fees. If the decision should be adverse to the company and no appeal be taken, the selection will be canceled and the filing or entry allowed, subject to compliance with law. Lands which have not been selected are subject to settlement and entry as other public lands, and notice to the company will not be required. DISPOSAL OF ABANDONED MILITARY RESERVATIONS. Formerly military reservations which were no longer needed for military purposes were transferred to the Interior Department by the War Department only under special acts which provided for the transfer and disposal of the particular reservations named in the several acts. By the act of August 18, 1856 (11 Stat. L., 87), provision was made for the disposal of the abandoned military reservations in the State of Florida. The act of July 5,1884 (23 Stat. L., 103), repealed the said act of August 18, 1856, and made provisions for the transfer and disposal of abandoned military reservations generally. The provisions of said act of July 5, 1884, permit the appraisal and public sale of such land after sixty days' public notice of the time, place, and terms of sale. The lands are required to be sold for cash to the highest bidder at not less than the appraised value nor less than $1.25 per acre. If the lands are not sold at the first offering they may be reoffered at ally subsequelt time in the same manner, after which they may be sold for cash at private sale at not less than the appraised value nor less than $1.25 per acre. Tlhe improvements belonging to the Government on such lands may, after appraisal, be sold with the tracts upon which they are situated, or they may be sold separately at public sale to the highest bidder for cash, at not less thanl the appraised value, to be removed by the purchaser within such time as may be prescribed. Where the improvements were sold by the Government prior to the passage of the act of July 5, 1884, the p)urchaser thereof has the pleference right for sixty days to purchase, at the appraised value, the land containing such implrovements, not exceeding the smallest subdivision or lot provided for by the act. It is further provided that lany of such lands containing valuable mineral deposits shall be disposed of exclusively under the mineralland laws. Provision is also made that any settler, who was in actual occupation of any portion of any such reservation prior to the location of such reservation, or who settled thereon prior to January 1, 1884, inl good faith for the purpose of securing a home and of entering the same under the general laws, and continued in such occupation to the date of the act, if entitled by law to make a homestead entry, may enter the land so occupied, not exceeding 160 acres in a body, according to the Government surveys and subdivisions, provided that said lands were subject to entry under the public-land laws at the time of their withdrawal. TITLE TO PUBILIC LANDS. 81 The act of August 23, 1894 (28 Stat. L., 491; Appendix No. 57, p. 235), made further provision for the disposal of abando]ned military reservations, and the scope of said act was extended by the anlendatory act of February 15, 1895 (28 Stat L., 664; Appendix No. 62, p. 2138). Tlle first section of the former act opens to settlement uender the public-land laws of the Ullited States all laiids not already disposed of in any abandoned military reservation theretofore p)laced under the colttrol of the Secretary of the Interior for (lisl)osal un(ler tlhe act of July 5, 1884, the disposal of whichl lias not been plrovided for by sulbs)e(uelt act of Congress, wlere the area exceeds 5,000 acres; suchl legal subdivisions as have Governlmentl iml)rovements tlereon,, anId such other parts as are now or may be lereafter reserved for some public use, being excepted. It also gives a l)referelice right of entry for a,period of six months from thle date of tile act to bona fide settlers who are qualified to enter under the homnestead law and have mlade improvements, and were at (late of said act residing upon any agricultural lands in such reservations, and also for a period of six 1months flronl the date of settlement whell that sliall occur after tlie date of this act. It also provides that persons whlo miake homnestead entries for such lands shall pay not less thlan tlihe value heretofore or hereafter determined by appraisement, nor less thant the price of the land at the time of entry, and that such payment may be made, at the option of the purchaser, in five e(ual installments, at times and at rates of interest to be fixed by the Secretary of tlie Interior. Tlhe secold section refers to lands thereafter to be placed under tlhe control of the Secretary of tihe Ianterior, and provides for the manner of apl)praisemen ts. Under the terms of tllis act settlement may be made on any of tliese reservations to whichl the terms of tlhe first section apply, whether surveyed or not, where tlhe area exceeds 5,000 acres. Where the lands in such reservatio]ns have been. surveyed andl the trip)licate plats filed in the district land office, the register and receiver will allow homestead entries to go to record therefor, if the entryimen are duly qualified to make entry, as in tile case of otiler surveyed public lands. But where entry is made under this act, the entryman will be required to pay for the lands at tle value heretofore or hereafter (letermined by appraisement, and the payments may be nmade, at thle ol)tion of tlhe )ulrclhaser, in five equal installments, at times and at rates of interest to be fixed by the Secretary of tllhe Interior. Appraisemnenlts of suLch lands will be ordered by the Secretary of the Interior at such times as tlhe public interests demand, and to tlhe extent permissible lluder the appropriations mna(le or to be made by Congress for this purpose. In some instances instructions llave been issued to the district land officers to allow homestead entries, under thle act of July 5, 1884, where the lands have been. surveyed, in abandoned military reservations the area of which exceeds 5,000 acres. Such of these lands as have not been entered under said act of July 5, 1884, are now subject to thle provisions of the act of August 23, 1894, but this latter act does not apply to any abandoned military reservations whose area is 5,000 acres or less; and settlement, except as provided by said act of July 5, 1884, on any such reservations will not confer any rights upon the settlers. It will be observed that this act grants a preference right of entry for a period of six months froml its date to all bona fide settlers who are qualified to enter under tlhe homestead law and have made improvements and are now residing upon any agricultural lands in said reser3073- 6 82 TITLE TO PUBLIC LANDS. vations, and also for a period of six months froll the date of settlement when that shall occur after tlhe da;te of this act. Where tle lands have beeni surveyed, there will be no difficulty in the operations of this pro vision of law, but in cases in which the lands have not lbeei surveyed the equitable construction of this act seems to be tlhat tlhe preference right of entry shall extend to a )eriod of six monlths from tile (late of the filing of the triplicate plats of surveys in tlhe district lalnd office. Definite instructions as to the l)rice of the land, tlhe dates of payments, and the rates of interest to Ile paid tlereon will be issued in relation to etach reservation when the appraisement tlereof shall have been made alnd approved. The amendatory act extends the provisions of the act of August 23, 1894, " to all abandoned military reservations which were placed under the control of tlle Secretary of the Interior under any law in force prior to the act of July 5, 1884,"7 and lrovides tlhat tile prelerence riglit of entry given to actual settlers by the act amended sliall, as to tle lands to which tile provisions of said act are extended, take effect adll continue for six months from the date of the amendatory ac(t. SALINE LANDS RESERVED UNDER GENERAL LAWS. Congress passed an act January 12, 1877 (19 Stat. L., 221; Appendix No. 3, p. 163), for the sale of saline or salt-spring lands in certain States. This act llas exclusive reference to tllat class of lalnds which at an early period were segregated frolll tlle p)ullic lands on account of salt springs and reserved from disposal under general laws, and which, therefore, to use the lan guage of the statute, were u incapable of being purchased under anly of the laws of the United States relative to tlhe public domain." (See decision of the Supreme Court of the United States in tlle case of Morton v. Nebraska, 21 Wallace, 660.) These lands never were sub.ject to the operation of the Ihomestead and preeilption laws, nor of any other law for the disposal of tlhe public lands, except the act of January 12, 1877, above referred to. (See Public Doltain, 1. 217.) That act provides for the disposal of such lands in a certain contingency at private sale, and, being special ill character and of lalrticular application, is not relealed or modified by the general provisions of the act of March 2, 1889, "to witld(lraw certain public lands from private entry" (25 Stat. L., 854; Appendix No. 32, p. 187; second paragraph circular of March 8, 1889, 8, 8. )., 314). 1)ETERMINATION OF THE CIARACTER OF TIIE LANDS. Should prina facie evidence that certain tracts are saline in character be filed with the register anld receiver of the-proper land district, they will (lesignate a time for a hearing at their office and give notice to all parties in interest, in order that they mlay have almlle ol)portunity to be l)resent with their witnesses. Such witnesses will be examined ill regard to the saline character of the givei tracts and whether tlhe satie are claimed by any person; if so, the namnes of tlhe claimants and the extelnt of their improvements must b)e shown. The witnesses should be thoroughly examinied as to the true character of the land in other respects-its agricultural capacities; wlhat kind of crops, if any, have been raised thereon or can be raised from land of such character; wlhether it contains aly valuable deposit of mineral of any kind or of coal. In sllort, the testimony should be as complete as possible, and in addition to the points indicated above everything of TITLE TO PUBLIC LANDS. 83 importance bearing upon the character of the land should be elicited at the hearing. The testimony taken at the hearing will be transmitted to the General Land Office by tlhe register ald receiver, with their opinion thereon. When the case coiies before the General Land Office such a decision will be rendered il regard to the character of the land as the facts may warrant DISPOSAL OF SALINE LANDS. Should the tracts be adjudged saline lands, tlhe register and receiver will be instructed to offer the same for sale, after public notice, at the local land office of the district in which tlhe same sliall be situated and to sell said tract or tracts to the lhighest bidder for casl at a price not less than $1.25 per acre. In case said lands should not be sold when so offered, they will be subject to private sale for cash ait a price nlot less thai $1.25 per acre in tlle same lmanier as other lptblic lalt(ls are sold at private sale. Should the tract ill question be a(djudgeld agricultural or mineral, it will be subject to disposal as such. Tlhe provisions of tlis act do not al)lily to alny lands withil the Territories, nor to any within the States of Mississippi, louisiana, Florida, California, or Nevada, none of which lias lhad:a grant of salines by act of Congress; nor do they alpply to the States of ldaho, North l)akota, South Dakota, Montana, Washington, or Wyoming, none of which has lad( an express grant of saline:lands, although each has had a grant declared to be in lieu of saline and other special grants. GENERAL RULES APPLICABLE TO DIFFERENT CLASSES OF ENTRIES. 1. Applicants to make entries,and claimants and witnesses making final proof must in all cases state tleir place of actual residence, their business or occupation, aii(l tleir lost-offi(e laddr(ess. I t is not sufficient to name the county and State or Territory w-lere a Ilarty lives, but the town or city must be named, and, if residence is in a city, the street and number must be given. The register aI(l receiver will note the postoffice address in their tract book. 2. Whlere thle residence of a party or witness is oni surveyed land the subdivision, section, township, aInd ralnge must be stated in every case. 3. Notice by registered letter, directed to claimant's last-knlown postoffice address, is tl)e prescrilbed leans of giving legal notice to him of official action taken in respect to his entry, either before or after proof (circular al)prove ()October 28, 1886, 5 L. 1)., 204). Claimants and entrymei should therefore give prompt notice to tlle register and receiver of any clallge of residence or post-office address. (See Rules of Practice 11, 14, and 17, as amendeId May 26, 1898.) PUBLICATION OF NOTICE OF FINAL PROOF. 4. Any claimant desiring to make final proof of hlaving complied with the provisions of law in respect to residence, cultivation, or improvement must first file with the register of the pmoper land office a written notice of his intention to do so, which notice must be transmitted by the register and receiver to this office, with the proof. The notice must describe the land claimed, and the claimant must give the names and 84 TITLE TO PUBLIC LANDS. residences of the witnlesees by hllom tile nlecessary facts as to settlellenlt, residence, ciltivatioll, etc., are to be established. lie must also state the (lay wheni, tlhe place where, and tile officer b)efore whoml tile proof is to be taken. 5. The filing of notice of intention to make proof Intmst tie accomltpainied by a deposit of sufficient mlolley to pay tile cost of publislhing tile lnotice to be given by the register, tle ldeposit to be ml(lae with tile receiver, who will notify tlie register tlereof, that lie e ltlay C lla, ti'e ilOtiJ(c to be published, but settlers are not to be deprived of tlie righlt to make their own contracts for publishing notices of ilntetion to lmakle filal proof and to make playilmet therefor directly to tlie publlislhers of the laper, after the notice lhas been prepared by tlhe register and tile 1papler designated by him, on presenting to tlhe register a statemient fiomn tlie( publisher or his agent that the money for tile payeniit of said notice has been paid to or deposited with said publisiler. 6. Upont the tiling of the notice by the applicant tile register will lplblisli a notice that such application lias l een made, oc('e 1(e(I]C week fcor.a period of t]irty days, in a newspaper which hle sliall designallte bl)y an1 order written on sai(l aplplication, asplblished nearest tile L: md descrlilbed in tle apI)llicatiol:, aitd( lie shall also post said inotice ill sonic co-pic(lous place in his office for the same 1)eriod. If publislhed in a weekly pal)er a compliance with tlhe law will req(lirme tlie notice to be publi-dl((l weekly five successive weeks, the (lday ixe(d for tlie submission of the finial proof to be at least thirty days a-fter tlie first l)ublication. 7. Tlhe notice to be given by tlie register ntmust state that aplpllicatiol to make final proof hlas been filed; the imame of tihe applicant; tlie l.itd of entry, whether homestead, 1)reemption, or other; a descriptioni of t ie land and the names and residences of thel witlnesses as stated iii tln, alpplication; also tile day when, tle 1)lace where, and the officer blefore whom thle proof is to be taken. (See Form 4-347, p. 277.) 8. To save expense, the register may embrace two or mtore cases i. one publication, when it can b)e done consistelitly with tllhe legal req luic'eiments of publication in a newspaper p)ublished nearest thle land, as per Form 4-347, p. 277. 9. Publishers should cause eaclh proof niotice to 1)e (carefully conl)ared by copy, and should sced at least one copy of tlhe pap)er coitainiiig' 1t1ie iotice to the party in interest. Tllis course will avoid errors or secuire their correction ini proper time. 10. Proof of publicatiomi will be tlhe affidavit of tlhe )ull)lisher or fol-c man of tlIe nlewspalper employed tha;t tle lnotice (a c(p)y of whli(ch nlot ice must be annexed to the affidavit) was p)lblished in saidl newspaper o(ice a week (if a weekly l)aper) for five successive weeks, or for thirty days in a daily paper, as thle case may be. Such affidavit must show thlat the jotice was published in tlhe regular and entire issue of every numiber of tlhe paper during tlhe period and time of publicationi, alid thlat the notice was 1)ublished il the newvspaper proper aind not in a slp)ldemnent. Affidavits of publication not in conformity witli tlhese requirements will be rejected by tihe register and receiver. 11. Proof of posting notice in the district land office will be the certificate of the register that the notice of tlie apllication (a copy of which should be annexed to the certificate) was posted by himn in a, conspicuous place in his office for a l)eriod of thirty days. (Form 4-227, 1. 277.) 12. The proof of the publication and posting of tlhe notice must be filed and preserved by the register, to be forwarded to the General Land Office with the final papers when issued. TITLE TO PUBLIC LANDS. 85 13. Proof should in every case be made at the time and place advertised, and before tlhe officer named in the notice. On the day advertised tlhe officer namedl ill the notice shall call the case for hearing, and should tlho claimant fail to appear the officer should continue the case until the next (lay, and on that day o oon any succeeding day, should tlie claimant fail to applear, proceed in like manner until the expiratioi of ten (lays fron thle day advertised, after which the proof, if pl)esented, slioiild not be receive(l. 'roper notice should be given of the continlilaces, made iii the most effective way the circumstmnces admit of, to any }pirties illterested. Parties proposing to cross-examine claimant's witnesses or slubmlit relultting testimony will be allowed to do so on tile day Madve1rtisedl in case of the appearance of the claiman.t and his proof beinjg nma.de ont tliat day. In case of his nonappearance protests or affidavits of clltest may be filed, and if a suflicient ground of objection is set foirthl tllerciil tle protestant, adverse claimant, or contestant may appell)r at aly sulsequenit (lay to which the case may be adjourned, witl the sa:ile 'ights of cross-examinlation and of submitting rebuttingl testiimony as ii' tile aplpearance had beenl male on the (lay advertised, shlould l(e so elect, and it' le should not (lo so, the register and receiver of the plrol)er district la. nd office will take measures to secure the protestant, contestant, or adverse clainmant an opportunity to be heard, on the grounds of ol.jeiction presented after due notice to all parties according to rules of practice l)efore allowing linal entry to be made; and the alppearance ofl lie protestant or adverse claimant, or filing of protest or contest a:tf(ldavit, oni the day advertised, or on any (ay to which the c:ase maly be continued as above, will sufftice to protect their rights in tlHe premises as fully ais tholughl both parties had appeared and thle proof 1)eel taken o0n tlhe day advertised. Thle lrocee(ings lha(d should be (uly doc.keted tn(d ble made to appear by proper entries on the proof papers to which any protest or contest affidavit filed should be attached, by the offlicer ntamed in tlhe notice. Thle witnesses to the proofs must be two of the persons nane(d as witnesses in thle notices. Other persons can not be substituted as witnesses without rea(dvertisenllt. Section 7, act of March 2, 1889, legalizes proof taken within ten days following' tle (date ad(vertised, w^iere unavoidable delay prevents conmpliance with thle notice. (10 L. I)., 301, 397.) There is ito law or rule of tle l)epartment that warrants thle local officers ill extending tlhe time for taking filial proof beyond tel days from the time set therefor in the advertisement. (20 L. 1)., 343.) D1)TIES OF ATTESTIN{{ OFFICERS. 14. Whlen lroof is made before the proper United States commissioner, jud(ge, or clerk of court (as the case may be), tlhe affidavits and testimony must be (lduly authenticated and transmitted to the register and receiver, together with the "fee and charges" allowed by law to thiem. There imay be tmansmitted therewith the fees and commnissions, itf any, legally 1)ayable on, thle entry at the time of' making final proof,;lnd i ad(ldition. thereto in homestead and timber-culture entries under acts of March 3, 1877 (19 Stat. L., 403; Appendix No. 5, p. 165), and March 3, 1891 (26 Stat. L., 1095; Appendix No. 44, p. 221), the legal fee for "examining and approving" the testimony, which is 15 cents, or in the Pacific States and Territories, 22.4 cents, for each 100 written words. Printed words are not to be counted. 15. When the land is within an unorganized county, the fact that the county in which the land lies is unorganized and that the county in TITLE To' I~JBLIjTC LANDS. which the proof is made is adj'acent thereto inust be certified by thle attesting officer. 16. Attesting officers ittust sigin int their trite official capacity. If proof is taken by a jud~ge in his cap-acity as clerk of his own court hie should sign as "1 ex offlicio clerk." 1 7. ]registers cand receivers, jtldges anid clerks of.' courts, and other offlicers taking 1)roofs are en joined to use the utmost strictness iii the, examiniation of parties and witneusses, anil to obt~ain full, specific, and( untevasive answvers to all the questions,, lpropounlded, anid all necessary oral c-ross-examtinations will be miade, by attesting officers to further,attest the good faith of claimant's antid the reliability of the testimony of claintnaits antd witntesses. Officers will certify to their oral crossexainin at ions. 18. -Registers altnd receivers will clarefuilly examine all lproofs transmnitted to thien lby other officers, attd will not issue certitic~ates nor place entries ott record, n1or trntusmit the proofs to this office until the same have been titus exa munied. 1)efectivSe, insufficietit, or unsatisfhetory proofts will be rejected and niew proof requiredl. 19. Prioof's taken by other officers tihan registers -alt( receivers must be immnediately transmitted to the register and receiverfaitd tile monley paid to tbheltter. Whien a.ity interval of timie, other tlian tha~t r-equired for imtttediatte and~ expeditious transmititfal, elapses between tite (late of proof and (late of its receipt, with the inottey, at tite (district lantid office,7 a nw alidvit duily (corrobortate(l, sltowin g mionaleieation and~ coittinnied residenlec,eoverintg datte of receipt of' proof anid p)aymnent by the register and receiver, will be required before certificates is issledl or thle entry lplaced of record. Proof wvithout p)aytnent itiust iii no case be acceptedl or received by regiter an reeivrs.Ifbowever, tltis slouild occnr by,Niita(lv~erteicee inl anUy case, awllitiotial evideitce as albove should be at once required of' tite clafittant before,allowing entry. All discrepancies between dlate of' proof and date of register's certiticate anid receivem's receipt must be accountted for' by certificate froint the register' atid receiver attaclted to each case. 20. As settlers on unsnrveyed lands are allowed three mionths after the filing of the towiisbiti lplat of' survey witltin whielth to put their claimis ott record, nto fintal 1)r00f on hontestead or pr1eeinlptioni enitries SltOuldl be peri'tifte(I nittil a.fter the expiration of saidl thtree mttonths. VACANCY IN OFFICE OF REGISTER OR RECEIVER. 21. 14l the act of Congress approved October 1, 1890 (26 Stat. L., 657), it is lprovidled thtat in cases before any of tlte land offices of the Uniited States in which a vacaitey exists iii eithei' the office of r'egister' or meceiver, "1whei'e the (lay set for' hearimig finld lroofts caitne durinig the vacamicy ilt said office, aid~ there is nio (coittest 0o' protest apaitist saidl claim, amid whteie the remai~nimig officer Itas takeit said Iproots alt(1 redluced the samie to writing, tlte sante mnay be passed -uponl by the register atid receiver as if the same had been taken wheti there was nio vacancy;" also that "4wten a vacatiicy shall occur in caity of' the land offices of the Unlited States by reason of the death, resqigation, or removal of either the register or receiver, and the time set for tafkinig final p~roofs falls within the vacancy thins caused, the reainating officer imay proceed to take said final proofs, in the absence of any (cotitest or lprotest, redluce the scame to writing, and lplace it on file ini tlte of'fice, to be considered amtd passed upon when the vacancy is filled." TITLE TO PUBLIC LANDS. 8 7 Upon the occurrence of a vacaiicy for any reason in the office of register or receiver at any of the (Ilistrict land offices, all business requiring the action of )oth. oflicers uiust awvait the filling, of the aany;ad, while the office is k~ept open for the purLpose of furnislhing geiieral iiiforinlationl, no (actioli can be taken upon applications to contest or enter land1s in that (listrict. App~lications to conitest entries or to enter lands and tall ot'her application-s reqniring joint action of 1)0th officers which. may be presented (hirin11g thle vacaI(-,l(.y inl tile loca.,l office will be rcceivedl, the tlime of lpre'se!itatiolI notedl thereon, and~ uponi thle resumption ot buisinetss such. appllicatiolus will be (lispose(1 ol. ini their ordler. NOTI CE O',0]~F I L I N ( PL AT S. 2'2. Hlereafter, when anl appr)oved ))lat of the survey of any township is tranlslnittedl to the register and recei'Ver by the surveyor-genleral. they will not reg-ard such plait a,-s oificiafly received aind filed. in their office unttil the f~flowhipg regnifations haive been complliedl with: (1) rilley will for-thwithi post a inotiee in a colispicuous lplace inl their office, sp)ecifying the towniship that, has beeii surveyed and stating) that the p~It of survey will be filed in their offce on a day to be fixed by them aind named in the notice, whichl shall not. be less th'an thirty day-s fi'oiii the date of suhel notice, aid( that onl and after suchl (lay they will be lprepared1 to receive applicationis for thle entry of lands in suich town slhi l). (2.) They will also send a cop)y of suhel notice to the p~ostmasters of thle post-offlices nearest thle lani(l anl a -op~y to each clerk of Ia c.-ourt of recorl fin their district, wNith req1uest that the slame be cmllspicu1onsly lpost ed inl their resl)ectivye offices. (3) They will f'urnish. the public press5 iii their (listrict wNithl colpies of suchll notice as at matter of ntews. (4) Thley will give such fur-ther publicity of the iuatter in answer to inqIuiries (1'or which they will charge nio fee) and otherwise as they Ilay. be cable to do without incurring adlvertising expenses. (Circular of October '21, 1885,7 4 L. 1).,2) C ITIZENSHIPl1 ANI) NATURALIZATION. 23. Parties should in all cases of application to make entry all( inl filial proof state distinctly wlhether they are niative-born or naturalized citizens. I Intui.ftralizedi,evi(lence of nattui-alizaitioiishiould betfiled withi the oi-iginal enitry alpplicatioll. If not naturalized, evidence of declaration of intention shiould be filed at the time the first entry or:application is isiade. Thle certification of naturalization papers or other court records should be received only whe-n lnaide under the hiand and seal of the clerk of the coturt inI wh ich1 such lpalels appear of record, but where aj udicial record is shiowni to have existc(d and is nlow lost or destroyed 1)1001 of the same maly be miade by secondary evidence, in accordaunce with the rules of evidence govem-nin g such proof. AFFIDAVIT AS TO NONMINERAL CHARACTER OF LAND. 24. In all entries of nonmnineral lands in the States of Arkansas, Californiia, C1olorado, -Florid a, Idaho, Montana, Nevada, North Dakota, Oregon, South. Dakota-, Utah, Washinigton, and Wyoming, and the Territories of Arizonia and New Mexico, a nonnineral affidavit is required. (Form. 4-062, 1). 299.) TITLE TO IBI LANDS. CONTIGUTITY OF LANDS. 25. Entries of p)ublic lands, if surveyedl, nuiust be~ madle by legal subdivisions according to the public surveys, and if different tracts are taken to makie up the full quiantity allowed or in~eu-ided to be entere(1 in p)reemuption, hom~estecadl tininber-culture, atid other classes of entries the tracts must be contiguous to each other, so as to form one body of land. LAND)S IN THlE 1POSSESSION OF IND)IAN OCCIUPANTS. 26. No enitries will be allowed uponi lands in the possession,7 occupation, and use of Jndiani inhabitm(its, or coveredl ly their homnes and iinprovemenets; an1d( registers. and receivers are require(d to exercise every care al)( p)recautionL to lprevellt the inadvertent allowancle of any such entries. It is presuimed that they know or ca t ascertain the l)carities of Ind(ian p)ossessionL atn1 occupanicy in their respective (districts, and it is their duty to (l0 so, antid to avail themselves of all inforination furnished by officers of the JIndiani service. (Circular of October 2618,6L. 1)., 341L) RESTRICTION ON THE ACQUISITION OF TITLE TO AGRICULTURAL PUBLIC LAND. Attention is (calle(1 to the following portion. of ant act of Congress of August 30,.; 189() (26 Stat.. I.., 391), inaking a-ppropri-ations fbor the fiscal year (1nded Juite 30, 1891, viz: For topographic snrx eys ill A1triouis port ions of theo United State~s, three-bmundred and twenty-five thoms nid dollars, one-half of which soini shallI be lx pend ed west of the 0110 hliniredlth. in11011(11 an d s —o much of tiheact of October second, vighitecim hun11dred4 a-nd eighty-e( lit, entitled ''Anu act tmain proraiosfr smidiry civil expenses of thme (Ilover Inment for the fiscal yearx ending-Junon thirtieth, eighteenl lon(iremi 1nd( eighity-nine, amud for other purposes," as 1(rovides for time withdraiwal (of the poublic lands from eiitrv occopation, and settleioent, is hereby repealed, and all entries illade or claimms itmiti ltedl 111nood faith anld valid but for said act, sh1all 1)0 recoginized ntiel nemty he imerfetedti iim the same miannoir 1.if said law had niot 1)001 eilactedlexcep~t that reservoir sit(e5 heretofore locatedl or selec-ted shall remain se~gregatedtid1( reserved from entry or settlemniit ais providell Ily said act, Unitil otherwise Jprovi(ledl by law, ahidl reservoir sites hereafter located or selected onl public lands sha-ll in like manner 1)0 reserved fioio the date of thie location or selection thereof. NI) person who shamll, after the passage of this act, enter iipoii sil11y of the punblic land~s with aview to occuihclitioti, etntry, or settleimentiinnder any (Ifthe land laws shall be plerit Itedl toaieq iiie title to mhere than three hounmred and( twentytacres in the aggrega-te, 111de1ra111 of scaid lawvs, but this limitation shall1 not opjerate to curtail the right of anmy 1p(15(11 who hats heretofore masde entry or settlemoent on the public lands, or \whose occup)ation, entry, or settlenmn is validatedl by t~imis mct.: I'rotidcd, Th11t in all platents for 11and5 her-eafter tatken 111) ilider,any (If theo 1:11( laws of the UnIited States or 011 entries or clainls v.-tlidatedl by this acet, -west of the (1110 humndredfli ne-ridi~an, it shall 1)0 expressell that there, is rese-rvedl from the lands in saidl patent described a righit of way thereon for diatches or canials constructed by the authority of the 1United States. See also seventteenithisectioil, act of MaIrch 3,1891. (26 Stiat. L., 1095; Appenidix No. 44, 1p* 221.) It will be secit that the acquisition of title unuder the agricultural lanid laws by any person is restricted to 320 acres in the aggregate, with Ca qualificationi J)otecting rights of prior inception). In view of this legislation, all apjplicaluts to file or enter under any of the land laws of the United States will be required to make affidavit showing that since August 30, 1890, they had not filed upon or entered under said laws a quantity of land which would make, with TITLE TO PUBLIC LANDS. 89 the tracts applied for, more than 320 acres. Or, if the party should claim by virtue of the exception as to settlers prior to tlhe act of August 30, 1890, the affidavit required should show tlhe facts in reference to such settlement. (See Form 4-102b, p. 272; also circular of September 5, 1890, 11 L. 1)., p. 296.) The maximum of 320 acres above limited is exclusive of any lands entered prior to the passage of said act of August 30, 1890, and exclusive of mineral lands entered prior or subsequent tlereto tsee Secretary's decision of December 29, 1890-12 L. D., 81, and seventeenth section of the act of March 3, 1891-26 Stat. L., 1095; Appendix No. 44, 1. 221), and the prescribed affidavit may be modified accordingly, aLs it regards mineral lands. CONFIRMATIONS BY THE SEVENTH SECTION OF THE ACT OF MARCH 3, 1891. The seventh section of the act entitled 'An act to repeal tilmberculture laws, and for other purposes," approved March 3, 1891 (26 Stat. L., 1095), reads as follows, viz: That whenever it shall appear to the Commissioner of the General Land Office that a clerical error has been committed in the entry of the public lands such entry may bo susplended upon proper notification to the claimant through the local land office until the error has been corrected; and all entries Ima:de under the preemption. homestead, desert-land, or timber-culture laws, in which final proof and laymuellt may have been made and certificatcs issued, and to whicl there are no adverse claims originating prior to final entry and which have been sold or incumberled prior to the first day of March, eighteen hundred and eighty-eight, land after final entry to bona fide pirchasers, or incumbrancers, for a valuable consideration, shall, unless upon an investigation by a Government agent, fraud on tlhe part of the purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the land department of such sale or incumbralce: Prorided, 'That after the lapse of two years fiom the date of the issuance of the receiver's receipt upon the final entmry of any tract of land under tihe homestead, timber-culture, desert-land, or preelmption laws, or rnlder this ac(t, and when there shall be no pending contest or protest against the validity of such entry, the entrymani shall be entitled to a patent conveying tlie land by him entered, and the same shall be issued to him; but this proviso shall not be construed to requlire the delay of two years from the date of said entry before the issuilng of a ipatent thereofor. Under this section, whenever a clerical error is discovered in any entry of the public lands whicl can not be accurately corrected by reference to the files, plats, and records of tile General Land Office, such entry will be suspended upon notice to the claimant, and so remain until such error shall have been corrected. The first class of entries confirmed by this section are tlose heretofore made, and with the additional conditions that there was a sale or incumbrance of the land prior to March 1, 1888, and after tlhe issuance - of final certificatte to bona fide purchasers or incumbrancers, and that there is no adverse claim originating prior to final entry. As to this class of entries it must be shown that no adverse claim exists that originated prior to final entry, and this will be usually determined by the records of the local and General Land Offices. The sale or incumbrance must be shown and all conveyances necessary to connect the present claimant of the land with the original entrymanl, by means of the original deeds, certified copies thereof, or a duly certified abstract of the proper records, together with satisfactory evidence that the incumbrance lhas not been discharged or that the land has not been reconveyed to the entryman. The bona fides of the sale or incumbrance must appear to the satisfaction of the officers of the Government. TITLE TO PUBLIC LANDS. The proviso to said sectioni affects, not onily entries muade prior' to the passage of said act, lblt also those miade and to be iiiade subseqItleitly theeto an, a t ths ltte cass, may be said to be a statute of' litnitations. All entr'ies against whtich. conitests or protests by individuals were pending tat the (late of the passage of said act are held to have been. excepted fromn the confirmatory provisions of this proviso, and1 such contests amid lrotests will be considered and disposed of as it' such section had not beeni plassed. Where the lperiodl of two years fronu thle da~te of the receiver's receipt expires after the p~assage o)f said act at contest or protest to be effective to lprevenlt thle confirmnation. of Such entry mnust have been iuitiatcel within suich period. As to the etlect of the proviso of'this section upon0. proceedings iristituted by the Grovernmneit, it is sufficient for the purp'loses of' this circu.lar to saY that suich proceedings as have been or shall be begun within two years, fronm the (late of' the receiver's re-eilpt on. fiuial entry ai'e uiot atfeeted by said proviso, but will be colltinuedl to af finial determiinfation of the questions involved, atnd that such proceedings to be effective to take the entry attacked out o)f the opei'ation of said proviso must hiave been Ibegun~ within the said lperiodl. It is not thought proper ini this circular to enter into details or attemlpt to lay dowvn rules to govern aill questions tha-,t nuay arise in the adlnlinistrationi of' this section, andl for such infbrmation reference ma.-y be hiad to the decisions of the Departniient. AMENDMENTS OF APPLICATIONS AND ENTRIES. Applications to ainenid filings or entries,, inust lbe filed with. thre registei' al(1 receiver, and by them tuansmnitted for the conlsidlelationl of thle Coiiinnissioner of the Genertal Landl Otlice. Rlegisters andl receivers will not change an entry or filing so as to describe another' tract, or (change a, date after the same has been recorded. A p)arty who alleges a mnistake in the description of his filing orI entm'y and desires to alnendl or chitaige the samie so ais to (lescribe anlothler tract niay (10 s0 iii tile nanimer herein. pi'esc_1ribed. He must file with the register and~ receiver a statement tindler oath, couroborated by at lea-st two witnesses, or sustained by strong, corroboratino' facts landl circlumstances, showing the nature of the al leged mnistake and how the ~amne occurredl, and that every retasontable prmecautioni and exertloit had been made to avoid the erroi', and[ that lie h-as not sold, assigned, transferred, o)r melinquished his alleged erroneous tiling or entry, or his claimn to thle land described therein, nor -agreed to do so. Ilie inust; slhow that the error (lid Ilot result fromn want of a personal examinanItion of' the land by lhimself before itaking his filing or entry, and inust state the date whiei heo first examined the lantid hie desire(d to eilter and tile (late hie coinlmnelce(1 his settlement or illllrovemlents thereon, if any, and the character, extent, and value of any -such imlproveuliemnts, and how lie learned that tile alleged error in. descrilptioli had been. muiade. The register and receiver must investigate the facts aiid transmnit the evidence submitted to theni in each case to thle CDouniissioner of the General Land Office, together with their written opinion both as to the existence of the mistake and1 the credibility of each personi testifying thereto anild their recommendation in the matter. (8 I-. D., 187.) In case of an ap~plication. for an entry being returned to tile district land office for amendment, the register amnd receiver should write, across the face thereof; "Amended to [here inisertillig the proper descriptionI TITLE TO PUBLIC LANDS. 91 as per Commissioner's letter of [here giving initial and date]." This notation must be signed by the entryman, after which the register and receiver will attest the same over their signatures and return the application to this office. (13 C. L. 0., 205.) RELINQUISHMENTS. Tho first section of the act of May 14, 1880 (Appendix No. 15, p. 174), provides that when a preemption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office. The register will note on each relinquishment, over his signature, the day and hour of its receipt, and will write the words "canceled by relinquishment" (giving date) opposite the record of the entry in the tract book, the register of entries, and the register of receipts, and will draw a line over tle linumber of the entry on the township plat. On Monday of each week the register and receiver are directed to transmit to this office all the relinquishments accepted by them the preceding week, classifying the same in their letter of transmittal by class of entry so transmitted. Relinquishments run to the United States alone, and no person obtains any right to the land by the mere purchase of a relinquishment of a filing or entry. Entries and filings made for the purpose of holding the land for speculation and the sale of relinquishments are illegal and fraudulent, and every effort in the power of the Government will be exerted to prevent such frauds and to detect and punish the perpetrators. Purchasers of relinquishments of fraudulent filings or entries should understand that they purchase at their own risk so far as the United States is concerned, and must seek their own remedies under local laws against those who, by imposing such relinquishments upon them, have obtained their money without valuable consideration. CONTESTS. Any person may contest an entry, location, or selection made under any law of the United States, for any sufficient cause affecting the legality or validity of the same. Applications to contest must be filed with the register and receiver. An affidavit is required in each case, setting forth the facts which constitute the grounds of contest. This affidavit should be corroborated by the affidavits of one or more witnesses in cases where an entry has been allowed and remains of record. Contest affidavits may be made before any officer authorized to administer oaths. A person who contests and secures the cancellation of any entry of record has a preference right for thirty days from receipt of notice of such cancellation in which to enter the land formerly covered by the contested entry, and during such period of thirty days the said land will be reserved from entry by any other person, though applications to enter made by other persons must, if presented, be received and held to await the expiration of the successful contestant's preference right, after which such intervening applications will be acted upon in the order in which they have been received. TITLE To PUBIC' LANDS. Where an entry exists that is IprinIIa fiacie valid andl an appropriation of the lanid, nio al)lplica-tion to entter will be received for another enttry of the Land until the existing enltry is vacatedl by reguflar p~roceedillgs, except in cases of contests under the thirdl sectionl of the timiber-culture act of Junie 14, 1878. No apll)icatioil. will be received, or anjy rights recognize(1 as filiti-atedl by the teiider of -an application for at tract embrtaced in ii chitittry of record mutil saidl enitry has been callceledl upon thle recordls of the loc-al offce. Thereafter, anid tuntil, the Iperiod. 4accordeed a sutccessful conitestant has exl)ired, or he has waived his lpreferredl righft:, applicaltionls iiiay be received, eitered, antd held sulbject to the rights of the coiitestaiit, the same to be disj)osed of ini the order of filling 111)011 thie expi-a-tionl of tile period -accordedl the successful contestant or 1oponl the filing of his waiver of his p~referredl right. If a contest is brought tagafinst the hieirs of a (leceasedl eiitryin1:11. die" afid~avit of contest must estate the namies ot all kniownt heirs, alld tlie notice of hearii. ngiumst be served oil. ea~ch heir. I f t lie lpelsoll. to lbe served is an inifant unider.1-1 years of,age, or is of unlson mlind,1 serv — ice of njotice shall be lna(le lby (leliverilig a copyA of' the niotice to thle statutory guardian or committee of' such fiifaiit or poi-son of ummsound mIIind, if thiere lbe one, alid if there, be 110mi, thent to the ipersoli liavimig such infiant or l)Cr51l. of mnsotunl liiihidl iin chargre. (19 L 1)., 1. It is p~rovide(d by time aniendatory act of Congress alpproved1 4Jly 21;, 1892 (27 Stat. L., '2i 0; Al)Ipeni(lix _No. '15, p. 2218), that; should aniy Jpersomi who has iniitiated a contest (lie before the lhial teruinia~tiomi of the samiie, saidl conitest shiall not abate lby reasont thereof, but his heirs who are citizens of the Uniited States may con1tinlue thle lpros3ecutioml of smchl contest alld be entltle(1 to the same rights that contestanit wu(ald h~ave beenm if his death hiad not occurred. In any ca-se, whmemi thie (leafli of the con-testanit is sllggestedl upon th recor~d~i, is leiens W are cit izemis of the Uniited States will in all sutbseqiuent p)roceedliiigs lie treated as p)alties to the case, lprovided the (loath of (contestant occurired sabseqiient to the passage of saidl act of July 26, 1892. It is held by the Supreme Court of the Untited States (1Berniier r. Bernier, 147 17. S., 242) that 11pon1 the (deatl oif at lioiinestea(Ier who le~aves flo widow, but both adult anid minor heirs, all rights under the enitry pass to all the heirs equially. and not to the minhor heirs exclusively, as formerly held by the I.)epartmemit. Iii case of a conttest lmnier suich circumstances, therefore, all the heirs lmust be served1 with notice of such contest. Where leave of absence is granfted to a liomnesteadl eiltrymani, conltest for abanrudonmient ecan not 1)0 broughit until six mouths fromt the expirationi of such leave have elapsed, unless fraud iii p)roclmrhig the leave o-.f absenice is chiarged. (I'liltnter r. Wortler, 18 L. D)., 331.) No homestead, timber-cultu-re, desert ha(nd, Or lIreeniption enitry cfail be contested after the lapse of two years from the dlate when fimll.; cortificate has issuledl thereon. (Sec. 7 of act March 3, 1891, 26) Stat. ILJ, 1095.) When af contest has beei i closed before the local land officers aud thieir report forwarded to the Genjeral L-and Office, no additional evideloc'e will be admitted in tile case, unless offered under stipulation of tile parties to the record, excelpt where such e.,vidence is preseilted as the basis of a motion for a newv trial or in sul)1ort of a mineral application or protest (rule 7.2 of Rtules of Practice), anrid mci ther arguments, 1motionls, letters contaimiimg ex parte statements relative to the case, nor even appeals can be considered ummiess they bear evidence of having been duly served upon the adverse party or 1)arties in interest. TITLE TO PUBLIC LANDS. 93 When, pending a contest, a relinquishment of his entry is filed by the defendant, the register and receiver should accept the relinquishment as the result of the contest and, canceling the entry thereupon, give proper notice to the contestant, and proceed, as regards the disposing of the land, as indicated in the above, according to the nature of the case, whether brought under the third section, act of June 14,1878, with application to enter, or otherwise; but inquiry may be properly entertained on the allegation that the relinquishment was in fact an independent tr.ansaction and not the result of the contest, independent of the time whell the relinquishment is filed, being before or after the hearing. Contests of homestead entries on ground of abandonment can not be brought until after the expiration ot six months from date of entry. Conitests of timber-culture entries on ground of noncompliance with law can not be brought until after the expiration of the year in which it is.alleged the failure occurred. Contests of desert-land entries on the ground of failure to irrigate and reclaim the land can not be brought against entries made since March 3, 1891, until after four years from date of entry, but as against entries made prior to said time contests may be brought for such default after the expiration of three years from date of entry. But if in said last-mentioned case the contest is brought before the expiration of four years, it shall be a defense if the entry man shows that prior to the initiation of contest he had taken steps toward perfecting the entry under the amiendatory act of March 3, 1891. In reference to desert-land entries made prior to August 4, 1894, the time for making final proof is extended to five years from date of entry by acts of July 26, 1894, and August 4,1894, and the rule above stated with regard to the time after which contests may be brought, for failure to irrigate and reclaim the land, must be understood with the modification that contests can not be brought against entries to which said acts apply until after the expiration of the time as thereby extended. Tle period covered by a departmental order suspending a desert-land entry must be excluded in computing the time within which reclamation must be effected, and final proof made. Contests of homestead, timber-culture, and desert-land entries for other causes than abandonment or failure to comply with the law can be brought at any time after entry and before patent, without refelrence to the time allowed for compliance with law, provided final certificate has not been issued two years prior to contest. Contests against entries for causes affecting the legality or validity of the same, or against locations or selections of any character, can be brought at any time after the entry, location, or selection has been made, and before patent has issued. On a contest being brought, the officers will set apart a day for hearing, giving all parties in interest due notice of the time and place of trial. In cases of inability to make personal service of the notice, and when it becomes necessary to serve it by publication, the act of Congress of June 3, 1878 (20 Stat. L., 91), directs that the same shall " be printed in some newspaper printed in the county where the land in contest lies, and if no newspaper be printed in such county, then in the newspaper printed in the county nearest to such land." The proceedings in such cases are governed by the rules of practice approved January 27, 1899, which are given in a separate circular. TITLE TO PUBLIC LANDS. SOLDIERS IN THE WAR OF 1898. Under the act approved June 16, 1898 (see Appendix No. 79, p. 256), 1o contest shall be initiated on the ground of abandonment, nor allegation of abandonment sustained against any such settler, unless it shall be alleged in the preliminary affidavit or affidavits that tlhe settler's alleged absence from the land was not due to his eml)loylnelnt il the military or naval service of the United States in time of war, anll all affidavits of contest hereafter filed in which abandonment is alleged must conform to the requirements of this act. SPECULATIVE AND COLLUSIVE CONTESTS. No preference right of entry can be acquired through a contest which is shown by the evidence not to have been prosecuted in good faith. (Dayton v. Daytoii, 6 L. D., 164.) According to the well-settled interpretation of the homestead law in tis l)epartment, residence uponi a homestead is not required as a lrerequisite to a patent, beyond the l)eriod of five years, and it is held that after a patent has been earnedl by five years' actual residence anl(1 improvement, a homestead entry canl not be successfully contested because of a c(hange of residence therefrom witlin the statutory period for the submission of filnal proof. (Lawrence v. Phillips, 6 L. D., 140; Davis v. Fairbanks, 9 L. D., 530.) The period within which final homestead proof may be submitted was extended to eight years from date of entry by the act of July 26, 1894 (28 Stat. L., 123), as to all entries then existing. DISQUALIFICATION OF LOCAL OFFICERS. The act of.Congress of January 11, 1894 (28 Stat. L., 26), enacts as follows, viz: That no register or receiver shall receive evidence in, hear, or determine any cause pending in any district l:nd office in which cause lie is iinterested, directly or indirectly, or has been of counsel, or where lie is rclated to any of the parties in interest by consanguinity or affinity within tlhe fourtlh degree, compuiting by the rules adopted by the common law. SEC. 2. That it shall be the duty of every register or receiver so disqualified to report the fact of his disqualification to the Commlissioner of th (General Landl Office as soon as lie shall ascertain it, aln before the hearing of such ca(use, who thereupon, witl the approval of the Secretary of the Interior, shall designate some other register, receiver, or special agent of the Land Department to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such register or receiver would otherwise have possessed to act in such case. LAND PATENTS. All patents issuing from the General Land Office are issued in the name of the United States, are signed by the President, and countersigned by the recorder of the General Land Office, and are recorded in the office in books kept for the purpose. (Sec. 458, Rev. Stat.) Patents for lands entered or located under general laws can be issued only in the name of thle l)arty making the entry or location, or, in case of his death before making proof, to the statutory successor making the proof, as provided by law. The recitals and description of land in patents will in all cases follow the register's certificate of entry or location, as prescribed by law. Whenl patents are ready for delivery, they will in all cases be transmitted to the local office at which tlhe location or entry was made, where they can be obtained by the party entitled thereto, upon surrender of TITLE TO PUBLIC LANDS. 95 the duplicate receipt, or certificate, as tile case may be, unless the duplicate shall have been previously filed in this office with a request that the patent be delivered as requested by the person sending the samne; and in no case will the patent be delivered, either from this or the local office, except upon receipt of such duplicate, or, in case of its loss from any cause, upon the filing in lieu of the same of an affidavit made by tle present bona fide owner of tlhe lai(l, accounting for the loss of the same, and also showilg ownership of the tracts or a portion thereof embraced in the patent. It is provided in section 8 of the act of March 3, 1891 (26 Stat. L., 1093; Appendix No. 44, p. 221), that suits by the United States to vacate and aiinul any patent previously issued shall onily be brought within five years from the passage of said act, and suits to vacate and annul patents thereafter issued shall only be brought within six years after tle (late of the issue of stucl paltents. IBy act of March 2, 1896 (29 Stat., 42; Appendix No. 67, p. 240), the timle within which such suits might be brought, so far as regards patents issued under a railroad or wagoln-road grant, was extended so as to admit of' bringing suit in such (cases within five years from the passage of tlhe act in cases of patents issued prior thereto, and in cases of patents issued thereafter within six years after the date of the issuallce of the patents, with a provision protecting the titles of bona fide purchasers of such lamids. With reference to furnishilg certified copies of patents, see page 137. STATES IN WHICH THERE ARE NO DISTRICT LAND OFFICES. Any vacant tracts of public land in Ohio, Indiana, and Illinois, States in which there are no land offices, may, under thle act of 1March] 3, 1877 (19 6tat. L., 315), be entered at the General Lan(d Office, sub ject to tlie provisiols of law touching the entry of public la(nds,:and the necessary proofs anld affidavits required in such cases may be limade before solme officer competent to administer oaths under the provisions of tlhe act of May 26, 1890 (26 Stat. L., 121; Appendix No. 38, p. 213), and moneys received by the Commissioner of the General Land Office for lands entered by cashl entry slhall be covered into the Treasury. ll (cairying illto effect thle provisions of this act the following method will be observed: A clerk has been designated by the Commissioner to receive and act upon thle applications which may be offered for such entries alld to liave charge of thle correspondence connected therewith. All moneys received go into tlhe clharge of tlIe receiving clerk (designated under section 461 of the Revised Statutes; Appendix No. 1, p. 143), and any loneys found to belong to thle United States on the cases being fillally passed upon are turned over to the Treasury according to law. Applications will be immediately entered in a preliminary abstract for each State in the order in which they are received; will be carefully examined iin connection with thle plats, files, and records, and admitted or rejected according to the law and instructions governiilg the case. From such preliminary abstracts the admitted applications will be carried to a, regular monlthly abstract, and the proper certificates and receipts will be issued by the Commissioner, acting as ex officio register and receiver. The entries thus admitted will be properly posted in the tract books, and the papers therefor placed on file for such further action as may be necessary. These entries will be nlumbered consecutively in continuation of the series entered upon at tlhe respective district offices. The applicants will be promptly advised of the result of 96 TITLE TO PUBITC LANDS. the examination, and, where tile desired eltries are admitted, will be furnished with the appropriate paper, to be held as evidence of title until the delivery of the patents. In case of conflicting applications, tlat which is first received will be first acted upon, as above directed, and will be considered as giving tlle applicant the legal right to the tract applied for if unexceptionable in other respects. REJECTED APPLICATIONS TO MAKE ENTRY. Where an application to file for or enter public land is refused by the register and receiver they must notify tlhe applicant of tile rejection of the alpplicatiou and the cause tlereof, and tllat lie is allowed thirty days for appleal to the Commissioner of the General Landl Office. I-ejected applications will be retained by the register and receiver on the files of their office. When notice of rejection is sent through the mails, five days will be allowed for the transmission of tlhe notice, and five (lays for tlhe transmission of' an appeal, makiiig forty days in all froll the issue of notice in which to place the appeal on file in the district land office. APPEALS. Appeals must be in writing and be filed in tlhe district ]and office. An appeal should state as plainly as possible the grouind of olbjection to the decision appealed from. The register and receiver will at once transmit tle appeal to tlhe General Land Office. No appeal from tile decision of the local ]and office will be received at the General Land Office unless forwarded through the local officers inl the manner herein prescribed. REPORT OF REGISTEIl AND RECEIVER. The appeal slould be accompanied by a report upon tlhe case by the register and receiver. This report slould recite tle proceedings had, to wit: The application and rejection, with the reasons therefor; tlhe status of the tract involved, as shown by the records of the office, together with a reference to all entries, filings, annotations, memoranda, and correspondence shown by such record relating thereto, so as to direct the attention of tlie Commissioner to all tle material facts and issues necessary to a proIer determination of tlhe questions presented. Thle report should be forwarded at once upon the filing of tlhe appeal, except in contested cases after regular hearing, when, unless all parties request its earlier transmission, it should not be made until the expiration of the thirty days included in tile notice, in order that all parties may have full opportunity to examine tlme record and prepare their arguments upon tlhe questions at issue. All documents once received must be kept on file witl the cases, and no papers will be allowed under any circumstances to be removed from such files or taken from the custody of the register and receiver; but access to the same, under proper rules, so as not to interfere with necessary public business, should be permitted to the parties in interest, under the supervision of those officers. TITIE TO IUBLIC L,\NDS. 97 ACTION OF (;GENERAL LAND) OFFICE. Of the sufficiency of such al)ppeal the General Land Office will be the judge, and will dismiss fion fiurther notice any case whereinl the appeal is based upon frivolous grounds, or where tile proper formalities are wanting, unless, either in the record of thle case or upon the books of this office, some sufficiellt cause shall be found for firther consideration under the general plower of supervision vested ill tle Commissioner by law. APPEAL FROM THE GENERAL LAND OFFICE. Upon any question relating to the disposal of the public lands appeal fromi the decision of tlhe Colmmissioner of the (eeneral Land Office will lie to the Secretary of the Interior (Rev. St.at., sees. 441, 22733; Appendix No. 1, pp. 143 tandl 14!), except in cases of interlocutory orders and decisions aiid orde:s for hearing, or other Ilatters resting in tlie sound discretion of the Commissioner. Tliese cases constitute matters of excel)tion, wlhicll should be noted, alld they will be considered I)y the Secretary on review. Tle, al))eal is reqluilred to be mllale ii writilg, fairly and specifically stating the points of exception to tlie decisioli appealed from, and must be filed eitlher withl tlhe register andl rece iver lor transmission or with the Comlmnissioelr. witllin sixty days from receipt, by tlhe 1party or his attorney, of tlie nlotice of the decisioli. Whenl notice is given through the mail by the register andm( receiver, five days are allowed for tlle transmlissioll of tlhe letter from tlhe local latnd office, and five days for the return of tlle lapeal through the saime channel, making a total of seveinty days fromi dalte of imailing. After appeall is liled tlhe fa.ct of its receipt and pendency will be promptly collmm iciated to the district office and to tlme parties, and tlhirty days from service of such iiotice will be allowed for the filing of argument oil t le p)oinits involved ill tlle controversy. At tile expiration of the time lprescribed the lpal)ers aind record will be forwarded to the Secretary of tlie Interior. All arguieiilts shall be filed with the Commissioner within the time specified in tile notice in order that tley may be referred to 1and considered in tran;llsitting tlhe case to the Secretary, if deemed exl)edient by the Co:mlmissioner. Examination of cases on apl)leal to tlie Secretary will be fiacilitated by filing in printed form such argument as it is desired to have considered. Decisions of the Commissioner not ap)l)ealed( from witlin the period prescribed become final andl the case will be regularly closed. (Sec. 2273, Rev. Stat.; A])pendix No. 1, 1). 149.) The decision of the Secretary is necessarily final so far as respects the action of tlhe Executive. The mlllior details of tlhe mllamer of proceeding in cases of contest before the Commissioner of the Geiieral Land Office and the Secretary of the Interior, for the inlformalltion al(l guidlance more esl)ecially of land officers and attorneys, maly be found set forth in a separate pamphlet entitled Rules of Practice. DEPOSITS FOR SPECIAL SURVEYS. 1. The provisiols of law governing such surveys and the issue Iand application of certificates of deposit on account thereof, are sections 2401, 2402, and 2403, as amenCded by thle act of August 20, 1894. 3073 7 TITLE TO PUBIIC LANDS SEc. 2401 (as amended by act of August 20, 1894): When the settlers in any township not mineral or reserved by the Government, or persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof, or when the owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of the surveyor-general, and shall file an application therefor in writing and shall deposit in a proper United Stateo depository to the credit of the United States a suim sufficient to pay for such survey, together with all expenditures incident thereto, without cost or claim for ilendemnity on the United States, it shall be lawful for the surveyor-general, under such instructions as may be given him by the Commissioner of the General Land Office, and in accordance with law, to survey such township or such public lands owned by said grantees of the Government, and make return thereof to the general and( proper local land office: Prorided, That no application shall be granted unless 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 lases for township and subdivisional surveys. Scc. 2102: The deposit of money in a proper United States depository, under the provisions of the preceding section, shall be deemed an appropriation of the sums so deposited for the objects contemplated by that section, and the Secretary of the Treasury is authorized to cause tlhe sumns so deposited to be placed to the credit of the proper appropriations for the surveying-service, but any excesses in such sums over and above the actual cost of the surveys, comprising all expenses incident thereto for which they were severally deposited, shall be repaid to the depositors, respectively. SEc. 2103 (as amnended by the act of August 20, 1894): Where settlers or owners or grantees of public lands make deposits in accordance with thle provisions of section twenty-four hundred and one, as hereby amended, certificates shall be issued for such deposits, which may be used by settlers in part payment for thle lands settled upon by them, the survey of which is paid for out of such depo.;its, or said certificates may be assigned by indorsenment, and lmay be received by tlhe Government in payment for any I)publlic lands of the TUnited States in the States where the surveys were mnade, entered, or to be entered, under the laws thereof. APPLICATION FOE SURVEYS. 2. The amended law authorizes applications for surveys by settlers, or by persons and associations lawfuilly possessed of coal lands and otherwise qualified to make entry thereof, or by the owners or grantees of public lands of the United States under aiiy law thereof. SETTLERS' APPLICATIONS. 3. The law contemplates bona fide surveys upon bona fide applications by actual settlers. Settlers are persons who have attaclhed thlemselves permanently to the soil. Nomadic persons and persons emplloyed by others to make applications for surveys or to make alleged settlements for the purpose of acquiring a title to lainds to be transferred to others are not settlers within tlhe meaning of tlhe law and are not lawful applicants under the provisions- allowing settlers to make deposits for public-land surveys. 4. In the case of applications for surveys by settlers the body of such settlers in the township, the survey of which is desired, must join in the application. There must also be a sufficient number of settlers to show good faith and to indicate that the survey is honestly desired for the benefit of existing actual settlements as contemplated by the law. 5. Applications for surveys must be inmlade in writing, and must designate, as nearly as practicable, the township to be surveyed, and state that the applicants are well acquainted with tlhe character and condition of the land included in said township, and that the same is not mineral or reserved by thle Government. Such applications must also particularly describe the land sought to be surveyed, stating whether the same is cultivable, grazing, timber, desert, swamp, mountainous, rocky, etc., and the reasons why it is claimed to be nonmineral, and TITLE TO PUBLIC LANDS. 99 must state the number of settlers in tlhe township, the character and duration of their inhabitancy of the land, tlhe extent and value of their improvements, the uses made of tlhe land, and the quantity under cultivation. The situation of the township il respect to lines of public communication and the progress of the settlement of the country slould be described, and all facts and circumstances stated which will enable an intelligent judgment to ble formed in respect to the propriety of making thle survey applied for. Tlese statements must be verified by affidavit, and applicants must also declare that their applications are made in good faith and not for the purpose of enabling a surveying contract to be obtained, nor at the instance or in the interest or for the benefit of any other person. 6. Townslips within knowin mineral belts or known to contain miii eral lands or lands reserved by tlhe Government are not surveyable under tlhis system. 7. Surveys under tlhe deposit system ai e authorized only where " the township so proposed to be surveyed is wtithin the range of the regqular profgress o' the public surceys emlbraced by e.xisting stt tndaird lines or bases for the towenship amnd subditisional sutrvcys." Un(ler this provision of the law it will be lleld that only township exteriors and subdivisional lines are surveyable, and that the deposit system is not applicable to tlhe survey of standard liles or bases. 8. Retracemenlts, or the resurvey of lines previously surveyed will not be deemed authorized under the deposit system. 9. Surveyors-geieral will critically examine a1ll applications for survey, testilg the accuracy and reliability of tile statements made by their knowledge of persons al1n lands andl tile best iuformation they can obtain. They will reject all applications not believed by them to be made in good fiiith and uponl truthful statements of faict. 10. When an application for survey is approved by the surveyorgeneral he will transmit the salme to tils office, with the required proofs and his report upon the same, giving his reasons il full for the recommendation made. It is not believed that fictitious applications, or applications lprocured at tlhe instance of surveyors or of operators in contract surveys, or applications designed to open unsettled townships to fraudulent entry, can successfully be imposed upon vigilant and fiitllful oflicers. Surveyors-general will tlerefore be held to strict accountability for their reconmmendationl of applications or contracts hereafter found to be fictitious, fraudulent, or speculative. 11. If the application is approved by this oflice it will be returned to the surveyor-general witl authority to furnish the necessary estimate to applicants, and, upon proper (el)osit being made, to enter into contract for the execution of tlhe survey. 12. The surveyor-general will furnish applicants with two separate estimates, one for the field work and one for office expenses. H-e will estiraate adequate sums, and tlle practice of requiring additional deposits to cover excess costs will be discontinued, except when expressly authorized by this office. 13. Upon receiving such estimates applicants may deposit, in a proper United States depository (which should be in the land district in which the township to be surveyed is situated), to the credit of the Treasurer of the United States on account of surveying the public lands and expenses incident thereto, the sum so estimated as the total cost of the survey, including field and office work. If there lbe no public depository in the land district in whicl the lands are situated, the deposit may be made in an adjacent land district. TITLE TO PUBLIC LANDS. 14. Surveyors-general will not under any circumstances accept, for the purpose of makiig the deposit, moneys from applicants for surveys, either field or office work, but will instruct the applicants to deposit the amount in accordance with the instructions contained in preceding paragral)h. 15. For convenience in the use and application of certificates, the deposits should be made in such sums as that no certificate shall bear a face value of more than $200. 16. Applicants must be instructed fully as to the necessity of iimmediately transmitting the original certificate to the Secretary of the Treasury, the duplicate to the surveyor-general, and the retention of the triplicate. 17. When evidence of the required deposit is furnished iri accordance with the foregoing regulations the surveyor-general will invite proposals for the survey by notice posted in his office for a period of thirty days, specifying the survey to be made, and stating that the contract will be let to the lowest responsible bidder (being a practical and reliable surveyor) at rates not exceeding those established by law for surveying tlhe public lands. A copy of such notice will also be transmitted by the surveyor-general to the register and receiver of tlle land district ill which tle township to be surveyed is situated, and it shall be the duty of registers and receivers to post such notices coinspicuously in their offices. 18. The surveyor-general will prepare a contract with the accepted bidder, and transmit the same to this office for approval in the usual lanner. 19. Triplicate certificates of deposit are receivable from the settlers making thle deposits in part l)aylmenlt for the lands settled ulpoil by them tlhe surveying of which is paid for out of such deposits. 20. Thle triplicate certificates may be assigned by indorsement, and when so assigned may be received inL paymenlt for any public lands of the United States entered or to be entered under the laws thereof in the States in which the lands surveyed for which the (deposit was made are situated. 21. Such certificates hereafter issued will not be regarded as assignable or receivable until tlhe township for the survey of which the deposit was made has been surveyed and the l)lat thereof filed in the district land office. 22. Where the amount of a certificate or certificates is less tlian the value of the lands taken the e balance must be paid in cash. 23. Where the certificate is for an amount greater thani the cost of the land, but is surrendered ini full paymenit for such land, the receiver will indorse oil the triplicate certificate the amount for which it is received, and will ciharge the United States with thlat amount only. 24. There is no provision of law authorizing tlie issue of duplicate certificates for certificates lost or destroyed. EX(ESS IREl'AYMENTS. 25. Where the amount of the deposit is greater than the cost of the survey, including field and office work, the excess is repayable upon an account to be stated by the surveyor-general. 26. The surveyor-general will in all cases be careful to express upon the register's township plat the amount deposited by each individual, the cost of survey in the field ald office work, and the amount to be refunded in each case. TITLE TO PUBLIC LANDS. 27. Before transmitting accounts for refunding excesses the surveyorgeneral will indorse on the back of the triplicate certificate the following: "$- refunded to -, by account transmitted to the General Land Office with letter dated-,"- and will state in the account that he has made such indorsement. Where the whole amount deposited is to be refunded the surveyor-geleral will require the depositor to surrender tlhe triplicate certificate, and will transmit it to this office with tle account. 28. No provision of law exists for refunding to other than the depositor, nor otherwise than as referred to in the preceding sections. ASSIGNMENTS. 29. Certificates "may be assigned by indorsement." Tile indorsemenlt required is that the person in whose name the deposit is made shall write his name on the back of the triplicate certificate. 30. When there are several parties to or assignees of one certificate tlhe register and receiver will make thle proper indorsemnelt on the triplicate certificate, slowing tlhe satisfaction of thle pro rata share of e:clh party interested. They will make tlhe salne notes on tle register's certificate of )purclhase and the receiver's original and duplicate receipts. 31. Wllen tlIe entire amounmt of a certificate is not satisfied at the same time, tlie triplica te sllould be retained by ttle receiver until satisfied. But suclh certificate slould, as fair as practicable, be satisfied during the current quarter. 32. Certificates are not receivable in payment of fees and commissions clargeable by registers and receivers under section 2238, Revised Statutes of the United States. REGISTERS' AND RECEIVERS' RETURNS. 33. In their monthly casll abstracts the register and receiver will designate the entries in w7hich certificates of deposit are used and the balance paid in cashl, if any, noting on tlhe certificates of p-urchase and receipt the manner of payment. The receiver in his monthly account current will debit tlhe United States with the amount of such certificates, and in his quarterly accounts will specify each entry witli these certificates, giving number, date, amount for which received, by whom and with whom the delposit was made, and debit the United States with tlhe same. 34. The receiver must write across the face of each accepted certificate the ldate of its receipt in payment of land, tle number of the entry, and description of the tracts sold. 35. Certificates received in paymelt for lands sold must be forwarded once a month to this office, with letter of transmittal and abstract. (Form 4-543.) 36. Surveyors-general are directed to instruct their deputies that they must designate in the field notes and plats of their surveys the location of each and every settlement within a township surveyed, whether permanent in character or not, together with the names of such settlers and their improvements, if any. 37. When no settlers are found in a township the field notes of survey must expressly so state, and an omission to describe the settlements and imlrovements, or the absence of one or both in the field notes and plat, will be deemed a sufficient cause to infer fraud, and the accounts of the deputy will be suspended until such omission shall have been supplied. A suspension of the commission of the deputy 102 TITLE TO PUBLIC LANDS. will in the meantime take place, and all thle facts will be reported to this office for consideration and action. 38. In every case of a contract heretofore or hereafter approved which the surveyor-general has reason to believe was fraudulently procured, such contracts and the accounts thereunder liust be immediately suspended and the facts reported to this office. CERTIFICATES ISSUEI) PRIOR TO AUGUST 20, 18991. '39. Receivers of plublic moneys in accepting in payment for public lands certificates issued for deposits made under the provisions of section 2401 (prior to the amendlments of said section by tlle act of August 20, 1894) are guided by the following instructions: 40. The triplicate certificates representing such (leposits are receivable from the settlers mlaking the ldeposits in part l)aynlent for their lands entered under the preemption and homestead laws and situated in the township the surveying of which wais paid for out of suchl deposits. 41. The said triplicate certificates may be assigneLd by indorsements and when so assigned be received in p)aynment for lands "entered by settlers under the preemp)tion and homestead iaws" of tlhe Unlited States in accordance with te oviion co i the ovisions i the llowing paragraphs. 42. Triplicate certificates issued prior to the act of March 3, 1879, can be used only in payment for lands situated in the township, tlie surveying of which was paid for out of such deposits. 43. Triplicate certificates issuedl subsequent to the act of March 3. 1879, and prior to the act of August 7, 1882, can be used in payment for lands in any land district. 44. Triplicate certificates issued on and after August 7, 1882, and plrior to August 20, 1894, cal be used in p)aymniet for lands only in the land district in whicl the surveyed township is situated, except when issued for additional deposits upon contracts entered into prior to August 7,1882. 45. Triplicate certificates issued subsequent to the act of August 20, 1894, for additional deposits to cover costs of surveys under contracts entered into prior to August 20, 1894, can be used only in payment for lands " entered by settlers under the preelmptionl and homestead laws" of the United States and in conformity to existing law at the date such contract was made. COAL CLAIMANTS' A'lPIICATI(ONS. In addition to the rights of settlers, referred to in the foregoing portions of this circular, sections 2401, 2402, and 2403, Unlited States Revised Statutes, as amended by the act of August 20, 1894, embrace provisions in favor of "' persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof:" The coal-land laws contained in sections 2347 to 2352, United States Revised Statutes, provide methods by whichl persons properly qualified may become lawfully possessed of coal lands even before the survey of the lands, and be entitled to enter the saime after survey. For particular information in regard thereto reference is made to departmental circular of July 31, 1882, entitled, Coal Land Laws and Regulations Thereunder. Such parties, in cases wliere tlle tracts of whicl they are lawfully possessed are still unsurveyed, may, under said sections 2401, TITLE TO PUBLIC LANDS. 103 2402, and 2403, as amended by act of August 20, 1894, apply to the surveyor-general for the surveying district in which the lands are included for a survey of the township or townships including the land, according to the provisions of said sections. Such an application must be accompanied by the affidavit of the applicant or applicants substantially as prescribed for declaratory statements on page 7 of the said circular of July 31, 1882, corroborated by the testimony of two or more witnesses, in which the qualifications of the applicants, the character and location of tlhe land, indicating the township or townships in which it is included as nearly as practicable, and other essential facts must be so set forth as to satisfy the surveyor-general that the case comes properly within the provisions of the law as above given. He will thereupon, if he approves the apl)lication, transmit the same to this office, with the required proofs and his rep)ort. Subsequent proceedings will be governed by the regulations as hereinbefore given- under the head of " Settlers' al)plications." OWNERS' OR GRANTEES' APPLICATIONS. The same righlts accorlded to settlers and to lpersons and associations lawfully possessed of coal lands, and otherwise qualified to make entry thereof; are extended also to " the owners or grantees of public lands of the United States under any lavr thereof," aIid sublstantially the same instructions will apply to the last-mentioned clai.s of cases is those above expressed with regard to the other classes of cases. The alpplicants must produce with their atppllic.atiols proof of their ownership of the land, to consist of tleir own affidavits, corroborated by witnesses, aln( such other proof as may be available to satisfy the surveyor-general of the essential facts, inicluding a showing of the locationi of the hland, in what township or townships situated, as nearly as practicable, the statute making the grant, or other source of title, as well as the identity of the applicants, with the true owners or grantees. The surveyor-general, if he approve the application, will transmit tile same to this office witll the proofs and his report as provided for in tlhe otler classes of cases. In regard to subsequent proceedings, the instructions given under the head of "Settlers' applications" will generally apply. REGULATIONS GOVERNING THE RECOGNITION OF AGENTS AIND ATTORNEYS BEFORE DISTRICT LAND OFFICES. 1. An attorney at law who desires to represent claimants or contestaidts betfre a district land oflice mlust file a certificate, under the seal of a United States, State, or Territorial court for the judicial district in which he resides or the local land office. is situated, that he is an attorney in good standing. 2. Any person (not an attorney at law) who desires to appear as an iagent for claimants or contestants before a district land office must file a certificate from a judge of a United States court, or of a State or Territolial court having common-law jurisdiction, except probate courts, in the county wherein lie resides or the local office is situated, duly authenticated under the seal of the court, that such person is of good moral character and in good repute, possessed of the necessary qualifications to enable him to render clients valuable service, and otherwise competent to advise and assist thenm in the presentation of their claims or contests. 104 TITLE TO PUBLIC LANDS. 3. The oath of allegiance required by section 3478 of the United States Revised Statutes must also be filed by applicants. In case of a firm, the names of the individuals composing the firm must be given, and a certificate and oath as to each member of the firm will be required. 4. An appl)icant to practice under tlhe above regulations must address a letter to the register and receiver, inclosing the certificate and oath above required, in which letter his full name and l)ost-office address must be given. lie must state whether or not lie has ever been recognized as an attorney or agent lefore this Departmlent or any bureau thereof, or any of the local land offices, and if so, whether he has ever been suspenldel or disbarred from practice. He must also state whether le hIolds any office under the Government of the United States. After an application to practice has been filed in due form, the register and receiver will recognize the applicant as an attorney or agent, as the case may be, unless they have good reason to believe that the person naking tlhe application is unfit to practice before tleir offices, or unless otherwise instructed by the Commissioner or Secretary. Registers and receivers must keep a record of the names and residences of all attorneys and agents recognized as entitled to represent clients in their several offices. Every attorney must, either at tlme time of entering his appearance for a claimant or contestant or withini thirty (lays thereafter, file the written autlority for such appearance, signed by said claimant or contestant, and setting forth his or her present residence, occupation, and l)ost-office address. Upon a failure to file such written authority within the time limited, it is the duty of the register and receiver to no longer recognize him as attorney in the case. An attorney in fact will be required to file a power of attorney of his principal, duly executed, specifying thle power granted and stating the party's present residence, occupation, and post-office address. When the appearance is for a person otler than a claimant or contestant of record the attorney or agent will be required to state the name of the person for whom he appears, his post-office address, the character and extent of his interest in tle matter involved, and when and from what source it was acquired. Authorizations and powers signed or executed in blank will not be recognized. If any attorney or agent shall knowingly cormmit any of the following acts, viz: Represent fictitious or fraudulent entrymen; prosecute collusivecontests; speculate in relinqulishlmentsof entries; assist il procuring illegal or fraudulenit entries or filings; represent himself as the attorney or agent of entrynmen when he is only attorney or agent for a transfereu or mortgagee; conceal the name or interest of his client; give pernicious advice to parties seeking to obtain title to public land; attempt to prevent a qualified person fromn settling upon, entering, or filing for a tract of public land properly subject to such entry or filing, or be otherwise guilty of dishonest or unprofessional conduct, or who, in connection with business pending in local land offices or in this Department, shall knowingly employ as subagent, clerk, or correspondent a person who has been guilty of any one of these acts, or who hlas been prohibited from practicing before the registcr and receiver or this l)epartment, it will be sufficient reason for his disbarment from practice, and registers and receivers are authorized to refiuse to further recognize any person as agent or attorney who shall be known to tlem or be proven before them to be guilty of improper and unprofessional conduct as above statel. An attorney or agent who h:s lbeen Ladmitted to practice in any par TITLE TO PUBLIC LANDS. ticular land district may be enrolled and authorized to practice in any other district upon filing with the register and receiver of such district a certificate of the register or receiver before whom he was admitted to practice that lie is an attorney or agent in good standling. Any unprofessional conduct on tle lpart of an attorney or agent should be reported to the Commissioner at once, together with the action of the local land officers in the premises. Appeals from tlhe action of the register and receiver inl refusing to admit to practice or in refusing to further recognize an agent or attorney will lie to the Commissioner and Secretary, as in other appealable cases. (Circular approved March 19, 1887, 5 L. 1)., 508.) REPAYMENTS. Section 2362 of the Revised Statutes (Appendix No. 1, p. 159) provides for repayment to the purchaser, or his legal eresenltatives or assignees, lupoi proof " that any tract of land has been erroneously sold by thle United States, so that from lany cause tile sale can not be confirmed." Section 2 of the act of June 16, 1880 (21 Stat. L., 287; Appendix No. 21, p. 179), 1rovides that "in all cases wliere homestead, or timber culture, or desert-llnd entrics, or other entries of public 1allands hav e beei hleretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry lias been erroneously allowed and cal ilot be conlfirmed," the amount of Ilurchase money, fees, and commlissions nmay be repaid. DEFINITION OF "IERRlONEOIUSLY ALLOWEI\- ).' This can not be given an interpretation of such latitude as would countenance fraud. If tlhe records of tle Land Office, or the proofs tUrnished, should show that tlie entry ought not to le permittel, and yet it were permitted, then it would be " crroneously allowed." But if a tract of land were subject to entry, and the proots showed a. compliance with law, and the entry should be canceled because the proofs were shown to be false, it could not be held that the enltry was "erroneously allowed;" and in such case repayment would not be authorized. APPLICATION FOIR REPAYMIENT O(F P'UIC ( H1AS1, 31ONEY. In applications for repayment where patent has not issued, the duplicate receipt must be surrendered. The applicant must make affidavit that he has not transferred or otherwise encumbered the title to the land and that the samle has not become a matter of record. This affidavit may be made before either the register or receiver of the district land office, or before any officer authorized to adniilister oaths. When made before a notary public or justice of the peace a certificate of official character is required. Where the duplicate receipt has been lost or destroyed, a certificate will also be required from the proper recording officer, showing that the same lias not become a matter of record and that there is no incumbrance of tlle title to the land thereunder. A like certificate must be furnished when the application is made by another than the original purchaser. Where a patent has been executed land delivered it must be surreldered. TITLE To PUBLIAC LANDS. W\here the title, has becomnea matter of record, and in all eases where -patent has issued, a duly executedl deed, relinquishing to the United States all right and claimt to the land under the enitry or patent, nirust accomipany the application. This deed must be duily recorded, andt certificate must also he lpLodlcedl from th e proper recordlingC oficer wliere the land is situatedl showing that said dlee(1 is so recor(ledl anid that the records of his office (10 not exhihit any other conveyance or incumlbranlce of the title to the land(. 'Where a validl title to the landl elnlrace(1 iii a canceled entry has beeni coiiveyedl by the Governmient to othier parties, the applicant for repayment under such can eeledl en try ii ist rec-onvey to the United. State-s the title derived fromn such ilivalidl entry. If, however, the applicant has acquired the valid title alreadly conveyed by the Uniited States, it will not be necessary for himi to reconvey the land, bitt lie may mrake a full statement, with corroborative evidence of the facts, waiviiig tall claim nuder the inv~alid entry, a1nd thereupon receive rep)ayiinent of the amount erronmeou.hy lpaid. The reconveyance to the Uitited States must coiifornm in every lparticular to the laws of the State or Tfcrritory in which the land is located relative to transfers of real property; in the case of a married iman, inl localities where the righlt of' dower exists, there must be a release of dower by the wife,,mid lit caise of tan executor or adIministrator, (Ite proof of authority to alienate the estate. TIEiRS, EXECUTORS8, AN]) ADMINISTRATORSz. Where application is made by heirs, satisf-actory proof of heirship is requred.Thi mus bethe best evidencee that cait be obtained, a~ must show tltat the lparties applying are the heirs anid the only heirs of the deceased. Wh'ere application is mnade by executors, a certificate of' executorsliip fromt the probate couirt must taccoiti1)(aiy the aipplicatioii. Where apid1ic,,atioii is made by adiniiiistiators, the o1irigiual Or a certified copy' ot the letters of' adminiiistratjolt must be furimished. ASSIGNEES. Assignees, of land who purtliase after entry taro, lit gemieral., deemed entitled to receive the repaymetit wheni the lNds& are found to have been erroneously sold by the Governmten-t. But this rule does not aplply to the repayment of (louble minimum excesses. Where applications are mfadle by a-ssigniees, thme applicants must show their right to repaynient by fun iishiin g properly authenticated abstracts of title, or the origiiial deeds or inistrtinments of assignrment, or certified copies thereof, and also show bytaffidavits or othierwvise that they have not been indemunified by their grantors or assigiiors for the fiailure, of title, and that title has iiot lbeel lpetfectedl it them by their grantors through other sources. Where titere has been a coiive~yaince of tlte land and the original hpurchaser applies for repaymemtt, he must sltow that lie has ind~enmnified his assignee or perfected the title in him through atiother source, or produce a full reconvoytanee to himself from ~he last grantee or assignee. REPAYMENT OF FEES, COMMISSIONS, AN]) EXCESSES. The first sectiont of the act of Junue 16, 1880, lprovides for the repayment to innocent parties of thme fees, commnissionms, and excess payments made -upoit soldiers' additiontal Itomestead ei~itries which were, after location, fouind to be fraudulent anil void and have therefore been canceled. TITE TO PUBLIC LANDS. App)licatiolns for reI)aylnellt under tlhis section Illust be ac(:colpa)lied by tile (luI)licate receil)t, or evidellce of the loss of the same, and by a concise statemeiit under oatll setting forth all the facts and circumstances co:nnecte(l with the procurement and use of the frati(ulent papers ulpon which the canceled enltries were based, together with such documentary or otlher l)roof as may tend to establish the innocence of the ])alties relative thereto. In the c-ase of soldiers' addlitional homestead entries, repayment of fees, comumissions, aInd excesses can be made only to the party who paid the samiie-not to a plarty to whom the claimant conveyed the land. -Il the case of appl)ications for the repayment of fees, comlmissions, etc., on callcele(l homestead and other entries, under the second( section of the act, thle duiplicate receipt nlust be surrendered, with a relinlquishmnelt of 1all right, title, atid claimil inl and to the Mland described in thle receipt ildleorsed thereco, attested by two witnesses, and ackliowledged before the register and receiver or before aly officer authorized to take acknow-lcdg'meIlts. If tle duil)li(cate receil)t has been lost or destroyed, an aflidavit stating' tlhe ifict must be furnished, together with a relinquishmet of' tle c'haracter inldicalted. Thle applicanlt must make affi(lavit thllat lie las lt mlla(e alotlher enitry witlh the credit of the fee and commlissiol pa id( 1ti lbiyu (on tlothe canceled elmtry. REl'iAYMEINIT 01 1)(1 I I3LE NIINIMTUI IEXCESS. The last c(l;se of t lle seceodl(l sectio)n of tile act of Jltne 16, 1880, provides that "in all cases where ).parties lhave p)aid double minimum price for land whlich hlas afterlwards been foiund not to be w-ithin the limits or a railroad laiind gianlt, tile excess of $1.25 per acre shall inl like Imanner be relpaid to thle l)urchllser tllereof or to the heirs or assigns." n11 such cases the dupllicate receil)t mnust be surrendered; or if lost or diestroyedl, an affidavit st.ating tllhat fict mlust accompany the a)pplicatioIi. Repa.yment o1' dlouble millilnlmi excesses will be made only to thle original eltrynl;lll, hlis hleirs, or legal representatives, or to tlhe assignee, specifically, of tile excess l)nrchase money. Thle sale a1d transtfr of tile land is iot of itself treated 1as al assignllenlt t of the right to receive repayment of dlo1l)le milinlllull excess. TRANSMITTAL OF APPLICATIONS. All applications for repCaylnenllt nIuder the above provisions must be made in writilg all be signled by tie party ap)plying, and miust describe tle tr'act or otherwise (lesignltate the entry with certainlty. They should b1e traiismi:itte(l, witll all tile.lpers in the case, through tile register and receiver of' the prolper district land office, who will make due report tllereoln. REI'AYIMENTS UNDER T'IIE ACT OF MARCH 3, 1887. Il addition to thle provisions for repayment mentioned in the foregoing, there are specia.l provisions contained in the act of March 3, 1887, entitled "'An.act for the relief of settlers and purchasers of lands on the public domain inl the States of Nebraska and Kansas." (24 Stat. L., 550; Aplpeidix, No. 30, p. 184.) Under these provisions three classes of persolls who settled uponl or purchased lands within the grant made by ain:act entitled "An act for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas Railroad TITLE TO PUBLIC LANDS. and Telegraph," approved July 23, 1866, are entitled to reimbursement, viz: 1. All persons, their grantees, heirs, and devisees, who settled upon or purchased lands within the limits of the grant in question, and to whom patents have been issued, but against whonl decrees have been, or may hereafter be, rendered by the Ulited States circuit court on account of the priority of the railroad grant. 2. Any person, his grantees, lleirs, assigns, or devisees, who shall prove to the satisfaction of the Secretary of tlhe Interior that his case is like those of the class above described, except tlat hc has not been sued and subjected to judgment, and that he las, in good faith, without litigation, paid to the person holding the prior title by the railroad grant the sum demanded of him. 3. Only actual and bona fide settlers on the lands referred to in the preceding sections, their granltees, lieirs, representatives, or devisees, are entitled to reimbursement under the decree, not to exceed $3.50 per acre; but no one person shall be entitled to compensation at such rate for more than 160 acres. 4. All other persons who purchased any part of said lands at $1.25 per acre, their lleirs, assigns, or legal representatives, are entitled to repayment at $1.25 per acre, provided said money was actually paid inlto the Treasury. In the execution of this act tlhe following regulations are prescribed: 1. All applications under tllis act must be made in wrtiting, alld be signed by the party applying, and must describe the tract and designate the entry with certainty. 2. Claimants of the class first described must file copy of the decree, duly certified by the clerk and u(nder the seal of the court rendering the same, to the effect that such a decree was rendered in a bona fide controversy between a plaintiff showing title under the grant and a defendant holding the patent or holding by deed under thle patentee, and that the decision was in favor of thle p)laintilf on the ground of the priority of the grant made by said act to tlhe filing, settlement, or purchase by the defendant or his grantor. 3. Claimant must also file with said decree and certificate a bill of costs in such case, duly certified by the clerk and undter tlhe seal of the court in which the decree was rendered. 4. Claimants of the second class will be required to furnish a certified copy of the record of the transfer from said comlnpany, or from the company's grantee, with evidence that he has in good faith paid to the person holding the prior title tle sum demanded of him without litigation. 5. Claimants of the third class should apply for a refuindment of purchase money in accordance with regulations governing the repayment of purchase money for lands erroneously sold. 6. When the grantee, assignee, or devisee of the original purchaser makes application under this act, he must, in addition to the foregoing, show his right to receive the money by furnishing proper autlhenticated abstracts of title, or the original deed or instrument of assignment, or of the will, or certified copies thereof. 7. When application is made by heirs, satisfactory proof of heirship is required. 8. When application is made by executors, the original or a certified copy of letters testamentary must accompany the application. 9. When application is made by administrators, the original or a certified copy of letters of administration must be furnished. TITLE TO PUBILIC LANDS. 10. All parties wvho are (entitled to repayment under the aforesaid act wvill be required to execute a relinquishment, which must accompany the apIplication, ini the following or equivalent form. Know all itien bry these presents, that I, -, of -,.for and in considelation of the suim of -, to me pai(d by the U."nited States, have released and forever dischargred the United States fronj t all claimi of anty 1kin(, natuire, anti character whatsoeveri by virtule o)f thle ac-t of Congj~ress approved Mlarch 3, 1887; and that I am the identical lparty namied in the decree, iii thle case of- v. -,or who made said cultry.No. -, at -laitt office, State of - Two witnesses: STATE (.)i Co it ) y of. Onl this -day of,189-, before the subscriber, a -in. and for said county, personally catine, to ine -well known to lie the person who subscribed the foregoing- release, and \Nliwo mipon being difly sworn by tole aiccordingr to law onl - oath decare an acnowedgd tat had freely. and voln-nta-rily executed the foregoing release and for the reason s1tateul aind ait thle samne tnocaine -, residing at anid also —,resid in" ait, each of wlhotu being by meo duily sworn accordling to law deposed,and saidl ea-ch for hiiuself anid not otio for the other, that they w\ell knew tile person miaking thle salil relea-se to lbe the indlividuial described in the decree, or who imade said entry aind -who executed the satid release. Suibscribed, sworii to, and acknowledged before ate this,189-. No-ri.x-Tlis ittust be. acknowledg-ed before a clerk of a (court. or other officer authorizedl to take-: ackniowledgnements of (leeds in the county -where the lands are situated, whose official character and signatuire jmust be certified to by the clerk of a court of record. RULES AND REGULATIONS GOVERNING THE USE OF TIMBER ON THE PUBLIC DOMAIN. [Circular of Mfarch 17, 9.1 By virtue offthe lpowCL vested ini the Secreta-ry of the Initerior by the act of March I3, I1891 (26 Stat., 10193), thme following rules and regulatioins are Hereby lprescribed: 1. The act, so fatr as it relates to tiimber on publbic lall(ls, as extended by the act of February 13, 1,893 (27 Stat., 444)7, alpllies onrly to the Sta~tes of Colortado, 1Mont-ana, 1(laho, North DIakota., South Dakota, Mex11ico Nev~ada, aend Uthil, the Territories of Arizonat and New anic md the D)istrict of Ahiska. The following rules aend reguilations (10 not app}ly to the district of Alaska, for which rules anid regulations are prescribed on p~age 1.26 of this circular. fliTe intention ofthe act is to eniable settlers upon puli lands and other residents withini thme States, and Territories above named who heave niot a sufficient stipp~ly of timber on their own claims or farins for lise thereon for tloiiestic prplll)ses and who are unable to procure the. needed timber fromn private la,(n(1, or from public lands under other authority of law, to secure fromt public lands, for said purposes, timber to Supp)1y their immediate and pressing wants. Such befing the case, it wais miot thme intention of Congress to authorize the taking of tiimiber from public muieds in said States and Territories to serve as an article of merchandise and traffic, whereby profits might be TITLE TO PUBIJC LANDS. secured, not only from the labor bestowed in handlilng tle timber, but by charging for the timber itself; after obtailling the same free of cost from the Governmelnt; which woulld practically open a (k)or for speculation il public timber, resulting in the holders of permits being in a position to prevent competition and virtually control the market for timber in their localities. 3. Settlers upon public lands and other residents of tile States and Territories above named whlo have not a, sufficient supply of timber oni their own claims or farms for use thercol for such domestic purposes as firewood, fencillg, or building purposes, or for necessary use in developing the mineral and other natural resources of tile lands owned or occupied by them, may procure till)er, free of clha rge, from unoccupied, unreserved, nonzmixneral public lallds wit llin said States alid Territories strictly for use on their own claims or lands tlerein for the lpurploses enumerated in this section (but nlot for sale or dislosal, nor for use oil other lands or by other persons, nor for export from tlhe State or Territory where procured), to an extent not exceedinlg, in stumpage valuation, $100 in any one year. It is not necessary to secure permission fromn thle )Department to take timber from public lands as above allowed. Tlie exercise iof such plrivilege is, however, subject at all times to supervision by the Department, with a view to restriction or p)rohibitionl, it dee(led necessary. 4. In cases in which tlhe parties needing the timber are not in a position to procure it from the public lands themselves, it is allowable for them to secure the cutting, removing, sawing, or other manufacture of the timber through tile medium of others, agreeing with the parties thus acting as their agents direct, in taking or otherwise llandlinig tlme timber, that they shall be paid a reasonable almount to cover their tilme and labor expended and all legitimate expenses inlcurred in connection therewith, exclutsive of any charle for the timber itself. 5. The uses specified inf section 3 of tlhese rules and regulations constitute the only purposes for which timber may be taken, free of charge, from public lands in said States and Territories, under this act. 6. The cutting and removing of timber, free of charge, under said act of March 3, 1891, is confined to unreserved, unoccupied, nonmineral public launds, in the States and Territories named therein, inasmuch as the act specifically provides that the same slhall not operate to repeal the act of June 3, 1878 (20 Stat., 88), which makes provision, in said States and Territories, for the free cutting of timber on public lands that are known to be of a strictly mineral character. 7. It is further provided iin said act of March 3l, 1891, that " nothing herein contained shlall operate to enlarge tlle rights of any railway company to cut timber onl thIe public (domain." Consequently, no timber may be taken thereunder from public lands for use by any railroad company. 8. In order, however, that sufficient public timber may be placed upon the home market in said States and Territories, for all legitimate purposes of trade, to such a reasonable extent as shlall meet existing emergelncies in the matter of demand therefor, sales of timber on the unreserved lands, in general, mineral and nonInineral, in said States and Territories, may be directed by the Department from time to time. The sale of timber is optional, and the Secretary may exercise his discretion at all times as to the necessity or desirability of any sale. 9. While sales of timber may be directed by tllis Department without previous request from private individuals, l)etitions from responsible persons for the sale of timber in particular localities will be considered. TITLE TO PUBLIC LANDS. 111 Such petitions must describe the land upoll which the timber stands by legal subdivisions, if surveyed; if unlsurveyed, as definitely as possible by natural landmarkls; the character of the country, whether rough, steep, or mountainous, agricultural or mineral, or valuable chiefly for its forest growtl; and state whether or not tlhe removal of the timber would ilnjuriously affect the public interests. If any of the timber is dead, estimate the quanltity in feet, board measure, with the value, and state whetler killed by fire or otlier cause. Of the live timber, state the different kinds and estimate the quantity of each kilnd il trees per acre. Estimlate the average diallleter of eachl kind of timber, and estimate the number of trees of each kind per acre above the average diameter. State the number of trees of each kindl above tlhe average diameter it is desired to have offered for sale, with an estimate of the numiber of feet, board measure, tllerein, aind an estimate of the value of tlhe timber as it stands. These petitions must be filed ill the proper local land office, for tralnsmission to the Commiissioner of the General Land Office. 10. Before any sale is autlorized, the timber will be examined and appraised, aid other questions involved (uly investigated, by an official desigmate(l for tlie purpose; and upon lis report action will be based. 11. Whien a sale is ordered(, otice thercof will be givemi by publication by thle Colmmissioner of tlhe General Lanld (ffice; and it the tillber to be sold stands in more than one coulnty, publislied notice will be givenl il eacli of the counties, in addition to the required general publication. 12. The time an1d pllace of fililng bids, and other ilnformation for a correct und(erstanding of tlhe terms of each sale, will be given in the published Iotices. Timbel)r is not to be sold for less than thle appraised value, -and whe a bid is accepteld a certificate of acceptance will be issued by tIhe Commissioner of tlhe General Land Office to the successful bidder, wlio, at tlie time of making paymenlt, must present the same to the receiver of public monoeys for tlhe lad district in which tlhe timber stands. The Commissioler of the General Land Office must approve all sales, and lle may, in sales il excess of $500 in value, make allotment of quantity to Iany bidder or bidders, at a fixed price, if he deems plroper, so as to avoid monopoly. The right is also reserved to reject any or all bids. A reasonable cash deposit with the proper receiver of public moneys, to accompany eacl bid, will be required. 13. Within thirty days after notice to a bidder of an award of timber to him, payment must be made ill full to the receiver for the timber so awarded. The purclaser must have in hand the receipt of tlhe receiver for such payment before lie will be allowed to cut, remove, or otherwise disl)ose of the timber in ally manner. The timber must all be cut and removed witlin one year from tlne date of the notice by the receiver of tlhe award; failing to so do, the purcllaser will forleit his right to the timber left standing or ulremoved and to his purchase monley. 14. Sixty days' notice must be given by the purclaser, through the local land office, to thle Commissioner of the General Land Office of the proposed date of cutting and removal of the timber, so that an official may be designated to supervise such cutting and removal, as required by law. Upon application of purchasers, permits to erect temporary sawmills for the purpose of cutting or manufacturing timber purchased under this act may be granted by thle Commissioner of the General Land Office, if not incompatible with public interests. Instructions as to disposition of tops, brush, and refuse, to be given through the supervisors ii each case, must be strictly comlplied with, as a condition of said cutting and manufacture. TITLE TO PUBLIC LANDS. 15. The act provides that tile timber shall be used in the State or Territory in which procured, and, consequently, it may not be exported therefrom. 16. Receivers of public moneys will issue receipts in duplicate for moneys received in payment for timber, one of which will be given the )urchaser, and the other will be transmitted to the Commissioner of tlhe Geineral Land ()Ofice it a special letter, reference being made to the letter fiom the Commissioner authorizing the sale, by date and initial, and with title of case as therein named. Receivers will deposit to the credit of the United States all such moneys received, specifying that the same are on account of sales of public timber on unreserved lands under the act of March 3, 1891 (26 Stat., 1093). A separate monthly account current (Forml 4-105) and quarterly condensed account (Form 4-104) will be imade to the Commissioner of the General Land Office, with a statement in relation to the receipts uinder the act as above specified. 17. Special instructions will be issued for the guidance of officials designated to examine and appraise timler, to supervise its cutting and removal, and for carrying out other requirements connected therewith. 18. Section 2461, IUnited States Revised Statutes, is still in force in the States and Territories herein named and its provisions may be enforced against any person, or plersons, who cut or remove, or cause or procure to be cut or removed, or aid or assist or are employed in cutting or removing, any timber from )public lands therein, except as allowed by law. 19. Tile Secretary of the Interior reserves the right to prescribe such further restrictions as lie may at any time deem necessary, or to revoke tlhe privileges granted, ii any cases wherein lie lhas information that persons are abusing the same, or when it is necessary for the public good. 20. The rules and regulations provilded herein shall take effect April 1, 1898, and all rules aln regulations heretofore prescribed under said act of March 3, 1891, relating to tlme use of timber on plublic lands in the above-named States and Territories, are hereby revoked. RULES AND REGULATIONS CONCERNING THE USE OF TIMBER ON PUBLIC LANDS, MINERAL IN CHARACTER, IN CERTAIN STATES AND TERRITORIES. By virtue of the power vested in the Secretary of the Interior by the first section of the a(ct of June 3, 1878, entitled "An act authorizing the citizens of Colorado, Nevada, and the Territories to fell an(l remove timber on tlhe public domain for mining and dlomestic purposes," the following rules and regulatioLs have been prescribed: First. The act applies only to the States of Colorado, Nevada, Utah, Wyoming, Nortlh l)akota, South Dakota, Idaho, and Montana, and to tlhe Territories of New Mexico and Arizona, and other mineral districts of the United States not specially provided for. Second. The land from wllich timber is felled or removed under the provisions of the act must be known to be of a strictly mineral character and that it is " not subject to entry tnder existing laws of the United States, except for mineral entry." Third. No person not a citizen or bona fide resident of a State, Territory, or other mineral district, provided for in said act, is permitted to fell or remove timber from mineral lanlds therein. And no person, firm, or corporation felling or removing timber under this act shall sell or dispose of the same, or the lumber nmalulfactured therefrom, to any other TITLE TO PUBLIC LANDS. 113 than citizens and bona fide residents of the State and Territory where such timber is cut, nor for any other purpose than for the legitimate use of said purchaser for the purposes mentioned in said act. Fourth. Every owner or manager of a sawmill or other person felling or removing timber under the provisions of this act shall keep a record of all timber so cut or removed, stating time when cut, names of parties cutting the same or in charge of the work, and describing the land from whence cut by legal subdivisions if surveyed, and as near as practicable if not surveyed, with a statement of the evidence upon which it is claimed that the land is mineral in character, and stating also the kind and quantity of lumber manufactured therefrom, together with the names of parties to whom any such timber or lumber is sold, dates of sale, and the purpose for which sold, and shall not sell or dispose of such timber or lumber made from such timber without taking from the purchaser a written agreemnent that the same slall not be used except for luilding, agricultural, mining, or other domestic purposes within the State or Territory; and(l every such purchaser shall further be required to file with said owner or manager a certificate, under oath, that he purchases such timber or lumber exclusively for his own use and for the purposes aforesaid. Fifth. The books, files, and records of all mill men or other persons so cutting, removing, and selling such timber or lumber, required to be kept as above mentioned, slall at all times le subject to the inspection of the officers and agents of this I)epartmnent. Sixth. Timber felled or removed shall be strictly limited to building, agricultural, mining, and other domestic purposes within the State or Territory where it grew. All cutting of such timber for use outside of the State or Territory where the same is cut and all removals thereof outside of the State or Territory where it is cut are forbidden. Seventh. No personl will be permitted to fell or remove any growing trees of ally kind whatsoever less than 8 inches inl diameter. This will not be regarded as applicable to black or " lodge-pole " pine growing in separate bodies upon mineral lands. (See order approved by the Secretary Julne 1, 1887.) Eighth. Persons felling or removing timber from public mineral lands of the United States must utilize all of eacl tree cut that can be profitably used, and Imust cut and remove the tops and brush or dispose of the same in such manner as to prevent tle spread of forest fires. The act under which these rules and regulations were prescribed provides as follows: SEC. 3. Any person or persons who shall violate the provisions of this act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any tern not exceeding six months. Ninth. These rules and regulations took effect September 1, 1886, and all existing rules and regulations theretofore prescribed under said act inconsistent herewith were thereby revoked. REGULATIONS CONCERNING HOMESTEADS, RIGHTS OF WAY, TIMBER, ETC., IN ALASKA. The following instructions, issued under the act of Congress approved May 14, 1898 (30 Stat., 409; Appendix No. 77, p. 248), entitled "An act extending the homestead laws and providing for right of way for 3073 8 TITLE TO PUBLIC LANDS. railroads in the District of Alaska, and for other purposes," are for tle guidance of the local officers in their administration of the law and for the information of those concerned in its provisions. Section 1 relates to HOMESTEAI) RIGIITS IN ALASKA, a11nd provides: SEC. 1. That the homestead land laws of the United States and tlle rights incident thereto, includiin the right to enter surveyed or unsurveeyed lands under provisions of law relating to tlie acquisition of t.tle through soldiers' additional homestead rights, are hereby extended to the l)istrict of Alaska, subject to snch regulations as may be made1 by the Secretary of the Interior; and no indemnity, deficiency, or lieu lands pertaining to any land grant whatsoever originating outside of said district of Alaska shall be located within or taken fiom lands in said district: Provided, That no entry shall le allowed extending more than eighty rods along the shore of any navigable water, and along such shore a space of at least eighty rods shall lbe reserved from entry between all such claims, and that nothing herein contained shall be so construed as to authorize entries to le nlade, or title to be acquired, to the shore of any navigable waters within said district: And it is fturther plrovided, That no homlestead shall exceed eighty acres in extent. 1. This section may be summarized asFirst. Extelling the homestead laws and the rigllts ilncidellt tlleret o to the District of Alaska; Second. Extelndilng to such district the right to enter surveyed lands under provisiolls of law relating to the acquisition of title through soldiers' additional homestead riglhts; Third. Granting the right to enter unsurveyed lands inl said District under provisions of law relating to the acquisition of title throtugh soldiers' additional homestead rights; Fourth. Prohibiting the location in said l)istrict of any indemnity, deficiency, or lieu lands pertaining to any land grant whatsoever originating outside of said (listrict: Fifth. Limiting eacl entry under this section to 80 rods along the shore of anly navigable water, and reserving along such shore a space of at least (SO rods between all such claims, and prolibiting tlhe entry or disposal of the shore (meaning land lying between higli and low water n:ark) of any navigable waters withiii said district; and Sixth. Limiting each homestead in said D)istrict, whether soldiers' additional or otherwise, to 80 acres inl extent. 2. Full instructions witl reference to tlhe general hlomestead law aid soldiers' additional homestead rights will be found elsewhere in this circular, and will, so far as applicable, govern tlhe making of entries under this section. 3. Existi mg lhonestead laiws, wlile recognizilng settletment upoIn unsurveye(d public lad(s (lo not a:utlorize tlhe entry or the plateItinlg thereof until tlhe lpublic surveys lhave been regularly extended over them. This section, however, in termns authorizes tlie eintry of unsurveyed lands in Alaska throulgh the exercise of soldiers' additional homestead rights; but thlis does Iot ap)lly to tlhe general homestead right. 4. Thle act makes no direct I)rovision for the surveying of lands sought to be entered as soldiers' additional homestead claims, and therefore special surveys mnust be made of such lands in the manner provided for ini section 10 of this act, at the expense of the apl)licant. 5. A claim ulnder this section, which extends to the shore line on any navigable strealn, inlet, gulf; bay. or seashore, will be subject to the servitude provided for in that l)ortion of section 10 which reads: "t and a roadway sixty feet in width parallel to the shore line as near as may TITLE TO PUBLIC LANDS. 115 be lj'acticalle, shall be reserved for the use of the public as a highway," all(l the lallds subject to such servitude will l)e computed as a part of the area enterel. (. That part of section 10 relating to the execution of anfidavits, testimony, proofs, and other papers, anywhere in the United States before any court, judge, or other oflicer authorized to administer an oath, applies equally to this section. Sections 2 to 9, inclusive, relate to IKG(;Ti!' ()' WAY 1OR RAILR(OAD)S, WAGON ROADS, AND TRAMWAYS IN THE DISTRICT OF ALASKA. These sectiolls l)rovide: SEC1:. 2. That the right of way through tll lanls of the United States in the District of Alaska is hereby granted to any railroad company, dilly organized under the laws of any State or Territory or l)y the Congress of the United States, which may hereafter file for record with the Secretary of tile Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the center line of said road; also the right to take from the lands of the United States adjacent to the line of said road, material, earth, stonie, and timber necessary for tile construction of said railroad; also the right to take for railroad uses, subject to the reservation of all minerals and coal therein, public lands adjacent to said right of way for station buildings, depots, machine shops, side tracks, turn-outs, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road, excepting at terminals and junction points, which mlay include additional forty acres, to be limited on navigable waters to eighty rods on the shore line, and with the right to use such additional ground as lmay in the opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: Provided, That nothing herein contained shall be so construcd as to give such railroad company, its lessees, grantees, or assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: Prorided f, rthcr, That all mining operations prosecuted or undertalken within the limits of such right of way or of the lands hereby granted shall, under rules and regulatiolls to le prescribed by the Secretary of the Interior, be so conducted as not to injure or interfere with the property or operations of the road over its said lands or right of way. And when such railway shall connect with any navigable streaml or tide water such company shall have power to construct and miaintainl necessary piers and wharves for connection with water transportation, subject to the supervision of the Secretary of the Treasury: Provided, That nothing in this act contained shall be construed as impairing in any degree the title of any State that may hereafter be erected out of said district, or any part thereof, to tide lands and beds of any of its navigable waters, or the right of such State to regulate the use thereof, nor the right of the United States to resume possession of such lands, it beinlg leclared that all suchl rights shall continue to be held by the United States in trust for the people of any State or States which may hereafter le erected out of said district. The term " navigable waters," as herein used shall be held to include all tidal waters up to the line of ordinary high tide and all nonti(lal waters niavigable in fact up to the line of ordiiiary high water mark. That all charges for the transportation of freight and passengers on railroads in the District of Alaska shall be printed and posted as required by section six of an act to regulate conmmerce as amended on Marcl second, eighteen hundred and eighty-nine, and such rates shall be subject to revision and modification by the Secretary of the Interior. SEC. 3. That any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile shall not prevent any other railroad company from tile use and occupancy of said canyon, pass, or detile for the purposes of its road, in conmmon with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramlway, wagon road, or highway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the location of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon TITLE TO PUBLIC LANDS. road, or high-way, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road or tramway: Providcd, That such expenses shall 1)0 equitably divided between any number of railroad companies occupying and using the samne canyon, pass, or (lefile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tramway to pass over its track or tracks through such canyon, pass, or delile onl such equitable balsis as the said court may prescribe; and all shippers shall lie entitled to equal accommodations as to the movement of their freight and without liscriinination in favor of any person or corporation: Provided, That nothing herein shall be construed as cdepriving Congress of the right to regulate the charges for freight, passengers, and wharfage. SEC. 4. That where any company, the right of way to which is hereby granted, shall in the course of construction find it necessary to pass over private lands or possessory claims on lands of the United Statcs, condemination of a right of way across the sanic mnay be made in accordance with. section three of the act entitled "An act to amiend an act entitled 'An act to aid in the constrlinctioi of a railroad and telegraph line from the Mlissouri River to the lPacific O)cean, aidnd to secure to the iovernnient the use (f the same for postal, military, ani other purposes, approved July first, eighteen hundred and sixty-two,'" approved.July second, eighteen hunlred and sixtv-four: 'ror-idcd futrthem',, That any suich company, by filing with the Secret:ary of tile Interior a prelimninary actual survey -eand lplat of its Iproliesed route, shall have the right at any time within one year thereafter-, to tile the iriap and Ipretile of definite location provided for in this act, and suich preliinnary survey and lilat shall, during the said period of oic year from the timec of filing the samec, have the etlect to render all tlie lands on wNhich sid plrolinlinary survey and plat shall pass subject to such right of way. SEc. 5. That anly conipany desiring to secure the benefits of this act shall, within twelve months after tiling the preliminary nialp of location of its r-oadl as hereinhefore prescrihedl, whether upon surveyed or unsu-irveYed lands, file with. the register of the land office for the distirict w-here such land is located a mia:p and profile of at least a twenty-mile section of its road or a profile of its entiro roa(l if less than twenty iniles, as definitely fixed, and shall thereafter each year delinitely locate and tile a map of such location as aforesaid of not less than twenty nmiles additional of its line of road until the entire road hais licen thuts (efinitely located, and upon approval thereof by the Secretary of the Interior the same shall be noted upon the records of said oftice, and thereafter all sutch lands over whichi suich righit of way shall pass shllt]] he (lisposed of subject to suich right of way: I'rovi(dedI, That if any section of sait road shali not be omllnpletled within one~ year after- tIme definite location of said section so a)pproved, or if thie himmp of dlefii i te location 1)0 imot filed withini one year as herein requIrii ed, or if tho e.intire rotad shall niot be, eoinllheted. withinl fou1ir years froim time filing of tih trin ) of definite location, tIme rights hierein granted shall lbt for-feited as to anly 5i1(1ic( unonlipletedl Section of' saidi road, an1.d. thereupon shall. revert to the UnTiited Staf( s withou(it fort hem action or declamation, the nlotation of H11( 111n1111cmpb-ted( setioii upon the records of the laold office shall 1w canceled, aend the resCi-vationis ' o uch I ulds foir tihe purpo:ses (f said right of way, stations, -land terminals shall coast amd h01110 bo ioull andl void vitlout fuirther action. Si~c. 6. That the Secretar y ot the Interior is Ihereby anthorized to issue a herinit, buy iumstrunmemmt in w-iting, in conforinity with awl sub f ject to the restrictions herein coumtamined, ]into any respomsimle person, couulpanmy, or corporation, for a right of way ovemthe Imblilic doinain in s1id district, nit to exceed one hundred feet iii -\ilth,.and ground for station and other nceessary pmuri-nes, iiot to (,exceed five acres for each station for each five mniles of road, to colnstruict waigonl loadseamid wire mope, aerial, or other tramways, andl tile privilege of tak-ing all Inecessary niaterial from the public domain in said. district for the comnstI-iietion of said vwagonm roadls or tramInways, together with the right, subject to supervision -land at mates to be aipproved by said Secretary, to levy anml collect toll or freight and passenger chbarges oil passemigers, animals, freight, oivehicles passing over tIme sait fi- a hOneriod not exceeding twenty years, andl said Secretary is also authorized to sell io the owner or owners of aliiy such wagon road or tramway, upomi the completion thiereof not to exceed twenty acres if public land at each terminus at onie dollar and twenty-five cents per acm-c, such lands whene located at or miear tide water not to extendl niore than forty rods in w-iolth along the shore hiue anti the title thercto to he upon such expressed conditioims as in his juuiginemit mnay be mecessary to protect the piullic interest, anil all mnimierals, including coal, in such right of way or statioii grounds shall be leserveol to thie United States: Pr1omvided, That such lands may he located concurremitly with the line of such road or tramway, amid the plat of prolimimiary survey and the map of definite location shall be filed as in the case of railroads and subject to the same conditions and li mitations: Iromvidedfmu'fher, That such rights of way and privileges shall only be enjoyed by or graited to citizens of the United States or couripanies or corporations organized under the laws of a State or Territory; and such mights and privileges shall be hold subject TITLE TO PlITTI1 LANDS. 117 to the right of Congress to alter, l, repea, repeal, r gant e(lqual rights to others on contiguous or parallel routes. And ino right to construct a wagont road on which toll may be collected shall be granted inlnss it shall first be made to appear to the satisfaction of the Secretary of the Interior that the public convenience requires the construction of such proposed road, and that the expense of making the sanme available and convenient for public travel will not bo less on an average tl;:an five hundred dollars per mile: Prorided, That if the proposed lilea of road in any case shall be located oever any road or trail in connmonii use for public travel, the Secretary of the Interior shall decline to grant such right of way if, in his opinioin, the interests of tlie 'public would be inijuriouisly a fleeted thereby. Nor shall any right to collect toll upon any wagon road in said district be granted or inlre to any person, corporation, or colmpany until it shall be malnde to appear to the satistfaction of said Secretary that at least an average of five hundred dollars per imilo has been actually expended in constructing such road; and all persons are prohilited from collecting or attempting to collect toll over any wagoin road in said district, unless such person or the conmpany or )person for whom lie acts slhall at the time and place the collection is made or attempted to be made possess written authority, signed by the Secretary of the Interior, authorizing the collection and specifying the rates of toll: Provided, That accurate printed copies of said written authority from the Secretary of the Interior, including toll, freighit, anld psscger charges therely approved, slhall be kept constantly and conspicuously posted at ceach station where toll is demanded or collected. And anuy person, corporation, or company collecting or attempting to collect toll without such written auithority from thle Secretary of the Interior, or failing to keep tlie same posted as herein required, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined for each offenso not less than fifty dollars nor more than five hundred dollars, and in dlefiault of paymeit of such fine anii costs of prosecution shall 1)0 illiprisonell il jail not exceeding ninety days, or until such fine and costs of prosecution sliall have been paid. That aany person, corporation, or company iqualified to construct a wagon road or tramwy uiidlcr the provisions of this act tlht 11ay heretofore have constructed not less than one mile of road(, at 'a cost of not less tlhan five hundred dollars per mile, or one-half mile of lraniway at a cost of lnot less than five hundred dollars, shall have the prior right to alpply for such right of way-i and for lands at stations and terminals and to obtain tle saime pursuanut to tle pro visions of this act over and along tlhe line hitherto constructed or actually be.ing improved by the applicant, including wharves connecteod Itlerewith. That if any p arty to whom license has beeni granted to construct suich wagon road or tramwaoiy shall, for the period of one year, fail, neglect, or refutise to complete the same, tlihe rights herein granted shall be forfeited as to ally such uncom1pleted section of said wagoni road or tramway, and thereupon shall revert to the 1'nited States without further action or declaration, the notation of such uncompleted section upon tlie records of the land offico shall be canceled, and the reservations of such lands for thle purposes of said right of way shlall cease and become null:and void without further action. And if sluch road or tr:imw.ay shall not be kept ill good condition for use, the Secretary of the Interior may prohibit the collection of toll thereon pending the making of necessary repairs. That all mortgages execuiteod by any ciiipany acquiring a riglit of way under this act, upon any portion of its road tlhat may blo constructed in said District of Alaska, shall be recorded with the Secretary of the Interior, and the record thereof shall be notice of their execution, and sliall he a lien upon all the rights and property of said company as therein expressed, and such mortgage shall also be recorded in thlo office of the secretary of the District of Alaska allond in tihe office of the secretary of the State or Territory wherein such company is organized: Prorided, That all lawful claims of laborers, contractors, subcontractors, or mIaterial mien, for labor performed or material furnished in tile construction of the railroad, tramway, or wagon road shall be a first lien thereon and take precedence of any mortgage or other lien. S:c. 7. That this act slall not apply to any lands within the limits of any military, park, Indian, or other reservation unless suich right of way shall be provided for by act of Congress. SEC. 8. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this act or any part thereof; and tile right of way herein and hereby authorized shall not be assigned or transferred in any form whatever prior to tlio construction and completion of at least oneo-fourth of the proposed mileage of such railroad, wagon road, or tramway, as indicated by the map of definite location, except by mortgages or other lions that:maly be given or secured thereon to aid in the construction thereof: Prorided, That where, withlin ninety days after the approval of this act, proof is made to the satisfaction of the Secretary of the Interior that actual surveys, evidenced by designated monumnients, were made, and the line of a railroad, wagon road, or tramway located thereby, or that actual construction was commenced on the line of any railroad, wagon road, or tramway prior to January twenty-first, eighteen hundred and nilnety-eight, the rights to inure hereunder shall, TITLE TO PUBLIC LANDS. if the terms of this act are complied with as to such railroad, wagon road, or tr;lllway, relate back to the date when such survey or construction was commenced; and in all conflicts relative to the right of way or other privilege of this act the person, company, or corporation having been first in time in actual survey or construction, as the case may be, shall be deemed first in right. SEc. 9. That the map and profile of definite location of such railroad, wagon road, or tramway, to be filed as hereinbefore provided, shall, when the line passes over surveyed lands, indicate the location of the road by reference to section or other established survey corners, and whlere such line passes over unsurveyed lands the location thereon shall be indicated by courses and distances and by references to natural objects and permanent monuments in such manner that the location of the road may be readily determined by reference to descriptions given in connection with said profile map. 7. The grant made by these sections does not convey an estate in fee in the lands used for right of way or lanls used for station and terminal facilities. The grant is merely of a right of use for the necessary and legitimate purposes of the roads, the fee remaining in the United States, except as to lands authorized to be sold under section 6 by the Secretary of the Interior "upon such expressed conditions as in his judgment may be necessary to protect the public interests." The nature of these conditions will depend upon the public necessities and will be governed by the particular circumstances of each case. 8. All persons entering public lands to part of which a right of way has attached take the same subject to such right of way, the latter being compluted as a part of the area of the tract entered. 9. Whenever any right of way shall pass over private land or possessory claims onI lands of the United States, condemnation of the right of way across the same may be made inl accordance with the provisions of section 4. INCOPI(RATE'II) COMPANIES. 10. Any incorporated company desiring to obtain the benefits of these sections is required to file the following papers and maps: First. A copy of its articles of incorporation (luly certified to by the proper officer of the company under its corporate seal, or by the secretary of the State or Territory where orgallized. Second. A copy of the State or Territorial law under which the company was organized, with the certificate of the governor or secretary of the State or Territory that the same is the existing law. Third. When said law directs that the articles of association or other papers connected with the organization be filed with any State or Territorial officer, the certificate of such officer that the same have been filed according to law, with the date of tile filing thereof. No forms are prescribed for the above portion of the proofs required, as each case must be governed to some extent by the laws of the State or Territory. Fourth. The official statement, under seal of the proper officer, tlat the organization has beenl completed; that the company is fully autlorized to proceed with the construction of the road according to thel existing law of the State or Territory where organized. (Foril 1, p. 302.) Fifth. An affidavit by the president, under the seal ot tie company, showing the names and designations of its officers at the date of the filing of the proofs. (Form 2, p. 302.) Sixth. If certified copies of the (existing laws regarding such corporations, and of new laws as I)assed from time to time, be forwarded to this office by the governor or secretary of any State or Territory, a company organized in such State or Territory may file, in lieu of the TITLE TO PUBLIC LANDS. 119 requiremenlts of the second subdivision of this paragraph, a certificate of the governor or secretary of the State or Territory that no change has beeln made since a given date, not later than that of the laws last forwarded. Seventh. Maps, field notes, and other papers as hereinafter required. INDIVIDUALS OR ASS(CIATIONS OF INDIIVIDUALS. 11. Individuals or associations of individuals making applications for a permit, under section 6, for tramways or wagon roads are required to file evidence of citizenship. In the case of associations an affidavit must be filed by the principal officer thereof, givinlg a list of the members and stating that tlhe list inclludes all of tlme members. Evidelnce of citizenship nmust be furnished for eacli member of the association. Individuals amiid associations will also be required to file the maps, field notes, anl other papers hereinliafter required. 12. All maps atid p)lats must be drawn on tracing linen, in duplicate, and must be strictly conformllable to the field notes of the survey thereof wherever suel surveys have been made. The word "profile" as used il the act is understood to intendl a map of alignment. No profile of grades will be required. 13;. The maps should show any other road crossed or with which connection is made, and whenlever possible the station number on the survey thereof at the point of intersection. All such intersecting roads must be rel)resented in ink of a different color from that used for the line for wlhicll the applicant asks right of way. Field notes of the surveys should be written along' the line on the mlap. If the map should be too much crowded to l)e easily read, then duplicate field notes should be filed separate from tlie mapl) and in such form that they may be folded for filingi. In such case it will be necessary to place on the inal) only a sufficiieint number of station numbers to make it convenient to follow tle iceld notes onl tfie map. Station numbers should also be given onl the map in all cases where changes of numbering occur and where known lines of survey, public or otherwise, are crossed, with distance to the nearest permanent momnument or other mark on such line. Thle imap must show also the lines of reference of initial, terminal, and intermediate points, with their courses and distances. 14. Typewritten field notes, witlh clear carbon copies, are preferred, as they expedite thle examinationi of applications. All monuments and other marks with which connections a; e made should be fully described, so that they may be easily found. The field notes must be so complete tlhat the litne may be retraced ol the ground(l. On account of the conditions existing in Alaska, surveys based wliolly onl the magnetic needle will not be accepted. In tlat case (a true meridian should( be established, as accura.,tely as possible, at tlie initial l)oint. It should be permanently markled antd fully described. The survey should be based thereon and clheked by a meridian similarly fixed at the terminal point and, when the line is a long one, by intermediate meridians at proper iltervals. OIn account of tllhe rapid convergence of tlhe meridians in these latitudes, such intermediate nmeridians should be established at su(ch intervals as to avoid large discrepancies in bearings. It will probably be found preferable to run by transit deflections from a permanenltly establ)lished lie, with frequent and readily recoverable reference lihes permanently marked; and in such surveys occasional true bearings should be stated, at least approximately. On all lines of railroad the 10-mile sections should be indicated and numbered, and on TITLE TO PUBLIC LANDS. maps of tramways and wagonl roads the 5-mile sections shall likewise be indicated and numbered. 15. The maps, field notes, and accompanying papers should be filed in the local land office for the district where the proposed right of way is located. 16. Connections should be made with other surveys, public or private, whenever possible; also with mineral monuments and other known alld established marks. When a sufficient number of such points are not available to make such connections at least every 6 miles, the surveyor must make connection with natural objects or permanent monuments. 17. Along the line of survey, at least once in every mile, permanent and easily recoverable nonumnelits or marks must be set and connected therewith, in sucll positions that the construction of the road will not interfere with them. The locations thereof must be indicated on the maps. All reference points must be fully described in the field notes, so that they may be relocated, and the exact point used for reference indicated. 18. The termini of a line of road should be fixed by reference of course and distance to a permanent monument or other definite mark. The initial point of tile survey or station, terminal, and junction grounds should be similarly referred. The nmaps, field notes, engineer's affidavit, and applicant's certificate (Forms 3 and 4, pp. 302-303) should each show these connections. 19. The engineer's affidavit and applicant's certificate must be written on the map and must both designate ly termini (as in the preceding paragraph) and leiigth ill miles and decimals the line of route for which right of way applicatiol is made (see Forms 3 and 4, pp. 302-303). Station, terminal, or junction grounds must be described by initial point (as in the preceding paragraph) and area in acres (see Forms 7 and 8, p. 304), when they are located on surveyed land, and the smallest legal subdivision in which they are located should be stated. No changes or additions are allowable in the substance of any forms, except wlieii the essential facts differ from those assumed therein. Wheln the alpplicanlt is an individual the word " applicant" should be used inlstead of " comp)any," and such other changes made as are necessary on this account. 20. Where additional width is desired for railroad right of way on account of heavy cuts or fills, the additional right of way desired should be stated, the reason therefor fully shown, the limnits of the additional right of way exactly designated, and any other information furnished that may be necessary to enable the Secretary of tlie Interior to consider the case before giving it his approval. 21. The preliminary map authorized by the proviso of section 4 will not be required to comply so strictly with the foregoing instructions as maps of definite location, but it is to be observed that they must be based upon an actual survey, and that thle more fully they comply with these regulations the better they will serve their object. which is to indicate the lands to be crossed by the final line and to preserve the company's prior right until the approval of its maps of definite location. Unless the preliminary map and field notes are such that the line of survey can be retraced from them on the ground they will be valueless for the purpose of preserving the company's rights. The preliminary map and field notes should be in duplicate, and should be filed in the local land office, in order that proper notations may be made on the records as notice to intending settlers and subsequent applicants for the right of way. TITLE TO PUBLIC LANDS. 121 22. The scale of maps showing the line of route slould be 2,000 feet to an inch. The maps may, however, be draws to a, larger scale when necessary; but the scale must not be so greatly increased as to make the map inconveniently large for handling. In most cases, by furnishing separate field notes, an increase of scale can be avoided. Plats of station, terminal, and junction grounds, etc., should be drawn on a scale of 400 feet to an inch, and must be filed separately from the line of route. Such plats should show enough of the line of route to indicate the position of the tract with reference thereto. 23. Plats of station, terminal, and junction grounds must be prep)ared in accordance with the directions for mapIs of lines of route. Whenever they are located on or near navigable waters the shore line must be shown, and also the boundaries of any other railroad grounds or other claims located on or near navigable waters within a distance of 80 rods from any point of tie tract applied for. 24. All applications for permits made under section 6 of this act should state whether it is prol)osed to collect toll on the proposed wagon road or tramway; and, in case of wagon roads, the application must be accompanied by satisfactory evidence, corroborated by affidavit, tending to show that the public c(onvenience requires the construction of the proposed road, and that the expense of making the same available and convenient for public travel will not be less, on an average, than $500 per mile. In all cases, it the proposed line of road shall be located over ally road or trail in common use for public travel, a satisfactory statement, corroborated by affidavit, must be submitted with the application, showing that the interests of the public will not be injuriously affected thereby. 25. When maps are filed the local officers will make such pencil notations on their records as will indicate the location of the proposed right of way as nearly as possible. They should note that the application is pending, giving the date of filing and name of applicant. They must also indorse on each map and other paper the date of filing, over their written signature, transmitting them promptly to the Genera! Land Office. 26. Upon the approval of a map of definite location or station plat by the Secretary of the Interior, the duplicate copy will be sent to the local officers, who will make such notations of the approval on their records, in ink, as will indicate the location of the right of way as accurately as possible. 27. When the road is constructed, an affidavit of the engineer and certificate of the applicant (Forms 5 and 6, p. 303) should be filed in the local land office ill duplicate, for transmission to the General Land Office. In case of deviations from the map previously approved, whether before or after construction, there must be filed new maps and field notes in full, as herein provided, bearing proper forms, changed to agree with the facts in the case; and the locntion must be described in the forms as the amended survey and the amended definite location. In such cases the applicant must file a relinquishment, under seal, of all rights under the former approval as to the portions amended; said relinquishment to take effect when the map of amended definite location is approved by the Secretary of the Interior. 28. Unless the proper evidence of construction is filed within the time prescribed by the act for the construction of each section of the road, appropriate steps will be taken looking to the cancellation of the approval of the right of way and the notations thereof on the records. 122 TITLE TO PUBLIC LANDS. CHARGES FOR TIRANSPO RTATION OF' lPA~SERN(GEl AND) FREIGHT. 29. A printed copy of all charges for thre transportation of freight and passengaers on right-of-Niway railroads iii Alaska shall be forwarded to the Cornmissioier of the General LanMd Office for submission to the Secretary of the Initerior for his considleratiou and approval. J n the case of a wagoni road or tramway built uinder permit issued under section 6 of this act, 111o01 which it is Lploposed to collect toll, a p~rimledl schedule of' the rates for freight a.itd plassengers should also be tiled with the Commiissioner of the Genecra-l La-nd~ Office for submission to the Secretary of the Initerior for his consideration aiid approval at least sixty dLays before the road is to be openied to trtaffic, in order to allow a sufficient time for consideration, inlasimuch tas 1y section 6 it is, made a misdemeanor to collect toll without written authority fromt the Secretary ot the Interior-. In the case ot a wagon roand satisfactoi'y evidence, corroborated by affidavit, munst be submitted with said sclhedtile, showing; that at least an average of*.500 per mile has beeni actually expendled iii conistruicthig such road. These schedules must be subinitted in duplicate, one copy of which, bea,.rinig the tapproval of the Secretary of the Interior, will be returmied to the applicant if found satisfactory. Said schedules shall be plainily printed ini huge type. Section 10 relates to ENTRIES FOR r RAD)E,, ',NANFC lTRE, Oil OTHER PR11OL) ITC TIVE INDSTRT'FZY, IN TILE DISTRICT 01' ALASKA, and p)rovidesSmc. 10. That,any citizen of' t~ho United States twenty-oine years of' age, or anly assoeiation of such Citiiefls, or any corporation jincorporated 1110101 the laws of tie, United Statris or of anily State, or Territory now aetitorized by law to hold lands in the Territories, hec ~rin the )os.seSSioni of' andli oecllpyfilg publibh lands in the D~istrict of Alaska in good faith for the purposes of tiadle, mnanufacture, or other prodcieindustry, myeach purchase o claimi only, ntexceedIing~ eilyh reo such land for aniy one per'son, association, or coriporatiol, tt two dollars and fifty cents per acre, upon siibnission of' iroot' that said area e1111races inliprovements of tile claimiant andi is needed in the jproseelltion. of suhel trade, manufacture, or other protluetive indulstry, suclh tract of' landl not to inelnule mineral or coal lands, and ingress andi egress shall be reserved to tile puitdic onl the, waters of all streams, whether navigable or otherwise: JProride(1, That no entry shall be allowed hlndler this act onl lands albuttin- oil navigable water of' iore than eightyN! rods: Prlor'ided ftirther, That there shall be reserved bty tie Ui~nited Statles a. sp)ace, of eighty i'ods ill width between trac'ts solti or (eiitered under the provisionls (If this act onl lands abutting on any navigable streami, inlet, gulf, 1)ay, or sieashore,, auth that theo Secretary of thle Interior may grant the use of such reserved. lands abutting on the water fiont lo any citizen or association of' citizens, oi' to any corporation inceillorated lintler the laws of the United States or under the laws of any stato or 1'eiritory, for landings anti wharves, with the provisioil tilat t~ie pulblic, silall hlave access 1O andl proper use of such wharves aild landingas at iocasonable rates of' toll, to ho ire' scribed by said Secretary, 1111(1 a roadway sixty feet ill width, parallel to tile fshore litce as near as meay b)0 lracticable, shall 1)0 reservedl for the use of tile public as it hlighway: P'rovided farther, That iii case inore than one ilersOnl, ISSociattiOhl, or corporation shall claim tile same tract of land, tile person, -association, or coriloratioln lhaving the prior claimi, by reason of actual possession andi coiltinueth octilpatioli in good fititli, silitill be( entitled to purchase tlle same), butt wilere several poisons are or mity be so possessei (If pat of tlle tract appliedl for tile same shall be awarded to them accordinlg to their respective interests: Pr1oridedfu'ther, That all claims substantially square in forul atnd lawfully iiiitiatetl lrior to January twenty-first, eig-hteen hundred and llinety-eight, by survey or otilerwise, under sections twelve and thirteen of the act approved Maich tllird, eighteen hundred atnd~ uinety-olle (Twenty-sixth Statultes at Large, cliapter five hundred and sinxty-one), may ho perfected and patented upon compliance with the lprovisions of' saidl act, but subject to TITLE TO PUBLIC LANDS. 123 the requirements and provisions of this act, except as toaira, but in no case shall such entry extend along the water front for more than one hundred and sixty rods: And prolided further, That the Secretary of the Interior shall reserve for the use of the natives of Alaska suitable tracts of land aloll the water front of any stream, inlet, bay, or seashore for landing places for canoes and other craft used by such natives: PIrorided, That the Annettc, Pribilof Islands, and the islands leased or occllpied for the propagatioii of foxes I)e excepted from the operation of this act. lThat all affidavits, testimony, proofs,:llld othler papers provided for by this act and by said act of March third, eighteen hullidred and ninety-one, or by any departmental or Execiutive regulation thereunder, by depositions or otherwise, under commission from the register;land receiver of the land office, which may have been or may hereafter be taken and swo;rn to ainywhere in the United States, before any court, judge, or other officer authorized by law to administer an oath, shall be admitted in evidence as if taken before the register and receiver of the proper local land office. And thereafter such proof, together with a certified copy of the field notes and plat of the survey of the claim, fshall bc filed in the office of the surveyor-general of the District of Alaski, and if such survey aind plat shall be approved by him, certified copies thereof, together with the claimant's lpplication to purchase, shall be filed in the United States land oftice in the land district- in which the claim is situated, whereupon, at the expenseo of the claimant, the register of such land office shall cause notice of sulch l llpplication to be published for at least sixty days in a newspaper of general circillationi published nearest the claim within the District of Alaska, and the applicant shall at the time of filing such field notes, plat, and application to purchase in the land oflice as aforesaid c.ause a copy of such plat, together with the application to purchase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous place on such claim continuously for at least sixty days, and lduring sulch period of posting and publication or within thirty days thereafter any person, corporation, or association having or asserting any adverse interest in or claim to the tract of l:ud, or any part thereof, sought to be purchased, may file in the landl office where such allpplication is pending, under oath, an adverse claim settilng forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claini, begin action to quiet title in a court of compe)teut jurisdiction w it hin the l)istrict of Alaska, and thereafter no patent sh:ll issue for such claim until the liall adjudication of the rights of the parties, and such pa tent shall then be issued in conformity with the final decree of the court. 30. A somewhatt similar right of purchase was granted by sections 12 and 13 of the act of March 3, 1891, and the section now under consideration gives recognition to claims lawfully initiated under that act prior to January 21, 1898, and provides for perfecting and patenting them up)on compliance with the provisions of that act, but subject to the requir emlelts anlld p1rovisioiis of this act, except as to area, and also sul)ject to a limitation of 160 rods in extent along a water front. 31. The 1provisions of sectionl 10 of this act being largely in conflict with sections 12 and 13 of the act of' March 3, 1891, and it being apparent that section 10 of this act was intended to fully cover with new legislation the field theretofore occupied by sections 12 and 13 of the former act, it follows that section 10 of this act must be treated as repealing those sections, subject only to the saving clause respecting claims initiated thereunder before January 21, 1898. 32. Under the law of 1891 the record claim was initiated by anl application made to thle surveyor-general for a survey of the tract occupied and used. An estimate was 1prepared by said officer of the cost of such survey, and upon deposit of that amount the survey was ordered to be made by a deputy surveyor, and was required to be approved by the surveyor-general and the Commissioner of the General Land Office beftbre purchase could be allowed. Under the present law, as in the case of mining claims, the claimanti at his own expense, can procure the making of the survey without first making application to the surveyor general, but the survey when made is to be submitted to and approved by the surveyor-general. 33. The statute does not directly state by whom the survey is to be made, but to insure official responsibility for the work, and the better 124 124 TITLE TO P~UBLIC LANDS. to protect the interests of all coiicerned, the stirveys nmust be made by deputy surveyors, who will be appointed in. suflicient, iumber by the surveyor-general oil satisfactory showing of' their fitness, aiid who will each be required to enter into a bond in the penal sum of $5,OO() for the faithful execution, according' to lawm and instructions, of all surveys made in pursuance of his aplpoilltlflclt as (lepuity surveyor. Upon01 appointment the dleputy mnust take fthe oath. of offce require(1 by section 2223, Revised Statutes. 31. Upon completion of the survey the deputy should certify to the field notes and plat, which must thenr be filed with the sltrveyorgeneral, together with proof, which inay (consist of' affidavits (luly corroborated by two witnesses, showing: First. The actual use and~ occupancy of the land a-pp lied for for the purposes of trade, mnanu1factnrim)a, oi. Other prloductive industry; that it embraces the applicant's improvements and is nieedled in the prosecution. of the enterlprise. Second. The (late wh'len the l-aud was first so occnlpied. Third. The character a-nd valuie of' imuprovemenits thereon, and the nature of tile trade, business, or p~roductivec indlustry conducted1 thereon. Fourth. That the tract tapplied for does not illcludle mineral or coal lands, aIId is essentially noimnmiecral ini character. Fifth. That n~o portion or said laimd is occullied or reserved for any purpose by tile United States, or o(cclpie(l or claimedl 1)y any niatives o~f Alaska, or occulpied as a town site or mnissionaiy statioll, 01r reserved frmslend that the tract (I()es mot incluide jinplroveletS adly or iii I)ossessio1 of aiiother' person, associaltionl, 01r corIportation. Sixth. If' the land abuts onl any navig'able stream, inlet, gulf; bay, or seashore, that it is not wvithin 80 r0(d5 of any tracet so1ld 01' entered unuder the provisions of' this act. Land~s patenlte(d or to which. a r'ighit to patemit had fully accrued under the act of' M1arch 3, 1891, are mot "1tracts sold or entered under the provisions, of this act" wvithin the meaning of this provision. In tile comlpletioil under this aclt of' entries initiated 1)rior to Jaiuiary 21, 1898, under the act of M1arch. 3, 1891, this showimig will not be requii'ed. The (leputy surveyor iii certifying eachi survey abutting upon. navigable waters mutst state the naine aild loca-tion of every claim wvithin 80 rodls of the claimt sur'veyed. Seventh. If tile application is mnade fbo' the benefit of an. individual, hie must prove his citizenship tandl agec. Eighlit. If the application is mladle for the benefit of' an association, it mtust so appear, and the citizen ship and age of etac~h muemnler thereof be shown. Ninth. If the, applicatiomi is made for tile beimefit of.',a (corlporation, thle incorlporation mnnst be established 1)y time certificate of' the secretary of' the State or Territory o —r other officer' having custo(ly of' the r'ecor(d of incorpor-ation, and it mullst be fuither' "shown that such corporation is authorized by the law miller' which it is imlcorjporatedl to hold lands in the Territories. 35. All aflidavits may be made before the register or receiver of time land office jin the district iii which the lanld is siturated, or anywhere iii the United States before any court judge o1' other offlicer authorized by. law to administertanm olath..36. If the survey is approved by time surv-eyor-general, certified copies of time field miotes and plat, togethler with tile original proof filed by applicant to establish his claim, must be filed in th23 local landl office TITLE TO PUBLIC LANDS.12 125 with ins,.application to purchase. Thereuponi,'at the expense of the clailnail-t (who must furnish the agreement of the publisher to hold the applictant for patent alone responsible for charges of publication), the register of suich local land offlice shall cause notice of the application to purchase to be Lpu1lished for a period of at least sixty days in a paper of' e.sftablishied character auid genieral circulation, to be by him (lesi gnai~te(l as beinig thienewsp~al~eri-pl)lisie( nearest thie land. Whether ipublisihed inj a weekly, semiweekly, or daily newsJpaper, the notice must appear in eacil and every issue of the paper for a period of sixty days, excluding the da-y of the first pub~licatiohl in computing the period of sixty (lays; the ap~plicanlt musit also, during the period of publication, cause a copy of the plat, dully authcenticated, together with a copy of the applicaition to Lpurchlase, to be lposted ini a conispicuious place upon thieclaimiifoi-at.tleast sixty datt,~ys. Theiregistei- shalle causea copy of the application to purchase to be lposted Jni his offlce during the, period of publicationi. '37. IDuring- the period of' postfing' and publication, or within thirty days ther-eafter- any lpei.soll, corporationi, or association lhaving or assertin~g an adverse, interest in or claimi to the ti-act of land, or any part thereof, souight to be lpll-clasedl, niay file in the land office where such application is; pendhiplg, mndei- oath, an adverse claiim, setting forth the niature, andl extent thereof; alld such adlver-se claimant shall, within sixty days -,after the filing of suhel adverse claimi, b)egin actioni to quiet title ini a con irt of comipetenit jurisdlictioll within the D)istrict of Alaska; in which evenit no furthe1r -action will be taklen ini the local office upon the application to l)Ircllase until tile flinal ad~judication of the rights of the par'ties iii tile c-ourt. 38. Jf at thle expira tion of the period prescribed tllelefor no adverse elafini its filed and 110 other sufficienit objection app)ear-s to the proposed purchia~se, cash certificate wvill isstue for tile land iln the namne of the applicailt uponi hIs fit-nishing prioot of publication aild posting of the iiotice a requi-il'ed taml inllaihilg (hile( ptayimienit for tile land. This proof shall conisit of tile affildavit of' tile publisiler or foremian of the newsplalpeL emiployed fthwat the notice (a copy of' whimili nuIist be attached to tile a-flida-vit) wvas publishied for tile required period ill the m-egular and cutire issuie of' every nllmbil'e of' tile paper' (lalrinlg tile period of publicatiom, in tI-lie nte'Nspaper propl)Cr aild ilot in the supplemle~lt. Proof of p)ostinlg oil the clainll will co(ilsist of' tfle(.lfiijiavNits1 of tile applicant and two witliesses, who( of their owim knlowledg(e knjow tihat the pliat of survey and aIplilcli(Mtioil to piurcelmase wveic postedl as required laid remained so postedl (lul-ig tile icquim-ed period. Thie -eggister should certify to tile p)osthing of file notice ill a, coilslicilous 1)lace in his oftice during the l)eriodl of' putblicatioil. 39). A failure to make (lie pa~yinemnt for tile land for a period of three mmoiltis after the fin~al ad~judication of the rights of the parties by the couirt or after tile lperiod for filling an adverse, claim shall have expired, witlhout any such claimi being filed, wvill. be dleemed an abandonment of thme alpplication to purchase. 40. Uponi a proper shlow-ing, duily corroborated, that any claim does iiot conformn to tile requireinemit of the law, a hearing will be ordered in tile lpremnises. 41. A roadway 60 feet in widtll, parallel to the shore. line as near as meay be practicable, is reserved for the use of the public as a highway. "1Shore line"1 here means high-water linle. This reservation occurs in the proviso relcatinig to the reservation lbetwieen. claims abutting on navigable waters; but since it is )its ptlfrpose to reserve a roadway for public 126 TITLE TO PUBLIC LANDS. use as a highway along the shore line of navigable waters, it is held to relate to the lands entered or purchased under this act, as well as to the reserved lands; otherwise it would serve little or no purpose. This reservation will not, however, prevent the locationll lll survey of a clailn up to the shore line, for in such case the claill will be subject to this servitude and the area in the highwally will be comlputcd as a l)art of the area entered and l)urcllased. 42. It is not deemed advisable at this time to prescribe any fixed form of application for the use of any of the reserved lands betweenl claims entered or purchased under this act, excepting that — (1) The citizenship of the a pplicants or association of app)licants must be shown, and in the case of a corporation the same showilg must be made as is required by paragraph under section 2, granting right of -way for railroads. (2) The location of the landings or wharves must be accurately described on a imap or diagram with reference to claims oil eitlher side. (3) The use of such lands is limitedl t:o ]lndlings mlld whlarves, a.11nd all rates of toll to be p)aidi by thle p)tblic mllst b)e sublnitted for approval by the Secretary of thle Interior. Sectionl 11 relates toTHE TIMBER ON PUBLI(C LANI)S IN 'I'IIE 1)''lTl(lC'T (01 ALASKAn and provides: SF,('. 11. That the Secretary of tlhe Interior, lln(ler such rtles:lnd rc1ulationl s as lbe may prescribe, may cau.se to el) apprais(ld(the tinll>eror any -lart tlherof 11)011 oliiblic( lands in the District of Alaska, and imay fromn time to tille sell so muchl thereof as he may deemi proper for not less th]an tlhe aplpraised -valu1e thereof, in such quantities to each purchaser as he shll prescrile, to 1)0e used ill the D)istrict of Alaska, but not for export therefrom. And sucll sales shall at all times be limlited to actual necessities for consumpltion in the district from.year to year, andl payielnts for such timber shall be made to the receiver of lnbllic moneys of the local 1land office of tile ]and district in which said timber may bc soldl, undler su11(1 riiles and regulations as tlhe Secretary of thle Interior may prescribe, andl the nloneys arising therefrom shall be accounted for by tile receiver of suhll land office to thoe Commissioner of tlle General Land Office ill a separate account, and shall be covered into the Tre:sllry. Th llSecretary of tile Imnterior may permllit, 1lnder regulations to 1,e )res9ril)cdl by himi, tile use of timber found upon the pulblic lalils in slid l)istrict of Al:ska by actulal settlers, residents, individual miniers, anId prospectors ibr lolinerals, for firewood, fencing, buildings, mining, prospecting, and for domesti(: IpuriosIcs, a:s lmay L actally be needed by sulch persons for sucll pir'poses. 43. While sales of timber are optiomlal, tdll thle Se.rct.ary of the Interior may exercise ]his discretion at all tiles as to tile necessity or advisability of any sale, petitions from resl)onsible p)e'sons for thie sale of timber in particular localities will be received 1)y this I)el)partinelt for consideration. Such l)etition must describe the land ulpol1 wiich] the timber stands, as definitely as possible by natural laldnllarkls; tile clharacter of thle country, whether rough, steel,) or inountaillous, agricultural or mineral, or valuable chiefly for its forest growth; and state wlhether or not tile removal of the timber would in juriously affect tile public interests. If any of the timber is (lead, estimate the quantity in fetet, board measure, with the value, and state whether killed 1by lire or other cause. Of the live timber, state.the different kinds ald estimate the quantity of each kind in trees per acre. Estimate the average dialneter of eacll kind of timber, and estimate the number of trees of eacll kind per acre above the average diameter. State the number of trees of each kind it is desired to have offered for sale, wvitl an estimate of the number of feet, board measure, therein, and an estimate of the value of the timber as it stands. TITLE TO PUBILIC LANDS. 127 44. Before any sale is authorized the timber will be examined and appraised. Notice thereof will be given by publicatioll by the Commissioner of the General Land Office. 45. The time and place of filing bids and other illformation for a correct understanding of the terms of each sale will be given by published notices or otherwise. Timber is not to be sold for less than the apl)praise(l value. The Commissioner of the General Land Office must lpl)prove all sales, a1ld lie may make allotment of quantity to any bidder or bidders if lihe deems propler. Thle right is also reserved to reject any or all bids. A reasonable cash deposit, to accompany each bid, will be required. 46. Within thirty d(lays after notice to a bidder of an1 award of timber to him ])ayment must be made ill full to the receiver for the timber so awarded; or equal paylnents therefor may be made in thirty, sixty, anld nlinety days froml date of such- notice, at the option of the purchaser. Thle p)urclhser must have ill hand the receipt of the receiver for eacll payment before lie will b)e allowed to cut, remove, or otherwise disl)ose of the timber coveredl by that paymenlt. The timber must all be cut anlld removed witlin one year frolm the date of paymnent therefor; filing to so do, tlhe l)urchaser will forfeit his right to tlhe timber left standing or ullrellloved and to hlis purchase lnloley: Iror-idcd, That the limit of one year hlerein n med may b)e extended by the Commissioner of thle (:leneral Ladl(l Oiffice, in his discretion, upon good and sufficient reasons being shown. 47. Notice must )be given l)by the l)urclhaser to the Commissioner of the General Land Office of tlhe p)roposed (late of cutting and removal of tle timberl, so tlhat, if l)racticalble, an offitcial may be (lesignate(l to supervise such cutting (and removal. Upon appl)lication of p)urchasers, permits to erect temporary sawmills for tlhe purpose of cutting or manufacturing timber l)pulrchased under tlhis act may be granted by the Commissioner of tlhe General land Office, if not incompatible with the public interests. 48. No timnber taken fironom the lublic lands and sold as above prescribed may )be exported from the District of Alaska,. 49. Special instrut(ctions will be issued for the guidance of officials designated to examine and appraise timber, to supervise its cutting ad(l removal, and for carrying out otlher requirements connected therewith. 50. 'Actual settlers, residents, individual miners, an(l prospectors for minerals may l)rocure, freeof charge,firom unoccupied unreserved lpublic lands in Alaska, for firewood, fencilng, buildings, mining, prospecting, and bfor dolnestic purposes, so much timber as may be actually needed by such lpersolns, for individual use, to an extent not exceeding, in stuinpage valuiation, $1t)0 iIIn a.ny one year. It is not necessary to secure permission fromn tlhe )epartment to take timber from public ]ands as allowed in this paragral)ph. The exercise of such p)rivilege is, however, subject at all tinmes to supervison by thle D)epartment, with a view to restriction or lprollibition itf deemed necessary. The uses specified in this paragra])ph constitute the only purposes for which timber may be takemi, firee of charge, from public lands in Alaska. 51. In cases arising under the preceding paragraph in which the parties needing the timber are not in a positionI to procure it from the public launds themselves, it is allowable for them to secure the cutting, removing, sawing, or other malnufacture of the timber through the medium of others, agreeing with the parties thus acting as their agents direct in taking or otlherwise handling the timber that they shall be paid a reasonable amount to cover tlheir tinme and labor expended and 128 TITLE TO PUBLIC LANDS. all legitimate expenses incurred in connection therewith exclusive of any chargefor the timber itself. 52. Section 2461, United States Revised Statutes, is in force in the District of Alaska, and its provisions may be enforced against any person or persons who cut or remove, or cause or procure to be cut or removed, or aid or assist or are employed in cutting or removing, any timber from public lands therein, except as allowed by law. Section 12 authorizes the establishment ofLAND DISTRICTS WITHIN THE DISTRICT OF ALASKA, and provides: SEC. 12. That the President is authorized and empowered, in his discretion, by Executive order from time to time to establish or discontinue land districts in the District of Alaska, and to define, modify, or change the boundaries thereof, and designate or change the location of any land office therein; and he is also authorized and empowered to appoint, by and with the advice and consent of the Senate, a register for each land district he may establish and a receiver of public moneys therefor; and the register and receiver appointed for such district shall, during their respective terms of office, reside at the place designated for the land office. That the registers and receivers of public moneys in the land districts of Alaska shall each receive an annual salary of one thousand five hundred dollars and the fees provided by law for like officers in the State of Oregon, not to exceed, including such salary and fees, a total annual compensation of three thousand dollars for each of said officers. Districts have been established with land offices at Sitka, Rampart City, Peavy, and Circle. Section 13 accords certainMINING RIGHTS WITHIN THE DISTRICT OF ALASKA TO NATIVE-BORN CITIZENS OF THE DOMINION OF CANADA, and provides: SEC. 13. That native-born citizens of the Dominion of Canada shall be accorded in said District of Alaska the samze miling rights and( privileges accorded to citizens of the United States in British Columlbia and the Northwest Territory by the laws of the Dominion of Canada or the local laws, rules, and regulations; but no greater rights shall 1,b thus accorded than citizens of the United States or persons who have declared their intention to become such may enjoy in said District of Alaska; and the Secretary of the Interior shall from time to time promulgate and enforce rules and regulations to carry this provision into effect. 53. By the laws of the Dominion of Canada citizens of the United States are, with all other persons over 18 years of age, permitted to lease mineral lands in British Columbia and the Northwest Territory upon the payment of a certain royalty to the general government, but the laws of that J)ominion do not authorize the purchase of mineral lands in British Columbia or the Northwest Territory. 54. The existing laws of the United States do not make any provision for the leasing of mineral lands in Alaska either to citizens of the United States or to others, but they do provide for and authorize the purchase of such lands ill Alaska by our own citizens. 55. Since this section accords to native-born citizens of Canada "the same mining rights and privileges" accorded to citizens of the United States in British Columbia and the Northwest Territory by the laws of the Dominion of Canada, and since under the laws of the Dominion of Canada the only mining rights and privileges accorded to citizens of the United States are those of leasing mineral lands upon the payment of a stated royalty, and since the laws of the United States do not accord to its own citizens the right or privilege of leasing mineral lands TIT1A1 '10 PUB jLI( LAj~NDS. in Alaska, and since this section also lprovidesthaLt " no greater rights shall be tlius accordedi' to citizens of the Dominion ot' Canada "than citizens of the United States or persoiis wvho have declared their intention to become such miay enjo isuch D)istrict of Alaska, it, results that for the time being this sectioni is inoperative. Tue concluding section, 14, refers to matters tinder the jurisdictioii of the Treasury Department, as to which nothing need be, said in this connection. It re-ads as follows: SEC(,. 14. That uinder rules and regulations to be prescribed by the Secretary of the Treasuiry the privilege of entering gooswares, anti titrchandise ia bonld or of placing them inl bonded wvarehouses at any of'the iports in the D istrict of Alaska, and of withdrawing thle same, fbr exportation to any lplace in British tolumtbia or the Northwest Territory,%without payntent oftditty, is hercby granted to the government of the D)ominion of Caniada allol its citizenis or citizenis of the IUiiited States and to personis who have declared their intent ion to become such wheinever anid so long ias it shall appear to the, satisfaction of thle Icvsi(Ieiit of the United States, who shall ascertain and. declare the iac t, ity lproclaiuatioit, that correspoiudhig p)rivileges have been and are being granited by the g-overnittent of the Domitttton oft Canadla in respect of goods, wares, anid nmerchandise passing through1 the territor-y o)f the ])omlinion of Canada to any point in the 1)istrict of Alask-a from anly poinlt inl saiol District. TOWN SITES IN ALASKA. The act of May 14, 1898, aniaes nio provisioni for entry of town sites in Alatska, so that so munch ot' time act of M11arch 3, 1891 (26 Stat., 1095 Appendix No. 441, p). 221), a's relates to towit-site entries remains nnafz fected. by the act of May 14, 1898. Section 11 of the act of Mlarch 3, 11891 providled: Sifc. 11. That Until otherwise ordered by Conigress lands in Alaska may be entered for lown-site, puLrposes, for the several use and benelit of' the occupan —ts of such towvn sites, by such trustee or trustees as miay be namied by f lie 'Secretary of' the, Interior for that piurpose, such entries to he inado iinder the provisions of section twentythree hnndred and eighty-seven of tlie lVevised Statutes ais niear -its may be; andl when such entries shall have beeni made the Secretary ot' the lInterior shall provide by regulation for the, prolper execution of tie, tarust in favor of the inhabitants of the town site, includingi the, survey of the land into)1lots;, according to thfe slpirit -and intent of saidl sectioni tveitty-tbrcee hundred andl eighty-seven of the R1cevised Statnites, whereby the santoe results., would be reachted as though thme entry had heemi made by a county judge, and the disl)osal of' the, lots in such town site and the proceeds of the sale, thereof' hard been prescrib~ed b~y theo leg(islative authority of a State or Territory: Proi'ided, 'That no mitore thani six hundred and forty acres shallI be embraced in one town-site, enitry. The regulations issued nuder the act of Mlarch 8, 1891,7 will be found ini 12 L. D., 583. The followfing, are takemi -front those regulations, as aenemded October 217, 1898 (27 L. 1)., 560): All town-site enitries iii said Territory are to be made by trustees, to be ap~pointed by time Secretary of the Interior, acclordhimg to the sp~irit and intent of sectioim 23871 United States Rtevised Statutes, which section p)rovides that the entries of land for such p)~tiroses a.re' to be made in trust for the several use and benefit of the occupants thereof, according to their respective immtere.,sts, and at thme niiinimun p~rice, wvhich in these cases shaill be construed to mean $1.25 per acre. When the inhabitants of a p)lace and their occupations aend requirements constitutte more thati a miere trading p~ost, bitt are less than one hundred in number, the town-site etyshall be restricted to 160 acres; but where the iuhmabitants are in number one hundred amid less than two hundred, time town-site etitry mnay embrace atmy area not exceeding 320 acres; and in. cases where the inhflabitanfts number mnore than two htundred, thle town-site entry may embrace -any area,.tinot exceedimng 640 acres. It will 3073 ~9 130 130 '~ITILE' T~O 1 UHLIC LAINDS). be observed that no miore thian (;40 aR5ic5 shallI be el~lI)I tCcl Ii one to\ i site entry inl said Territory. The systeni of lpublic surveys iiot having, beeii extendled over atny portion of the Tferritoiry of Alaska, ialid 110 lLovisioit behijo liadle iii said act for the payment of the cost of officially makinig a special survey of the exterior lines of the town sites to be ellteredl tlietleiuder, it becomles necessary for the occupaiits of any town site lin said Teliiitory, ais a prerequisite to having ain eiitry madle of' the land cl~aimied by t~leui, to secure the slpecial survey of the laud, as p)rescribedl for applicants for1 lands iii said Territory for trade and~ mnanuthacturhipg purposes. The fee-simple title to certain real estate in Alaska was conflerredl unILer Rtussiani rule upoli certain individuals anid the (heek Orien.tcal Church, and confirmed by treaty concluded MNarch 30, 1867,7 betweeni tile United States and the Emperor of Riussia (15 Stat. Lj., 539); the act of MAaarch 3, 1891 (26 Stat., 1095), hI section 14, hias expressly excepted from entry for town sites and tradfing -rand mnaiumufacturinig sites all tracts of land in Alaska, not exceeding 640 acres inl any one traclt, occupied as missionary stations at tile (late of the passaige of' same; while other real property is now held and occnlpie(l. by the United States in several of the Alaska towns for school. -auid othier p~ublic pur1)oses, and it is p)erhaps desirable that still other lots or blockIs in those town~s that take advanitage of th~e l)rovisions of slaid act 511ou11( be reserved to meet the future requiremnents fortschool purlposes or as sites for Government buildings. Therefore, such employee or employees of the Governmenit as shall be designated or detailed for that p~urpose Slitu]l constitute a board whose duty it shall b~e, as 500o1 as notifie(1 by the UInited States surveyor-genieral. of Alaska that the dupllicate recelipt for the money deposited to defray the costs of a special survey of the -'~,xterior lines of such town sites has been receivedl by him, to go upIoni the land applied for and to (leterimiule and(] designate what lands should be eliminated fromt thie towmi-site survey, as -above imIdicatedl. Such board shall inquire into the title to the several )i-ivate claimis aiud church claimis held inl such town site, under R1ussiaun conveyances,7 as originally granted and claimed at the date of the acqluisition of Alaska by this Governmient, and into the claims for land thereini, not exceeding 640 acres in one tract, occupie(I as missionary stations onl Marc 3,891 and shall fix ani (letermnine the 1)ropermnetes and bounds of said church, missionary arid 1)rivate claims, after due notice having been given to the preseiit owNners of samte both of their right to submit testimony and documents, either in. l)er0ii or by attorney, in sup1)oit of same, and of thieir right, within thirty (lays fromt receipt of notice of the comiclusions of said board, to tile aii,alpleal thierefrom with said board, for transmission to this office. Should aniy one of such p-arties be dissatisfied with the decisioin of this otfhce in suchi a case, lie may still further prosecute an alpleal to the Secretary of the Initer-ior upon such terms as shall. be prescribed in each indlividlial case. Prop~er evidence of notice shouldl be taken by said board in all cases, and a record of all testimony submitted to themm s11o11l( be kep~t. If a al~l -peal is taken, the same, together with the decisioii of tIme board:111(1 all papers arid evidence affecting the claims of the,appellant, should be forwarded direct to this office. Should no alppeal be tak~eim, the report of' the board should be filed with the United States surveyor-general for his use and guidance as hereinafter directed. It shall also be the officia: duty of said board to app~roxiiimately fix and determine the metes aind bounds of all lots and blocks in any such town site now occupied by the Government for school or other 1)ublic TITLE TO PUBIIC LANDS. 131 purposes, and of all ullclaimed lots or blocks xwiicl, in their judgment, should be reserved for school or any other lurpose, and to Ilake report of suchl investigatiOns to the surveyor-general for his use and guidance, as also hereinafter directed, should no apl)eal be filed therefrom. Should an alppeall from the action or decision of sucl board be filed ill any case, no further action will be taken by the surveyor-genlleral until tlhe natter llas been finally decided by this office or the l)epartinent. But should lo appeal be filed, the surveyor-genleral will proceed to direct the survey of the outloulndaries of the town site to be made, the same ill all respects as above directed in the survey of land for trade land Imanufatcturing purposes, excelpt that lie will accept the report anid recominlenldatiols made by said board andl exclude and excel)t, by metes and boulnds, fr'omn the land so surveyed, all the lots tind blocks for anly purpose lrecommended to be excepted by said board. Tlhe execution of tlie survey of tlie lots and blocks tlius excepted shall be nmade a part of tle duties of tle surveyor who is deputized to survey tlle exterior lines of the town site; the survey of suchl lots or blocks shall be connected by course and distance with a corner of the townsite survey, and also fully described in tlhe field notes of said survey and protracted ul)pon the plat of said town site; a(nd the limits of such lots or blocks will be permanently marked upon the ground in such manner as the surveyor-general slhall (lirect. lit forwarding the plat and field notes of the survey of any town site for tlle approval of this oflice, the surveyor-general will also forward any report that said board may have filed with him for approval in like mlanner. Whlle tlhe plat anld field notes of the survey of the outboundaries of any town site shall have been approved, the Secretary of thle Interior will )appoint one trustee to make entry of the tract so surveyed, ill trust for thle occupants thereof, as provided by said act. Tlle trustee having received his al)loinltmlent, and qualified himself for duty by taking and subscribing tlhe usual oath of office and executing tlhe bond hereinafter required, will call U)pon the occul)ailts of said town site for tlle requisite amount of inoiiey necessary to l1ay tle Government for the land as surveyed, and other expenses incident to the entry thereof, keeping an accurate accouint thereof and giving his receipt therefor. And when realized from assessment and(1 allotment, lie will refund the same, taking evidence thereof to be filed with his report in the manner hereinafter directed. Ile will then file with the p)roper local land office a writtel notice, in due form, reciting thle name of tlhe party whlo will make the entry, tlhe name land geographical location of the town site, the place and date of making plroof, and the names of four witnesses by whom it is proposed to establish tlle right of entry. This notice will be publishled by said commissioner olnce a week for six consecutive weeks, at the apl)licant's expense, il a newspaper published il the town for whiclh the enitry is t;o be imade, or nearest to the land applied for. Copies of said nmotice must also be posted in the office of the register and in a conspicuous place upon the land appl)lied for, for thirty days next preceding the date oft makiing proof. The required proof shall consist of the affidavits of the applicant and two of the published witnesses, and sllhall show (1) the actual occupancy of the land for municipal ' purposes; (2) the number of inhabitants; (3) the character, extent, and value of town improvements; (4) the nonmineral character of the towIn site; (5) that said town site does not contain any land occupied by the United States for school or other public purposes, nor any land to which tlhe title in fee was coinferred under Russian rule and confirmed by the treaty of transfer to the United States, nor any lalnd for which patents 132 132TITLE, TO PUBLIC LANDS. have been issued by the Uinitcd States7, ai.d (6) proof'of the puhblicationi and posting of' notices for the, required tinic, the saume ill all resp~ects as is required by the ninth subdivision of paragraph 2() hereof. The)10 being accepted and the certificate of entry issued by the register of the land office, the purchase price of the land should be paid to ali(d recei Iptcd for by the, receiver of the land office, Cafter which aill tihe papers will be forwarded to this ollice, and, if found to be colnl)lete -alil mnade inl accordancewith t~hese instr-uctionis, l)atelittwill issuiew~itliout delay. Cas Ii certificate of entry (No. 4-189) wvill be usedl by the relgister ili allowingp all entries autliorizedl by the law anid these reguflations, and said entries will be numbered consecutively, begiuniiig with No. 1. A protest against the allowance of a towni-site etitry wvill be heard, andl the scane lpermlitted to be carried inito a contest in the saine imanner and uenler the same conditions as lprovidedl in tHie miatter of cotitests before, local lanid offhcers. Trustees of the, several town sites enteredl inl sai(ld Terr-itor-y shall levy assessments up~on the 1)rojperty either- oe-cul)ied or p)osselssed by anly native Alaskan the same. as if lie were a, white nitami, amnd shall alpportiomi adconvey the sanme to htim according to his respqective interest,, wvithout regrard to the (I uestiou of citizensh ip. BRut, ili caSe, of wh~ite, settlers, or,associations or corpor~ations, the trustees shiall reqfuire the same(, evidenice of citizenship) or- the right to hold real estate, as the case miay be, as is required of purchasers ot lan~d for pirposes oftrmile or manufactures. The, entry having lbeeml masde and forwarded to this office, the trustee will. caluse an actual survey of the lots, blocks, streets, anid alleys of the towni site to be made, couformiingp as itear asin his ju(Igmnemit it is (leemned advisable to the origlinal plain or survey of suich toWvn, mlaking~ trilplicate 1)lats of s~aidl survey and (lesign-iatimig ttl)oii each of' sai(1 plats the lots occuipied], together withi thje value of' the samie and the iaine of the ownier or owniers thereof' anUd iti. like mt-inier lie wvill designlate thereomi the lots occulpied by anty corJlorationi, relig-ions org~aniz~ationi, or ItrivaC~te or sectarian school. Wh'lemi the p)liit5-, are fimally conpletedl they will be certified to b)y himm-ias follows: I, the undersignied, triustee of tlie town siteot of Alaska Territory, hierehy ce,,rtitv theat I have exainedifC( the Surivey of sa~id town site aild~ approved the fPregoinig plat thereof as strictly conformable to saili survey madie lii accordance witht tlie act of Congress appIroved March 3, 1891, amn(I my othucial iustrucmtionms. Oiie of said plats shall be tiled iil the land office fii the (listrict where the town site is located, one fii the office of' the (Comnuissioner of the General Land Office, anul one retainedl for hi-s owmri use. The (lesignation of an ownier on such plhats, shall be teniporamy unitil fimial (lecision of record in relation thereto, amid shuall inl no case be takemi or held ats in any sense or to any degree a conclusion or judgmeiiit by the trustee as tothe true owniership) iii cany contested (casC coimimig before him. As soon ats said p~lats are, coinpletedl, the trustee wvill thieii catuse to be posted1 in three comispicuous 1)laces in 'the townt a notice to the effect that such survey anid p)latthig heave beemi completed, amml notifjyiug all persons concerned or imitereste(1 iii such towvmm site thiat on a (lesuigated day he will proceed to set off to the persoits cittitled to the samte, according to their respective interests, the lots, blocks, or gr~ounids to which each occupant thereof shall be entitled ullnler the provisions of sai(1 act. Such iiotices shall be posted at least fifteen days prior to the day set apart by the trustee for imaking such division and allotment. Proof of such notification shall be evidenced by the affidavit, of the trustee, accompanied by a copy of such notice. After such notice shall have beemit duly givemi, the trustee wvill l)roceed on the designiated day, excelpt in comntest cases, whichl shlall be TITILE TO PUB'IIC LANI)S. 133 disposed of in the manner hereinafter provided, to set apart to the.persons enititle(l to receive the same tle lots, blocks, and grounds to whichl eachl lpersoil, collpany, or association of persons shall be entitled, according to tleir res)ective ilterests, including il thle portion or portions set apl)art to each person, corloration, or association of persons tlhe implrovell(ents belonging tlereto, and in so (loing he will observe anld fiollow as strictly as the p)latting of tile town site will l)ermit the irights of all parties to tlhe property claimled by them as shown and defiled b)y tle records of tlle clerk of tle district court of Alaska, who is ex ofic(io recorder of deeds lanld mortgages and other contracts relating to real estate in sai(l Territory. After setting alparlt sucl lots, blocks, or parcels, and upon a valuation of tie e s;le as hlereinll)etore provide(l for, tlle trustee will proceed to (leternlile anld a.ssess lupon such lots and blocks according to their value, sulch rate lan(l sum as will be uecessary to pay all expenses inci(delt 1-( tile townl-site entry. Inl tlhose cases in which there appears more tlhan o(ne clilaimant for aluy lot (r blockl, the trustee will require each (claimalilt to 1)ay tile assessment, and lupont tile final determination of tlle (coltest, as hlereinbefore l)rovidle(1 for, the unsuccessful claimant or claiallants will be reibllur.ed( illn a sum equal to thle assessment paid by tlhem, s.uch rieimburseients to b)e liroperly accouinted for by the trustee. III makilnl tlie assssnllelts the trustee will take into considerationFir'st. I'll(e reinb)ursemient of' tle lparties wlho (leposite(l tlhe money to pay tlhe costs of surveying and plattinlg thle outboundaries of the towI site, a 11i1 wxio advamnced suc11 ll oiey as was necessary in addition to pay the luIirchlase l)rice of tlie lad(1. Se(eo(l. The nmoney expended ili advertisinlg anld mnaking lproof and celtry of the townl site. Third. The compensation of himlself as trustee. Fourth. Tle exl)penses incidenlt to making tlhe conveya nces. Fifth. All necessary tr'aveling' expenses (a1ld all other legitimate expenses incideit to the expleditions execution of his trust. More than one assessment may be made, if necessary, to effect the purposes of said act of Congress an(l tlhese instru(ctions. Upon receipt of tlhe assesslments tile trustee will issue deeds f'or the uncontested lots, blank forms of 3onveyuance being' furnished by this office for that pur)ose. II is work having been completed to this point, the trustee will then, and1 not befomre, inl cases where lie fin(Is two or more inhabitants claimilg tile salume lot, block, or parcel of land, prloceed to lear and determilne tile controversy, fixing a. tiime an(l place for thle hearing of tlhe reslpective c(la.ils of the inlterested I)arties, giving each ten (lays' notice thereof,; anld a, fair oplportunlity to plresenit their interests in accordance withl tlie plrilnciples of' law and equity al)lflicable to tile case, observing:as far as l)ra,('ticable tlhe rules lprescribedl for contests before registers andl receivers oft tle local offices; lie will administer oaths to the witniesses, observe tllie rules of' evi(lence as near as ma.y be in making his investi,'gations, and at tile close oft' the case, or as soon thereafter as his duties will permit, render a (lecision in writing. It' the notice herein provided for can not be l)ersoinally ser've(l upon tlhe party therein niamed itllil tlhree (days from its (date, such service mllay be made by a printed notice publishedl for ten (days in a newspaper in tlhe town in which the lot to 1)e aftected thereby is situated; or, if there is none published in such town, thetn salid notice may be printed in any newspaper published in the Territoriy. Copies of' such notice,shloul also be lo tposte upon the lot in controversy and in at least; tliree other conspicuous places in 134 134 TITLE TO PUBLIC LAND)S. the town wherein the lot is situatedl. rphe proof of suchl publicat-ion and posting of notices, to be filed with the recordl, miay lbe made as p)r0-. vided in these rules mi(d regulations in other cases. Tfhe procleedinigs, in these contests should b)e abbreviated in time and wordls, or the workl may not be completed within the limit of any reasonable period of time., or expense. Before, proceeding to dispose of the contested[ cases the trustee will require each. claimiantto, deposit with him. each morning a suml suitlicielit to cover andl pay all closts amnd expenses 011 such proceedlings lOr' that, day. At the close of the (comitest, omi al)Lpeal. ori otlier-vise, the suim deposited by the successful lparty shall be returned to himi, bitt, that depo~sited by the losing party shall ibe retaiiied fandt accounted l for by saidl trustee. Any person feeling aggrieved lby the (Iecision of the trustee may, within thirty (layslafter notice ther-eof, appeal to the Conmmissioner of the General Land Office, tunder the rules ais prLovidedI for -appeals from the, opinions,, of registers and receivers,,and if either party is dissatisfied1 with the conclusions of said Commissioner hi tile case, lie may still further prosecute an al)1ea(l, within sixty (lays from notice thereof; to the Secretary of the Interior, i-ip1)011like termis and coiititions alid ullder the sa-me rules that appeals are 11ow reogmiatedl by and ttakemli 11 adversaCry prio - ceedings fromt the Commnissioncer to tile Secretary. All costs in such proceedings will be governed by the rules niow applicable to contests before the local land ofhices. The trustee shial receiv~e aid~ pay out aill. moniey providlcd for ini these instructionis, subject to the supervision. of this office, amid lie shiall. keep a correct record of his piroweedlings anml an accurate account of aIll money receivedl and disbursed by liiimi, takiigan 1iln Plervuch - ers therefor, in the mianner hiereinafter 'providled; and before eit-ering upon duty he shall, in addition to tak~ing the olhicial oath, also enter into a bond to the United States in the pental sum of $5,0 ( for thle faithful discharge of his duties, both as now p~rescribed and tiifunishe~d by the le)eartmient of the I nterior. All lots remaining ulloccupied -(and uncla-imed wvleal the trustee shall have made his allotments and a-ssessmentis will be sold at lpubllic outcry, for cash, to the highest bidder. The proceeds of' suichI sales,7 togethe'r with any balance rem-ainfing ini the handts of the truistee-, to the c-,red.it of the town-site occup~ants, to be exp~end(led, undler the direction of the Secretary of the Interior, for the lbenefit of tile town. All payments by the occupanlts o)f any town site for aiiy of the pmmrposes above named, exclept the sur-vey of the outboniudaries of the hland so eltee~lshal 1e il cshaiid made only to the tr~ustee thereof; wVli( shall make duplhicate receipts for all onoiey piaid him, one to be givent the party making the payrneitt, and1 the ('ther to lhe foi warded to thi is office with thme trustee's papers and a-ccounts. Saidl truste- e shall- ab1,o take receipts for all money (hislbmrse(I by him, anmd be hield strictly accountable by this office, tnuder his bond, for the proper' liand~lilng of the trust funds iin his possession. The trustee of any town site, fii said Tverritory will be- allowed coin pensatiomi at the rate of $5 per day for each day -actu'ally enigaged and employed in the performance of his (luties ais suich trustee, and his niecessary traveling expemises. The trustee's duties hmereimi prescrilbed having been completed, time account of all his expenses amid exp~enditiures,, tog-ether with a recor-d of' his proceedhiigs andl a list of' the lots to be sold at public, sale, as her',einbefore provided, with all papems iii his possession aiid all evidence of' Tll[ITL TO 1'HU LNS 3 his oflicial (,cts, shagll be tranlsmitted to this ofijee to become a part of the recordIs hereolf, excep)ting fromn suich papers, however, the subdivisioiial plat of the towni site, wvhich lie shall dIeliver to the clerk of' the (listrict, court, to be Ilnade of record alld placed oii file, fit his ofhcee as exofficio recorder o)f (lee1s, iiiortgagyes, and other contracts relating to real estate in the, Territory of Alaska-. THE BOARD OF EQUITABLE ADJUDICATION. The lboard of eqjuitable adjudication is established and its powers defined by sections' 2450 to 24,57 of the Revised1 St.atutes (Appendix No. 1, pp. 160-161), amended by act of Februlary 2 7, 1.877, suibstitu thig the Secretary of the Interior for the Secretary of the Treasury as one of the board. It consists of the Secretary of the Interior, the Attorney-(Genera], all( the (Commiissioner of' the CGeneral Laiil Office, al(Lu is auithorize(I ''to (lecidle 111)011l)rincipiiles of e~itity antdjustice * * all cases ofsul~n~edenris f ubiclal~s * * * andlto ad judlge ini what cases p)atenits shall] issue upon same." The lboard has no power to adjudicate adlverse, claims betweeni contesting parties, but only b~etweent the Uniited States -and claimants, in cases wihere the law hias been substanititally compliedI with, but wvhere error or informlality has arisen from ignoranice, accident, or mnis take, which is satisfactorily explained. This board is a tribunal of special and limited jurisdiction, ontSidle of whichi it has no authtority. 'but inlsidle of w-hich. it is exclusive. No appea,,il lies fr-omi its decisioiis, ntor are they subject to review lby any other tribunal. (For the rules land regulations o)f'tie lboar( of equit~ablhe adjudication, see AIppenidix No. 85, l). 265.) CHANGES OF ENTRY. In order to secure uniformnity iii proceedhings upon applications for chainge(, ot entry, -attention is called to thle following secltions of the lievisedl Stattiites andlaccoinpanyni g instructions: slvc. 2369. In every case of a, purchaser of public lands, at private sale, having entered at the laudI office a tract difterent from tIhat hie inteniled to punrchase, and lieinig desirous 4d having the error in hiis entry corrected, he sha-llia'ke his application for that purp~ose to the rlegister of thie land office, a111( it' it appears from testimuiny sa tisfactoi'v lo tlie reffister anod receiveri that anr ei'ior in the entry has b.een madle, and thait theo sam ias oecasionedl by original incorrect ma.-rks masde b~y the suirveyor, or by the oblit(erationi or cliange of the original iiarlks and iuiuibers at corners of the tract of lanid; 01' that it hats iiiany other wise arisen from miistake or error of tho suveor, or offic-ers otfh ~i f the th egister andl receiver shall1 report the case, w ith I lie tcstiiiony and tlheir opillion thereon, to tlie Secreta~ry ot the Interior, who is autliorizeil to direct that. the purchaser is at liberty to withdrawv the entry si) erroneously masde., aiid I lit the moneys which have been paidl shall be applied in the lmlrcliase.- ii otlher lands in the sanio ulistrict, or credited in the payment for other hands wvhichlihave been purchased at the same office. Si~x. 23"70. [Ilie provisions of the preceding section are declared to extendl to all easese Where l)ateiits have been issiued, or may hereafter issue; npon condition, hiowever, flint the0 party Concerned -surrenders his hpatenit to) the Comimissioner of the General1 Landt 0flice, with a relinqlnisihuent of'title thereon, executed] in a, forni to be prescribed by the Seecrtary of the Interior. 5mw:. 2371. Th'le pu-ovisions of the two preceding sections8 are made, applicable in all resluects to errol's iii the locatioii of land wa~rrants. Strc. 2372. In all i'aseg of an entry hereafter made of a tract of land not intended to be ent''ered, by a miistake ot' the true numbers of' thec tract intended to he entered, where thre tiract thus errouieously entered does not in uuitantity exceed one-half seetiodivai~were tlio certificate of the original purchaser has not been assigned, oir his righlt ini any wa~y transferred, the purchiaser, or', ini ease otf huis deathi, teo he-a~l representatives, iiot be~ing assignees or transferees, May, in any case coming wnithinl 1 qf 6 TI6l' E rO') IIT I,P BIC LANDIS. the provisions of this section, file his own:afidit, w ith sechl:addlitional evidence 1s (cln11 ]e procurled, showing tlie nistalke of the numbers of the tract iiteldedl to be entered, and tlht every rea-onalble precaution anid exertion lIas been used( to avoid thle error with the register auld receiver of the land district within wlich suchl tract of' land is situi:tel, who shall transllit thle evidence suilbmitted to themn iln e.ch case, togetller with their written opinion, both as to the existence of the miiistake and the credibility of each person testifying thereto, to tlh Conlmissionler of the1 Gelleral Land Office, -wio, it lie ble entirely satisfied that the mistake las beell made, a1i that every reasonable p)rec:aution and exertion has been nmade to avoid it, is a:uthll rized to (clhange the entry alid traisfter the payimen it fromi tile tract erroineously enterede to that intendl e to lie entered, if unsold; but if sold, to any otlher tract liable to entry; b)it tile oatll of the person interested shall ill no case be deemnedl sufficient, in tlle absence of other corroloratiig testimony, to authorize suchi change of entry; nor shall anything lerein contained affect tlie righlt of third persons. It will be observed that section 2369 is intendedl to afford relief to purchasers of lpblic lands at private sale whose errors in entry have beei occasioIne(l by the original incorrect markingl by tlhe surveyor, or by tile subsequent change or obliteration of those marks, or ly any otler error originating either with the surveyor or tile land offieers. Section 2370 extends the foregoing provision to calses wliere patents lave l)een or may lbe issue(d. Section 2371 extends tlhe provisions of both the prece(ding sections to errors in the location of land warrants. Section 2372, further extend(ing thlese provisions, appl)ies to all classes of entries, and also embraces cases wlhere the error was not occasioned by any act of the surveyor or of tlhe land officers, but restric'ts changes of entry to cases in which the tract erroneously entered does nlot in quantity exceed one-half section, and w^here the certificate of tlhe original purchaser lhas ~iot been assigned or his right in any way transferred. Change of entry may therefore be allowved, in accordlance witl tlese provisions, in respect to either of tlie following classes of cases, viz: Purchases at public1 sale. Private entries. Preemption entries. Military bounty land warrant locations. Scrip locations, etc. A change of entry, when allowed, will be ma(le from thle tract erroneously entered to thlat intend(led to have been entereld, if vacant; Iut, if not vacant, tlhe change may be made to any other tract liable to entry. AllPPLICATION FOR CHANGE OF ENTRY. Tlhe application must, in all cases, be ma(le by the party malking thle original entry, or, in case of his (leath, by his legal representatives, not being assignees or transferees. Thie applicant must file an affidavit showing thle nature and particular cause of tlhe error, and tlhat every reasonable and proper precaution had been used to avoid it, accompl)anied by the best corroborative testimony that can be procured(. The oath of tlhe party interested is not of itself sufficient. The affidavit must also show that the land erroneously entered has not been transferred or otherwise encumbered. This evidence, together withl tlhe joint opinion of the register and receiver as to the existence of thle mistake, an(d the credibility of eaclh person testifying thereto, will be forwarded for thle decision of this office. Where a patent has not been issued they will require the surrender of thle duplicate receipt, or certificate of loca-tion (as the case may be), TYMTLE TO PIUBLIC LANI)S.13 137 accolmplaniedl lbythe affidav~it of the party thIait lw,, has not sold(, assigned, nor iii anty way encumberedl the title to the landl described inl thle ap~plication,,ali(l that saidl title has niot become a matter ot recod Where a patent has IssSued it must be surrendered. Where the. title hlas become a, matter of record, -.11(d in all eases where l)atelnt has issue(1, they will require a quitclaim (deed, or release,7 to thle Unlitedl States, which dleed1 must be executed, acknowledged an recorded in accordlance with the laws of the State or Territory iii which the land is situated. They will also require a certificate fromt the county clerk, or other officer heaving charge of' the books iii whichl any con~veyanceeof the land is required to be recorded- to give it validlity, stating that the recor1s of' such officed(1 not exhibit, any conveyance oir other incumbrance of the land lin questiol). In the ae of' a m1arrie(1 manl, a properly execuited release ot' dower by the wife mu)tst be fur-nishied, if' a righlt of' dlower' exists 1uI1ler the l)ca-l law. WVHEN C1IAN(_1E, OF ENTIRY IS ALLO WET). In all eBases of' tapplication. for a chainge of' entry, when the evidlence is satisfhctory, a new regrister's certifi('ate will be -autthorized by thils olbece, which certificate will be-ar thle current number andl (late, and will be indorsed weith the authority for such. chiange. Thle tract to which thle change is allowved, its area, etc.,wilb reported onl the p~roper monthly abstracts, with a, ntoting inl redI inlk of the items credlitedl from the 01(1 certificate and not. included inl thle footin gI(s. Any excess over an original amnouut will be ac'ountedl for ais inl ca-se, of' the, other excesses. For instructions as to amnendmlents of' applical ions anud entries see p~age 90. FURNISHING CERTIFIED COPIES. Annmexed arcI'elte Laws (RILevised Statutes of the U7nited States) relative to thle p)owers5 and (luties of the (leneral Landl Office inl furnishing~ exemp~lific-ations ofpIatcllts, papers, oi' 1lats onl file oi' of'recoid therein; ot' the lega~l force anid effect, of' such certified copies-, an(1 thle termls, upon which the same can be p~roculredl. (Sees. 461, 891, 2469, 2470, Rev. St-at.; Appendix No. 1, pp. 143, 1.14, and 162.) W'ith a view to give proper effect, to sali(I statultes, thle following re(Ini'elnents are prescl'iled by (lirection o)f' the Secretary o)'f the In ten 01': First. All cop~ies which imay be r-equiredl by parties hiter'ested will lbe fruuished when thle cost, the-eof' shall first have beenl paid to the CGeneral Land. Office. Second. The applicant must addlress a (commlunicationl to the Coinmnissionel' of' the General Land Offi1ce (lesigntatilig fthe. tract or ti-acts ill ra-dto wvhich the verified transc-ipts are wanted, describiug ( as -accurately as possible, the 1'ecor'(, 1)apel-s, or plats of'w~hich. said transcripts a-fie desired, alId sending a sum of mnouey (quite sufficient to coN-er the cost according to the extent of the copying requii'ed; and should the sumn sent to this office be inl excess of the actutal. leg-al cost, such. excess will 1)e returne(1 to the appllicanut. The fo~llowing- is tihe tariff'esta~blishied undm~er the statumte,-section 461, for furnishing tr-auscripts,,, to wvit: 1. Fifteen (cents for' every hmnumrdm'ed wvor(ls inl a transci-ipt. 2. Two dolltams for- c-opy of' tlownshhi) plat om'- (hiagl'aln. 138 T ITL TO " '( PI B LI LA'NDS. 3. One (lollar' for the Coimniis.sioiier's certificate of verificlation and official seal. Third. Upon the receipt tat thre General Laiid Office of the alpllication. particularly (lescribing, the recor(l or paper of whichi tranuscrilpts are requiredl, aiccomplaniied lbythe requisite amounit to cover the exp~ense, the same will lbe duly acknowledged] anid the exemaplifiecations lprompltly transmitted. In comp)uthig the cost of such exemnplified copies, the followiiug rules will be observed, viz: The sumn of 15) cents per hiundred will be charged for all wordls ini thie copies fturnishedl, whether wlriftten or rhinted. Each compound or hyphienated wordl will be coiuitedl as one word. -Each naive or imiitial letter rep)resenttinig a niane, of a lpersoii, place, or tlhing will be counted as ouie word. lDitto marks ("1) will each counit as one word. Figures will be coulsidleredl as they woul( appear when properly r'epresentedl as written words, am-ldl con ntedl accordhi migy. No char-ge will be mnadle for (juotation m~arks, asterisks, signis of (legrees or minutes, or other arbitrary signis or marks employed ini writteni or lpriintel imatter. Regardingo initials, it will be observed that SIAE. for southeast, NWV. for northwvest, andl similar comnlinatiolls staIdling for com-ipound wordls should be counited as onie wordl only. Pliotolithiographbic township piats an~d mal)s of the States and Terri — tories remanainimg on hand in this ofhice may lbe sold to citizens of thie United States-certi tied (colpies at -50 cents per cop)y; uncertified copies at 25 cents per cop~y-uiuler act of Congress -approved October 12~, ISSS. (25 St-ats. L., 55)74.) P1-1ltolithograplmic, clopies of offlicial township plats of surveys are onl file in. this ofihee fbr towniships iii Alabama, Arkaiisas, Florida, Illinlois, Indiana, Iowa, Kanisas, Louisiania, Mich iga-nm, Mississip~pi, Missouri, Nebraska, Oh)Iio, Waslhington, amid Wisconsin, which will be supplhied to applicants npon. paymenet of the legal tee, viz, 25 cents each for uiicertifled copies or 50 cents each for certitmedl copies. DUTIES OF REGISTERS AND RECEIVERS. The (luties of' registers and receivers ini maniy cases (coinectedl withl timeadminiistr-ation of the, lawvs 1regardlingo pumblic lands heave already beeii incidlentally met forthi. In addition thereto they will observe thte following: REGULAR ATTENI)ANCE AT OFFICE. They will lbe in attendance regularly at their offices, k~eepingr time saime opena for tranwsac-tioni of' businiess fuoma 9 o'c-lock a. in. till 4 o'cloclk p). in., and givinig all proper informnatiomm anid facilities to lpelsomls applyimc".. tlmerefor, without ch~arge, excelpt as provided by law. ENTRY APPLICATIONS. Applications to make entry can not be received by the register 0o' receiver out of office hours, nor elsewhere than at their office, nior cami affidavits or lproofM be tafkemi. by either otf them except in the regular and public discharge of' their ordinary duties. TITLE TO PUB3LTC LANDS.13 139 Registers andl receivers must, note upo11 the paper itself, in case of every filing. (leclarationl, or application (whiere thle Samle is not executed Ibefore thiem anid presentted by the applicant in person), the niaue of the party lby whonm the same was Ipresented or transmitted. (Circular.App1roved October 25, 1886, 5 IL. 1)., 198.) NOTICES. All notices given. by registers and receivers of hearings, decisions,, or othier action, whiether of their offices or of this office, involvinig the right of appeal by any p)arty or the exercise of other rigffhts withuin a c~ertain time, or comh)liallce with Some official. requiremen~t, must be,served p)ersohnally or by registeredl letter. When personal service is had the register and receiver will transmiet to this oflice the, acknow~ledgmentt Of sncli service or ev-idenice thereoL. When service is made by registered letter the return letter receip.t, or returned letter, as the case mnay be, mtust, iii every instance, be sent up Nv'ith tthe 1),apers in the case. Tf le costs of registration w ill be plaid out of the advances fronm thle P101 Iei- aj)propriatiomis, amid es,-timiates thieretor will be emubra iced in the usual requiisitions. (Circnlhiir ap~proved October 28, 1886, 5 IL. 1)., 204.) SIPECIAL IZEPORTS. The hiabitual failure of local otbecers to promptly noifyt thi offie wliem appealds atre not ta~keni fromt decisions or aiction otf this (,flce, or wh-lere 1parties do iiot (comply with requiremnents inaile, or where they takde no action under notices directed to be given, involves great embarrassmitiet and (lelay, and causes unnecessary correslpondemice to obtain the informnation which the register and receiver are exlpected amid requlired to furimish without special calls there for. lin order to obviate these (liffidulties it is (lirected: First. That iii. each local landI office at least twvo current (locket s inust be kept,. 1. A (docket of contestedl cases iii which every case of individuail contest shall be enitered whene imntiatedl, and theretafter a meicmoramiduhm of every ordler mnadle, or action taken iii Such case, either by the local office, or lby thi.s office, or by the Secretary of the, Interior, shall also be enlteredl -as soon as -ally action is had or miotice thereof received. 2. docket in which shall be entered every entry of any cha racter which is held for cancellation, or iii which further evidence is called for, or other requliremenets made in-volving, the right of,appeal or othe-r action lby the iparty, and reports thereon by the local officers. Inl each clase memoranda, shall at once be ehlteredl oni the docket of all holdings, calls, or other action by this offic-e, Stating the niature, thereof, thle time allowed f'or appeal, reply, or other p)roceedhing, the da~te and imiitial of Comnmuis-ioner's letter, and. the (late of notice anld evidence of service of notice, togetheir with aniy other miemoranda deemed necessary. Second. Time (late wvhen the period allowed for ap~l)eal. reply, or other (action by the p)arty wvill exp~ire, and a report to the General Land Olhice by thme local officers become due, must ini every instance be distinctly niotedI on the dockets at the time notice is givemn to the party. Third. Upon every Saturday the dlockets must be carefully examined, amild relports to this office inaile inl all eases where time for report Ima:r arrived. (Circular applroved D~eceniber 18, 1885, 6 IL. 1)., 12.) 140 140 TITLE TO PUBLIC LAND)S. COMMISSI4ONS, FEES, ANI) SALARYX. They are prohibited fromn makinig any charges for their services other than such as are lprovided by law. (Secs. 21238, 2239, andl 2246, 1Rev. Stat., App~endix No. 1, pp. 144-146; lact May 1-4, 11880, 621 Stat. L., 140, Appenidix No. 15, p. 174; act March 3, 1883, 212 Stat. L., 484,.Appendix No. 25, P. 181; act July 4, 1884, '213 Stat. L., 96, Append ix No. 2 7, p. 183; act August 4, 1886, and ac-t March 3, 1887, 24 Stat. L., 239, iMefli 526, Appendix No. 29, P. 1.83.) Receivers will deposit to the credIit of' the Treasurer of the United States all moneys received for redlncing testimony to writing, and all other fees which, by the act of March '3, 1883, were authlorizedl to be retainedl by registers and receivers (except, the amount lpayablhe for clerk hire, in accordance with the termi-s of the Law), as other Public moneys of the United States received from fees and commissions -are (eleosited. All such fees will be reported ii (Ietail on the receiver's inonthly (detailed account current thiereof (Formn 4-146), and accountedl for iii their monthly and quarterly accounts. But fees not earrnedl, that is, d(1J0oi15 made for services to be rendleredl, are not to be decposited or accounte(i for until they become pu~blic moneys of the UTnited- M~ates. The fee of $1, authorized to be retained by the regrister for giving notice of the (cancellation of ani entry, as providled by the atct of' May 14, 1880, will lbe 1)aid to the receiver, who will (leposit it wvith the other fees, wihem time emitry is cammeeled anil thme notice given. Should the c~ancellation. not take lplace aind no notice be givein thme fee is to be returned to the depositor. In computing the fees for reducing testimony to writing the wor(ls actually written by registers andl receivems, or personis ini their emnploy, only must be charged for at the rates tallowed by ptara-graphs 10,1 II,aiid 12 of section. 2238, Revised Statutes,,, In nocagIstolemd o the lprinted wor(1s. The wordIs lactujally written must be countedI anid charged for, anid there caui ke no unuiform fee of a specified sumi applicable to every case of the samne class of entries; that is, registers anld receivers can not fix the fee at $1 or mtore fo~r e~ach lpreenllptioinm, limlal homiestea(l, or mineral enitry. Under the second section of the,act of March 8, 1883, autoi, n charge to be made for plats or diagrams, the fees for tihe samne are li xe(l as follows: For a township diagram showing entries onily~.................. 100 For atowniship platshowiiing entries, namnes ot clainiants, anid eliai-'aeter of entry - 2. 00 For a township plat showing entries, niaines of clainiants, clharacter of entry, and ntim ber --- - - - - - - -- - - - - - - - -- - - - - - - - 1. 00 For a township plat showing entries, aimanes- of claimants,, character of (ltry, nniniber and (late of tiling or entry, togethier witli top~ogIj-aJt)Iy, et - 41. 0 There is no legal authority for registers and receivers to charge or receive a fee of 25 cents for phats or diagrams of a section or a part, of' a section of a townshlip. In all cases where time finmal proofs in homesteadl. an(1 thimber-cultuire enitries are taken by other officers-by United States commnissioners, judges, or clerks of courts-thme registers and~ receivers will, under act, of March 3, 1877 (Appendlix No. 5, p. 1-65)), andl act of March 3, 18191 (Appendix No. 44, p. 221), be allowed thie same Fees For examining and app~roving the testimony as would be charged if the testimony were taklen by themselves undler thie tenth andl twelfth subdivisions of seetion 2238, Revised Statutes. The first section of the act of March 3,1891- (App~end~ix No. 44, p. 2121), TITLE TO PUBLIC LANDS. 141 ill lroviding for the commutation of tinmber-culture entries uses tile following words, viz: " Registers and receivers slhall be allowed the same ftees alid comnpeilsation for filial l)roofs in timber-culture entries as is now allowved by law ill homestead entries." T'llis )provisiol appears to be, first, a legislative construction of the )reviously existing law as allowing the same fees and compensation for services rendered by registers and receivers in final proofs in homestead entries, for reducing the testimony to writing, if made before theml or examining and approving the same, if made before some other oflicer, ullder tlhe tentll and twelfth subdivisions of sectionl 2238, Revised Statutes, amlld act of Marclh 3, 1877 (19 Stat. L., 403), without regard to wlhetlier suclh 1proofs are made after the expiration of the five-year period of residelce and cultivation, or at anl earlier date, ill commnutation cases; 1and second, all enactmlent that the fees and compensation indicated sliall also be allowed for sucl services when rendered in connection witll timber-culture entries, wvletler alfter tlhe expiration of thle full statutory period or at Lan earlier date, in commutation cases, thus equalizillg tlhe fees andl com)pensation in all cases of tile classes meutioned. Tlie attention of registers and receivers is called to section 2242, Revised Statuttes (Appendix No. 1, p. 146), as follows: No register or receiver shall receive n: y compi)ensation out of the Treasury for past services who has clharged or received illegal fees; and on satisfactory proof that either of stclI oHficers h:as charged or received fees or other rewards not authorized by la\, lie slall be forthwith removedl fronm oflice. This st;atute will be strictly enforced. Reg(isters of land offices have io( right officially to receive any moneys whatever except such as.are paid to tllelll by receivers as salary, fees, and commissions. Should any money be forwvarded to the register or paid to hil, lie will at once pay over the same to the receiver; and wlere parties address tlhe register as to the cost of any service required, lie will refer the matter to the receiver for answer, as the latter is the prol)er officer to receive all Ipublic moneys. All fees collected by registers and receivers, from any source whatever, wllich would iclrease their salaries beyond $3,000 each a year, sliall be covered into tlhe Treasury, except onlly so much as may be necessary to pay actual cost of clerical services employed exclusively in contested cases, andl they shall report quarterly under oath, of all explenitures for suchl clerical services, with vouchers therefor. (Act August 4, 1886, 24 Stat. L., 239, Alppeldix No. 29, lp. 183; repeated in act March 3, 1887, 24 Stat. L., 526.) MONTILY REPORTS. Within tlree days from the close of eacl mnonth tile register and receiver must make out tand traismit to tlie General Land Office a statement of the business of their respective offices for the preceding montll. Tlhese reports are in the form of abstracts of preelmption declarations and of soldiers' declarations filed, abstracts of lands sold, abstracts of homlesteads entered, abstracts of timber-culture entries allowed, abstracts of military bounty-land warrants and of agricultural college scrip located, accompanied by the certificates of purchase, receivers' receipts, homestead ald( timber-culture applications and affidavits, military bounty-land warrantts and agricultural college scrip surrendered ias satisfied, and tlhe certificates of location thereof; also of all other forms of eltry or localtion requiring separate returns. Names of parties 142 TI~TLE To PuiTIic, 1AND)S. must be clearly a11d legibly written iii these pap~ers to clorirespo~i~l withl the signature to every apl))icatiolii; aid wlheii s1)elled in two or miore ways, or illegibly written by the personi signifig, the register 1iiust ascertain by proper inquiry the correct orthography and certify to the samne ilj)On the margin of the certilicate. The abstracts, after being carefully examined by the, register aiid receiver, are to be certified lby them as correct aiidl as ini conformity withi the papers in the entries or locations embraced therein antid with their records, which papers, abstracts, and records mnust agree wvith each. other. MONTHLY AND) (~TAETERLY STATEMENT OF ACC5OUNTS. The receiver is required to render promp~tly, to the Commissioner of the General Land Office. and to the Sevretary of the Tre-asuiry, a monthly account of all iuoneys received, showving the balanice (hie the Gloveri-11 meimt at the (lose of each mnontlm and at the enid of every quarter lie imust also transmiet a (quarterly accountt. (Sec. 22145, Rev. Stat.; App~eiidix No. 1, 1). 146.) lie is reqlliredl to (deposit the monoiys received by hmiim at some (lelositoryi designiated lby the Secretary of the Trelastity, whemi. the amount on hand shall h~ave reached the suiii of $1,000; anil jin no c-ase is lie authorized, without special instructions, to hold a larger amiount iii his hands. Laws and instructions relating to mining claimns, boumity lanlds, railroad ad justmenits, towim sites, timber depredations, amid othier special matters tormi the subject of separate circulars. BINGER H-IER-MANN, Conm'issionetr of tihe Gener(al Land Ogfice. Approved. July 1-1, 1899. E. A. HITCHCOCK, &kS'Ccrety. A P P V N D 1 X. No. 1.] REVISED STATUTES OF THE UNITED STATES. 'I'HE SECRETARY OF TIlE INTERIOI.;;- i-.':,i *:. SE,(. 4i41. Tle Secretary of the iiterior is c(11argc.(,,,,,, itli tlhe sil)elvXision of l)ul)lic liiusiless i'el;itii ' to thle o, t,,..; following subjects:.1.. First. The Census; wlihe dlirected by law.,1s l. 's v. Sec(ond. The public lands, including mines.. i'.'. i..!': '... Third. The Indians. TVi.., I I. 1-. Fourth. P'ensions and bounty lands. Fiftli. Patents for inventiois. Sixth. The custody and distributionl of1 IlIblicatiols. Sevenith. Educatiton. Eighth. Governimlent Hospital for the I lsanle. Nitth. Colulmbia Asyluml for tle Peatf l 1)1and ib. COMMISSIONER OF T1IE (GENERAL LAND ()FFICE. SEC. 453. The Conmmissioier of the Geiieral La1nd (fficte sllall perfiorm, ulder the direction of the Secre-.-, ', t:.ay of the Interior, atl execuitive du(ties al)pertaiiinin g ',,,',L:., v. to the surveyinlg andl sale of the public lands of tlhe ' tTllited States, or ill anywise resl)ecting such 1)ublic lands, andll, also, suclh als irlate to l)rivate claims of lalnd, land tlhe issuing of pl)atellts for all agItets grantsl of laind under tlie authority of tile Governliment. * # $.,'*. *,., EXEMPLIFICATIONS OF PATENTS, RECORI)S, BOOKS, OR PAPERS. SEC. 461. All exemplificatiolns of patents, or papers on file or of recordl in tle Geleral Land Oflice, which may be required by parties interested, slhall be furnished by tle Commissioner upon the p)ayment by such lparties at the rate of fifteen cents per hundred words, and two dollars for col)ies of townshilp plats or diagrams, with llu add(itional sum of one dollar for tlhe Commissioner's certificate of verification with the (eneral Land Office seal; ald one of the emplloy(s of the Office shall be dlesignated by the Conmmissioner as the receiving clerk, and the amounts so received slhall, undler the direction of the Commissioner, be 1aidl inito the Treasury; but fees slhall not be demanded for such authelticated copies as may be required by the officers of any branch of the (overmmnent, nor for such unverified copies as tlie Commissioner in his discretioln mlay deem proper to furnish. (See secs. 891, 2469, and 2470.) * * * * #.* SEC. 891. Copies of any records, books, or palers in the General Land Office, authenticated by the seal and certified by the Commissioner thereof, or, when his oflice is va.can.lt, by the prillci)al clerk, shall be evidencee equally with tlie originals tlerlof. And literal exemnllificatiois 113 144 144 iirri~c TO PUMA;L' LAND1). of ally such recor(s shall be hiell(, wllhen so iltrolduced in evidellce, to be ot tile same validity as it the 1lnamlles of tlie otficers sig'ilng ailll couilitersigmilig tlie samllle lhad b leen fully iseted it l such record. (See sees. 411, '2469, adl 2470.) REG ISTERS AND) RECEIVERS. SEC. 22:34. There shall be appointed by the Presi(dent, a r,,eciv''tsrs. " ' b' y.allnd witll tile advice and consent of tile Senate, a..i.ild.is.t. t.t:sll.liShi hg register of tle land office and a receiver of pulblic monleys, for each land district established by law. Tlhe above section (2234) was amended by an act of Conlgress approved.January 27, 1898, which reads as follows: "There shall be appointed by the Presi(lent, by and with the advice and consent of the Senate, a register of the landi office and a receiver of lublic moneys for each lland district established by law, who shall have charge of and attend( to the sale of public andt Indian lands within t leir respective districts, as l)rovided by lawv anld otficial regulaatons, aLid receivers shall be accountable under their ofticial bolds for tlhe proceeds of such sales, andt for all fees, (comlllissions, or other moneys received by them under any provision of law or otficial regulation." ReL f r:istr SE:C. 22:35. 1ivery register and receiver shall reside...re." iv.,,,r,,,, t c at t]l l lace wlel'e thle land oflice to \wllicll he is ap) lai districts. p1ointed is directed by law to be kept. SEc. _2230. Every register and receiver slhall, before B mid of rtgistLr:r n, I " * ceiver. r enlterling oi1 the duties of his office, give bonrd' ill tle v.:u.',,. S';.,., i)penal su1 m of tell thousand dollars, witll alpproved sec.'4",, ',v.,24"' curity, for the fiitlhfl discharge of his trust. a.laries ot reister al r-.. SEC. 2237. Every register and receiver shlall be al-:': C.la,. 6is,, c..6;,. v. lowed an annual salary of five hundred dollars. ii, 4r9. 4 Apr., 181,. SEC. 2238. Registers and receivers, in additionl to reistr l,'..ifer. thleir salaries, slcall be allowed each the follohwill, fees 5,, p 1l 1. 4, 5.. I, l C, aild commlissions, namely: 3.8. 4,' 3,. 1. First. A fee of one dollar for each declaratory statement filed, and for services in acting on pl'e-emption cllaims. 2 Apr. ISIS,. 1:,.:, Second. A colllission of one per centtin onl all mno1nP 466. eys received ait each receiver's otlice.' 21 Mar. Is1,,c. 38, s.2,v. Third. A commission to be paid by the homestead 7:;,. i, I Ma, ^, 6,..1Jy applicant, at the timue of entry, of one per centuni om 75, a. a;, v. 1!2, p.:19:. 15 J 'toyt l^;, ',.' 8:' 5, v. I;, p32Y. the cash price, as fixed by law, of the land applied fobr; andl a like commission when the claim is finally established, and tile certificate therefor issued as the basis of a patent.:3 Mlr. 1873, c. i77, s. c, v. Fourth. The salie commission on lands entered under 17>1,.;"- any law to encourage tlhe growth of timber onl western prairies, as allowed when the like quantity of land is entered witl mlloney.2 *22 Mr.182, c. 19,...2,v. Fifth. For locating military bounty-land warrants 4li,'l2.4. 2lJl, lt;',. 1:',, issued since the eleventh day of February, eighteen s. 7, v. 12, p. 5M5. ' hundred and forty-seven, iand for locating agricultural college land scrip, the same commission to be paid by the holder or assigilee of each warrant or scrip, as is allowed for sales of tile public lands for cash, at the rate of one dollar alid twenty-five cents per acre. IThis clause is construed to refer only to receipts fron cash siles. It dloes not apply to fees and coummissions. (Circular.Jantlary 23, 1880.) '2The clause was superseded by act of March 13, 1874 (18 Stat., 21), which was in turn superseded by act oft Jule 14, 1878 (20 Stat., 113; Appendix No. 8), as interpreted by the decision of the First Comiptrollcr (Copp's I,and ()wner, vol. ix, p. 240). TITLE TO PUBLIC LANDS. 145 Sixth. A fee, ill (doation cases, of two( do(llars and:1,,I,.,,,,s.6,,. fifty celnts for eactli final certilicate for on(e lullndredl 1ad I'-,',.. \ v.. sixty acres of lad (; live dolla'rs for tllree tl111drei(l 1'nd:: twenty ac(res; andi(l sevenl (lolllars anlll fifty cents foi- six hunldred land forty acres. Seventh. InI the location of landls by States an1d cor-,,,.,,,, V. poratio(ns iiid(ler grants from (Congress for railroads anld 1' otler plurploses, (except for agriillltural colleges), I feef oe f ollar for each filnal loeltion of one nlllldied and(l sixty a(cres; to be paid by tlhe State or corploration maInki nlg stuch loca:tiol. Eliglhtlh. A fee of five dollalrs per diem fori sulerii-,I,,,.^,,, s. teniiding public-land s1Ies at tleir respective offices;:.'':i. {uand to ea(ch receiver, mileage in going to alid returning from depositil, the ')ublic mloneys received b)y hlim ']. N inltlh. A fee of five iolllrs for filing lnd acting uponii,, ^.,.. ealch alpplication for i)latent 1or adverse claim filed for vr17 *,*1 mineral lanls, to be pIuid 1,b tlle resl)ecti e 1arttie s. Tentlh. Registers amidl receivis ar.e llowed,.joiltly, -1,,.. 4,;t tlhe rate of fifteen cents )er lhundlled words tfor testi- 1',,':: nio)iy re(luc(ed by themn to writing for cla]imats, in establishing lpreeinption ii11l ldio iestead riglts. 1Eleventlh. A like fee as plrovilded il thle I'recediig' subdivisio() wlhen suchl writiig is (lone inl tlie lalnd,.' la,'2,' 5. 1, s.'-', 17., p. 7. office, iil establishing claimhis for miner'al lands. Twel tlh. R egisters and receivers in (alifornia, Oregon, Washlingtol, Nevadal, Colora(do, Idaho, New \Mexico, v. lt tY, f',;t '.t'; A\lizoona, IUtlit. Wyomingi, anld -I(lontanla, aire eachl eliti-. V'TJ:,',h,, di..,. tled to collect al(nd receive fifty per c(lentuml o() tle fees t l.. a1lcd commlissions provi(de(l for ill tlhe lirst. thilrd, idl(l tentil subdlivisions of this sectioni. SiEC. 22:!). Thle register for any colsolidatedt l and district, i add(lition( to tlie fees iiow:Illowed lyaw, slall f,r f..~lr csiI:t1i, ta be entitled to charge a(id receive folr Iiaki, tran scril)ts t'"t.,l,,... i:, 12. 1) l. 1311. fbr ilndividuials, or furllislling ally otherl record iiifbr- ' l mation resl)ecti,, g public lands or la(l titles ill his conisolidated land district, such ftees as aire properily authorize(l lby t le tariff existingi in tlie local cou(rts of hlis district; tand tle receiver slhall receive bis equal share of such fees, lnd it shall be his duty to aild the register in the plrep)aration of tlie transcripts, or giviing tlhe (esired record ifo irmotion. SEC. 224(). Th1e coinpensactioi of registers,ald reeiv- frc'.'i test''. reers. '\1 Mar., 186,i, c. 33, s1., ers, includ(ling sal!ary, fees, (and commissiOns, slall i. no '. 1,: ':'- '^p,'i1 ' ' (. 123, v., p, 4I. 20 MayS, (case exceed ill tlie aggregalte tl'iee thre ou tllsalll dlolla:'r a 5;,:,,,,, year eachl; a1d i( register or receiver slall receive for 0. *!:,.11-.,.1.;.;,. 1,1,, any one (lquarter or fractional (quiarter nmo(re thani a pro- I^,;:;,,N,,I, ^4.. rIta alllowanclle (oft such 11aximu11.2 p55. Ferb., 1.5c. ), 11, p. 37>S. i-i Feb., IS6;1, C.: s;s.. 1,:{ v. 19, 131.-. <S.'.:'lk1bit, I lI., 55. SEc. 2241. Whenlever tie amount of comlpensation receiv(ed at ally lan(l office exceeds the maximum llI:1lowed 1.':, rtoT.;.lil 'lrkr l)y lat\ to any register or receiver, tle excess slhll be I,. I.'''.' pai(l into the Treasury, as other public monelys. s.,. 1> ' P';1rt il brackets rcl)ealcd. Actual expenses only allowed. Act Jun 1 1, 1874 (18 St:at., 72). See notes aIt loot of the preceding page. 30733 10 14G; TITLE TO PUBLIC LANDS. Illecgal fes l: enalty. SEC. 2242. No register or receiver slhall receive any v.0, i... 14 i's,:., ' complensai tiol tout of tile 'lTeaslury litr l)pst services who 84, S.;,.1.,1)p.;l has charged or received illegal fees; llandl, on satisfitcfactory proof that either of such officers las chal!rged or received fees or otlher rewards iot authorized by law, lie slall be forthlwith removed from office. SEC. 224,3. The compensation of registers and receivComplensatin of r.i gist,.-s:ndu rercivers, ewhel to oi- 1 elrs, both fo)r salary:ltad commissions, sliall comi()ne1ce '4 Fe., 1S55,(.124,s..,,. and be calculated irom thel tiime tlhey, reslectively, 1O, p'). 6. eter on the discharge of their dtities. Dlraition of off ofe.f reg- SE(. '2241. All registers and receivers sliall be aptr.rs,'1i,. 11,,, spointed for tie term of four years, but slhall be reiov15 N, 1622, o. loS3, p. I. 3, p. 56''. able at plealsure..Mo.nt.vl ani q(I.rtly r. SEC. 2245. 1 The receivers sh1all make to the Secretary 4uly 1 3, c;.:5, s.., of the Treasury monthly returns of tlie 1moneys rep 1- ceived il their several offices,:1111 p)ay over suchI money pursuant to his instructions. And( they slhall also make to tile Coininissioner of thle General Land Office like motmlthly returns, a(,d transmit to him quarterly accounts current of tlie debits a.1d credits of their several offices with the Uinited States. o:th al,,inistered byregi, SEC. 2246. Thle register or receiver is authorized, ald 12 Je, 1,54, c. 5, v., i>t shlall be tlheir ditty, to(ad uiister aiy oath required by 3t4 law or the instructions of thle General Ljand Office, in connection with tlhe entry or purchlase of an.y tract of tle public lalds, but lie shall not charge or receive, directly or indlirectly,.any compelsation for administering such oatlh. Penalty for false infor.na- SEC. 2247. If any persoit applies to any register to Jl Tib6c. 352, s. 1, enteran iylandli whatever, and tlie register knowingly and v. 5,. 1i). falsely informs tlie persoIt so applying that thle sa:e has already been entered, and refuises to lermit the person so applying to enter the same, such register shall be liable thlerefor to the plersoi so applying, for $5 for each acre of land which tle personso o applying offered to enter, to be recovered by actiol of debt in aniy court of record having jurisdiction of the amount. * *, * * PREEMPTIONS. [Chapter four, title thirty-two, of tlie Revised St-atutes, eil)racing sections from 2257 to 2288, inclusive, was repealed by thle fourth section, act of Marchll 3, 1891 (page 221), except sections 2275, 2276, 2286, and 228S, the last being amended by thle third section of thle same act, and the first two by the act of February 28, 1891.] Lands subject to preelmp SEC. 2257. All lands belonging to tlhe l nited States, o.n J, 1862,. 1,,. I,. to which the l(linlan title has been or may hereafter be 12,). 413. extinguished, shall be subject to tlie right of' lpreemlption, under the conlditions, restrictions, and stipulations l)rovided by law. lan.Is n.t susbjct toI.r SEC. 2258. The followimg classes of lands, unless ellipti, 1841,., H.IO^. otherwise specially provided for by law, shall not be 1455' 4. subject to the rights of p)reemnlptioi, to wit: First. Lands included in any reservation by any treaty, law, or proclamation of the President, for any purpose. Second. Lands included withini the limits of ainy ini49,, Josephl v. U. S.,, N. corporated town, or selected as the site of a city or art II., 197; Turner v. A eit -c can Baptist Union, 5 McLeal,, tOWll. 344; 11. S. v. Railroad Bridge L n sf Co., 6 McLean, 51 Rus ^. Third. Iands actually settled and occupied for purBeebe, lemps., 704. poses of trade and business, and not for agriculture. TITLE 'O PUBLIC LANDS. 147 Fourth. lands oil which are sitllate(d aIly knlown salilles or mines. SEC. 2259. Every p)ersoll, being the head of a fiamily,,rs.s..ntitle. t, preellpor widow, or single person, over the age of twetiit-one sit.,.4...i, years, anld a citizen of the Ullited States, or having ',,' itzra,1 ye-, U. S.. Fitzgerald, 15 Pet., filed a declaration o)f intention to becomle suchl, as,".,:; C Ainria.'n,, v. Ashley, 14 How., B77; Barreqnired by the naturlalizatioli laws, who ]las made, or...ar.s'.. l-,ir' r. Asl^:. iere1after makes, a settleiment il pelson on( tlue utblic r l..t4r, *, ark-.llands stliject to preeplltionl, and ]who iillabits 11and irm- r':r'ril', I.'l.",2 prioves tile sanle, nd whl o hlas erected or shall erect a Wall., 21. dwelling tlereon, is authorized to ellter w-ith the register of tle land oflice for the district ii whlich suchl land lies, by legal subdivisions, ally lnumber {f acres not exceedling (one hundred and sixty, or a quarter section of laild, to include tlhe residlence of such claimant, up)Onl pay'ing to tlue Unitedl States tle ininiuillnu price of such land. SEC..22t60. Tile following clasess.' pelrsons, unless p,rsnot nit ntitlet, pr.. otlerwise slpecially provided for by law, shall not ^..., s. lO...acquire any righlt of preemption iunder the provisiols of, p') 4'." thle preceding sections, to wit: First. No person wlio is the proprietor of three hundred and twenty acres of land in any State or Territory. Second. N/o lpersonm wlo quits or:abandons his residence on his own land( to reside (on the Iublic land in thle samle State or Territory. SEC. 2261. No 1persot shlall be entitled to more thani om1e prleemlnitive right by virtue of the provisions of sec-,i g,. Il 4 1ept., 1. 1i, s. IO. v. tion twenty-two hu u(1ndre(d and lifty-nine; nor where a s..,..., '4M. party lhas tiled hlis declaration of intentionl to claimll the s.'4'* v. ' ",2". benetfits of such provisiouns, for one tract of' land, shall he tile, at any future timlie, a seconld declaration for another tract. SEC. 22(;2. Before aIny 1)person claiming thle benetit of,,at,f pree..ptionist; this chapter is allowed to enter lands, he shall mnakeoath 'Se"pt I;. >,a; I,.,v. before thle receiver or register1 of thle land district iI1 5I, I 41,5 wlhich the land is situate(l that lie hlas never had tle benefit of any right of 1)reeimption under section twelty-two) liundired and fifty-nie; that lie is not thle owneir of three hlundred andl twenity acres of land in any State or Territory; that lie has no(t settled l)pon anlt imp)roved such land to sell the samel onl speculation, but ill good fiaith to appropriate it to llis (owi exclusive use; alnd tllat lie lhas not, directly or indirectly, mlade any agreemllent or contract, inl any way or manner, withl any person whatever, by which the title whlich le might acquire from tlhe Government of the lJYiited States should inure in whole or il p)art to the benefit of anly pl)esol excepl)t himself; and it any person taking such oath swears falsely in tlhe priemises, lie shall forfeit the money which he may lhave paid for such la d, and all right and(l title to the same; and any griiant or conveyance which lie nmay have made, except in tlhe hands of bona lide puurelhasers, for a valuable consideration, shall be null and void, except as p)rovided inl section twenty-two hundred and eightyeiglht. Aind it shall be tlhe duty of thle officer administering such oath to tile a certificate tlhereof inl the public land office of such district, and to transmit a dullicate copy to thle General Land Office, either of which slhall be good and sufficient evidence that such oath was administered according to law. 1 Amended by act of.lune 9, 1880 (21 Stat., 169); Appendix No. 19, page 178, and by act of May 26, 18,90, ptage 213. 148 TITLE TO PUBLIC LANDS. SEC. 2263. Prior to any entries being made under Proof of Rettlement; assigninent of pre-enption and by virtue of the provisions of section twenlty-two rights. rd4sept.,s141,c. 6,s. 1,v. lhundred and fifty-nine, proof of the settlement and 5, E. 456. 'yt le. Arkansas, 9 Ho\., improvement thereby required shall be made to the 333, Cunningham v. Ashley, n o * 14 low., 377, Barnar.Alrd',.s satisfaction of the register and receiver of tle land v. Ashley's Hleirs, 1 ow., rlS i. 44; Garlanld. Wynn, ''w, district in which such lands lie, agreeably to such rules tos., 6; Lytle v'. ArkanS., 2 oHow,, 193; IHa rkness. as may be prescribed by tle Secretary of the Interior; Underhill I 131. 325, L n, se. ' wse,., ' 5B, and all assignments and transfers of the right hereby Myers r.croft, 13.,W. 2.1. secured, prior to the issuing of the patent, shall be null and void. statementll to be ilel b,, SEC. 2264. When any person settles or improves a httler owthans eubect to tract of land subject at the time of settlemelt to pri private en.try. 4 Sept., 181,c. 16,s. 15, v. vate etry, and intends to purchase the same under 5 p 457 the preceding provisions of this chapter, he shall, within thirty days after the date of such settlement, file with the register of the proper district a written statement, describing the land settled upon, and declaring his intention to claim the sanme under the preemption laws; and he shall, moreover, within twelve months after the date of such settlement, make the proof, affidavit, and payment hereinbefore required. If he fails to file sucl written statement, or to make such affidavit, proof, and payment within the several periods nlamed above, the tract of land so settled and improved shall be subject to the entry of any other purchaser.' Claim filed by settler oj SEC. 2265. Every claimant under the preemption law laoI.. ot prt.i. ned r. 5ol. for land not yet proclailmed for sale is required to make 3 1ar., ]843, c. 86, s. 5, v. 5'.;h;n,.' Tawsyev, 13 knowni his claim, in writing, to the registerof the proper Wal72. land office within three months from the tilme of tlie settlement, giving the designation of the tract and the time of settlemelnt; otherwise his claim shall be forfeited and the tract awarded to the next settler, in the order of time, on tlhe same tract of land, who has given such noticeand otherwise colmlplied with the conditiols of thie law. Declaratory stateinent o SEC. 2266. In regard to settlements which are authorsettlers oi unsurveye1 land, swhenltle,.l. ized upon unsurveyed lands. the preemption claimant 1,, 41862). '*s ' * vshall be in all cases required to file his declaratory statement within three months from the date of the receipt at the district land office of the approved plat of the township embracing such p)reemrption settlement.' Preemption claimants, SEC. 2267. All claimants of preemption rights under timenft. aking proof a11 the two preceding sections sliall, when no shorter time v4 Jul., 1870,. a272',. I, is prescribed by law, make the proper proof and payv. 16, p. 279. 3 Mhar., 1871, Re8. 56, v. 16, p. 601. ment for the land claimed within thirty months after the date prescribed therein, respectively, for filing their declaratory notices has expired. SEC. 2268. Where a pre emptor has taken the initiattain ases to ps in mi.i- tory steps required by law in regard to actual settletary,firs, anivD service. 1Mar, 1"64,'c. 38, s.., v. ment, and is called away from such settlement by being 13, I) '5. engaged in the military or naval service of the United States, and by reason of such absence is unable to appear at the district land office to make before the register or receiver the affidavit, proof, and payment, respectively, required by the preceding provisions of this chapter, the time for filing such affidavit and malking final proof and entry or location shall be extended six months after tlhe expiration of ' In regard to cases thereafter arising under sections 2264, 2265, and 2266, thle act of May 18, 1898 (30 Stat., 418), abolished the distinction between offered and uinoffered lands, and enacted that the land in question in such cases shall be treated as unoffered. TITLE TO PUBLIC LANDS. 149 his term of service, upon satisfacltory proof by affidavit, or the testimony of witnesses, that such pre-emptor is so in the service, being filed with the register of the land office for the district in which his settlement is made. SEJ. 2269. Wlere,a party entitled to claim the benefits of tlhe preemption laws dies before consummating In,,'m;,,',;"' t'ompt"te Ilis claim, by filing in due time all the papers essential '"t Mar.,,.43,c.;,s.,,. to the establishment of the same, it shall be competent 5, ) 62(). for tle executor or ladminiistrator of the estate of such party, or one of his heirs, to file the necessary papers to complete the same; but the entry in such cases shall be made in favor of tle heirs of the deceased pre-emptor, and a patent thereon shall cause the title to inure to sucl heirs, as if their names had been specially mentioned. SEC. 2270. Whenever the vacancy of the office either Non-compliance wbit, las of register or receiver, or of both, renders it impossible causedly vac ilby o tie c of register or receiver not t, for the claimant to comply witll any requisition of the 3Mffc.t, 8c. 5,.6,. lpreemption laws within the appointed time, such va- 5, P- 620 cancy shall not operate to tile detriment of the party claiming, in respect to any matter essential to the establishment of his claim; but such requisition must be complied with within the same period after thle disability is removed as would have been allowed had such disability not existed. SEC. 2'271. The provisions of this chapl)ter shall be so construed as not to confer on anyone a right of pre- soi b rt ot.onfirmed b.l emption, l)y reason of a settlement made onl a tract o,~4.,. ffi~ce.l), l.4,o,,.5, thleretofore disposed of, when sucll disposal has not p"'.5' been confirmed by the Genleral Land Office, on account of any alleged defect therein. SEC. 2272. Nothing in the provisions of this chapter shall be construed to preclude any person, who may fter eiratinf reemp have filed a notice of inltention to claim any tract of. ar., 183,, s.9, land by preemption, from tlIe right allowed by law to ' '' 61 -ot hers to purclhase suclh tract by private entry after the expiration of the right of preemption. SEC. 2273. When two or more persons settle on the same tract of land, tlhe right of preemption shall be in tier rights of nappeals t him who made the first settlemenlt, provided such person 'Sep 184, c. i s. 11, v. conforms to thle other provision of the law; and all 1,54, s..I'lv..., '1. n t o,,d r Ashley, IS questions as to tle right of preemption arising between 1l0,., 4I; Garlan vt. W^.n, '20 How., 6, Lindsey o. different settlers slhall be determined by the register and 'Ha.a'S, s.^ 54tMinne; receiverof the (listrictwithin which the land is situated;,4,.l;,. Tas,,ley, h1: and appeals from the decision of district officers, in Wll.,7. cases of contest for the right of preemption, shall be made to tlie Commissioner of the General Land Office, whose decision shall be finlal, unless appeal therefrom be taken to the Secretary of Interior. SEC. 2'274. When settlements have been made upon Settlents f agricultural public lands of thle United States prior to pero o sae sbiisi tlhe survey thereof, and it has been or shall be ascer- e.^ Mar., 73S,. s28,. 1 tailed alter the public surveys have been extended v 17,. 609. over such lands, that two or more settlers have improvements upon the same legal subdivision, it shall be lawful for such settlers to make joint entry of their lands at the local land office, or for either of said settlers to enter into contract with his co-settlers to convey to them their portion of said land after a patent is issued to him, and, after making such contract, to file a declaratory statement in his own name, and.)rove up and pay for said land, and proof of joint occupation by himself and 150 1TIT'L T1O PI'U IC LANDS. others, and of such contract w\ith thei imade, sIhall Oe equivalent to proof of sole occupation 1an1( pre-eml)tioll by the ap)licalllt: P'rorided, That in no case shall the amnount patented unl(er this sectioi exceed one hundred and sixty acres, nor sliall this section apply to laInds not subject to homestead or pre-emption entry. SEC. 2275. Where settlements, witl:a view to preSettlements before sillrv.,v on se tion 16ora,tt, i.ell- elptionl llLve been mllade before tile survey of tile cies thereof. 26Feb., 185,. 5, v.,1, lands in the field, whlich are found to 1iave been lmalde. 385- on sections sixteen or tliirty-six, those sections shall be subject to the preemption claim of such settler; andl if they, or eitler of them, have been or shall be reserved or p)ledgcd for the use of scliools or colleges in the State or Territory in wlichl tlhe lands lie, other la1nls of like quantity are al)prol)riated in lieu of such as may be patented by preemptors; a(nd other lands are also lapprolriated to colml)ensate deliciencies for scliool l)urposes, wlhere sections sixteen or thirty-six are fractional in quantity, or wllere one or both are watntilg by reason of the township being fractional, or friom any:atural cause wlhaVtever. [Section 2275 was amncded by act of February 28, 1891, 26 Stat., p. 796, to read as follows, viz: SEC. 2275). Where settlements, with a view to pro emnption or ]lhomestead, have been or shall hereafter be nmad(e bl(for(! the siirvey of t1h lands in the liold, which arie found to have been ma11de on sections sixt(een or thirty-six, tllos( sections shall be si,ject to the claims of such settlers; alN1 it suc11 s ections, 1o eitler of themI, have b)een or shall 1be granted, reserved, or tllcdgec for lie 11ous Of schools or colleges in thle State or Territory in whlich they lie, othler lan1ds of Celq1al acreageo are her1eby appropriated and granted, and may be selected[ by said State or Territory, in lieu of sch as may be thus ta.ken by preemption or Ihomieste:ad settlers. And otlher lands of equal acreage are also herleby alpproi)riited andl granted, and may be selecte(d by s:aid State or Territory, where sections sixteen or thirty-six arie minerall land, or:Ire included within any Indian, military, or otlier reserva'Ition, or are otherwise( (lislosed of by tlie Uniited States: I'rovided, \Where aniy State is entitled to said sections sixteen and thirty-six, or where said sections are reserved to any Territory, notwithstanding the sanme nimy bIo iiniieral land or embra;ced witllin a nilitary, Indiall, or other reservation, the selection of such lands in lieut thereof 1,'b said State or 'erritory shall be a waiver of its right to said sect ions. And other lands of eqlial acreage are also hereby appropriated and granted, and may leo selectte( by said State or 'lerritory, to compenisate deficielcies for sc(hool plrposes where sections sixteen or thirty-six alre fractional in lqua:ntity, or where one or bIoth are wlanting by reason of tlhe township being fractional, or fron any natuiIal canse whatever. And1 it slhall 1be tle duty of the Secretary of tlie Interior, without awaniting the extension of tlhe pullic surveys, to ascertain and determine, by plrotractioln or otherwise, tlio nuimler of townslhips that will be included within such Indian, military, or other reservations, and thereupon the State or Territory shall bl entitled to select inl(detity lands to the extent of two sections for ealh of said townships ill lieu of sections sixteen alnd thiirty-six therein; but such selections may not 1be 1nmde withini tleo bounda(ries of said reservations: Provided, howverc, 'That nothinrg hercin contailned shall prevent:uay State- or Territory from awaiting the extinguishlment of any s11(c1 miilit:llr, Indian, or otlier reservation aind tlhe restoration of the lands tlerein ecllbrlace( to tle publ)lic domain and then taliing tleo sc(-tios sixteen andl tlhirty-six in plac( therein; )but nothing in this proviso shall be construed as conlferring any right not niow (existing.] SEC. 2276. The la(nds appropriated by the preceding i,,.lc',*of Shool ls. l.f section slall be selected, withinl the slame laud district, 26 Feb., 1859, cO.O5-, v. Il, p. 38. MS, 1X92, c..., in accordance with tlhe following prilciples of a(ljusts. 1, V. 4I)17. ment, to wit: For eacl towinsilp) or fraictional townslip containing a greater quantity of land tlhan three-quarters of an entire township, one section; for a firactional township containing a greater quantity of land tllhai one-half, and niot more tllan three-quarters, of a township, three quarters of a sectionl; for a fractioonal townsllip coIltaining a greater quantity of land than one-quarter, and not iore thlan one-half, of a township, one-half section; and for a fractional townshipl containing a greater quantity of land tlian one entire section, alld not more than one-quarter, of a townslip, one-quarter section of land. TITII,I TO PUBLIC LANDS. 151 [Section 2276 was amnellted by act of February 28, 1891,26 Stat., 7!), to read as Iollows, viz: SEC. 227;. Tha:t the lalnds appropriated by the preceding section shall be selected l'ronl any u111nlapropriate(l, surveyed p)ublic lands, not mineral in character, within tlhe State or l'erritory where such losses or deficiencies of school sections occur; and where the selectiolis are to compelns)lte for (leficielicies of school lands in fractionai townslllips, sIl.uch selections sliall be matdei ill accorl.ance with tihe following principles of' aldj lstilni t, to iFo e:ac( to wnsi: or fractiolll township containing a: greatet Illailtity of land l tlian thlree-(larters of an entire township, one section; for a fractionlll torlwnshlilp con(taliling a greater lquantity of laInl tlhal onel-half, an1 not Ilore tihan three-ql t:rters of a townslhip, three-quarters of a section; for:a f'actional to.wnshilp conltalillil ' greater quanl:tity of landl tl n o le-(quarter,, alld 1 lt more thanl oneha:lf of:a township, one-half section; iand br a fractional township containing a greater lquantity of land than one entire section, and not more than one-quiarter of a to\wnship, oie-quarter sec(tion of land: I', roridcd, That the States or Territories wlich:Icr, or shall l enlltitled to both thle sixteenth and thirty-sixth sections iil place, s1lll:l ha v tlie righ t to s(elect (lonubl tlle aitounts namel( to comnpensate for ldeiciencies of school land in fr:tctional townships.]. SEC:(. 2277. All warrants for mIilit'ay l)ounty lantds, 'li"'" r..n...'' waSrwhich are issueld Iud(er any law of tile Lnite(l St:ites, '''.",^., ",...,. 1 v shlall 1)e received ill payimenlt o01 pi'ee'iption rigllts at "' tile rate of ole dollr al(n twenty flive cents pecr:acre, for tile qualtity of ladft tlerein specified(; but wlwire the.lla 1 is rated at one (lollar:adl twenty-five cents per acre, adl (loes not exceel tlhe area specified ill tle warrt.ant, it must be talren in fall satisfhcetion thereof. SEC. 2'27'8. Agricuiltural-college scrip, issuedl to lany i,. ts i2 Agricuiltural-college scrip State ui(lert the act applroveId,lJly secon(d, eilghteenl r.<'.ivaill-o I palymente of prehud1 re(I ad1 sixty-two, or acts a '(latory tereof, sliall - 't jll i,,. VIs, c.:,,,16,, I)e received froml actuall settlers in l)ayt;enllt of ltpreemi-ltiol claillls ill the samle mannle' and to tlhe samne extent ais authorized ill ca'se of' military bounty-land warrants by tlhe prece(ling section. SEl. 2279. No person shlall hatve tlie rilght of' pre-,re....ptlo lilit along ellltioll to illore tlalt one lui(dred ad 1 sixty acrets along ':'iar. ',,l;,,. 14:,,. 0,, tile line of railroals within tile limlits granted ly anlly.44. act of C(01ongress. SEC. 2280. Any settler on landls lheretofore reserved Premnption righti oni land oil;acconmt of clainms muder Flrenlchl, _1)Spaisl, or otiler...rerd for gra.nt founl ingra;l ts w\lich li ave been or imay be lhe fte (lreater ela 'lar., i:, c-. 1:. I4:,,o, by tlie Suplreme Ciourt of tlte United States to Ie inl. '24. valid(, sliall be entitled to all tile rilghts of lpreemption granted by the pre'cedinlg provisions of tils chiapter, lafter tlie;laldls lhave bleen released frol resertvatioi, itl tile satlme mallner las if lio reservationll 11 existed. SE1C. 2281. A11 settlers on ltllublic laids which lhave lPreemption righlts on lands been or ma:'y bne i wiilr'aw ftroll llarll;et il cosell(suellc e r,.rSrsl for railro.as. 27 Mar., 154, c. '.5, v. 10, of proposed railroa(ds, and( woll hltad settle(l tlhereon p)rior p,.:i;(i., Jlo, 11a'0, c. 2:72, to suchll witllhdrawal, sliall,e entitled to preeiln)tioll. 2, vl-.I l, at tlhe or(linary minimillul to tie laie(ds settled oni alnd cultivated by them; but they sliall file the proper notices of their claims alid make proof an(d payment as ill otlier cases. SECt. 2282. Nthling coiltaiiedl in this chalpter sliall S..l of land not to be delelay tihe sale of' an y of t lie ul)bllic lals Ieyonl( thle time 1.1,',',.. <;,s. 1, ~ 4 Sopt., 184 1, v. I;i, a. 14, v, appl)oite(l by tlie p)roclamitation of tile ['residlent. i-, 1,.4.57. SieC. 228g3. The ()salge lndiami trust anid (ldiniltishle(l- Cert.ain landl in Kansas reserve lais in the State o Kanlsas, exceptiing tile six- h ^(ao 1Ss2e c. l9. 1. 9 May, 1872, c. 149, s. 1, v. teelth anllt 1 thirty-sixtlh sectiots in eacll township, shall 17,.'1 0. be subject to (lisposal, for cashl only, to actual settlers, in quantities not exceediiig one hund(lred( and sixty acres, or one-quarter section to each, in copl)aclt form, ill t ccor(ldance witilh the general principles of the preeml)tion laws, under the direction of tile Commissioner of the General 152 TITIE TO PUILIC LANDS. Land Office; but claim!ants shall tile theiir decla;ratory statements as prescribed in other cases upon1 unolleored lands, and sliall pay for the tracts, resl)ectively, settled upon within one year froml date of settlement where the plat of survey is on file at that date, and withil one year from the filing of the township plat in the district office where such plat is not on file at date of settlement. SEC. S. 28 The sale or transfer of his claim upon any prior to, etc.,.s.bsele. portion of these lands by any settler prior to the twentyright of entryv. s d o lays, li, c. 149., sixth day of April, eighteen lundrled and seventy-one, 17, p 90. shall not op)erate to p)reclude the right of entry, nlder the provisions of the preceding section, upon another tract settled ulpon subsequent to such sale or transfer; but satisfactory proot of good faith must be furnished upon such sulsequent settlement. SEC. 2285. Tlle restrictions of the preemption laws, P'reemptioes restrict ions not to apply to certain contained in sections twenty-two hundred andl sixty and I9 Ml, 1,,2, c,. 11, s.:,.twenty-two hundred and sixty one, sliall not apply to 17, '' 91) any settler on the Osage Iindian trust anid diminishedreserve lands in the State of Kanisas, who was actually residing on his claim on the ninth day of May, eighteen hundred a(nd seventy-two. Preemption I,...tile.,' SEC. 228f. There shall be granted to the several counfor seals of jos.iceo 26 May, 18jt4, c. 9,. ties or p)arishes of each State and Territory, where v. 4,. 50. tlere are public lands, at tile minimum price for which public lands of the United States a<re sold, the right of preemption to one quarter-section of land, in eacli of tlhe counties or parishes, in trust for such counties or parishes, respectively, for the establishment of seats of justice therein; but tlhe l)roceeds of the sale of each such quarter-section sliall be appropriated for tlhe purpose of erecting public buildings in the county or parishl for wlhich it is located, after deducting therefi'om the lamount originally paid for the same. And( the seat of justice for such counties or parishles, resplectively, sllall be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located. Whlre cai:.nrlt of.ltry SEC. 2287. Any bona fide settler under thle lomestelad becomes register,r r.cci*i e20Apr.,ti7tc.'2,s, ti, or preemp)tion laws of the United States who has tiled 17, p.l,. the proper application to enter not to exceed one quarter-section of tlhe public lands in any district laInd office, and who has been subsequently appointed a register or receiver, may perfect the title to the land under tle preemption laws by furnishing tlhe proofs and making the payments required by law to the satisfaction of the Commissioner of the General Land Office. Right of transfer of..ettlers SEC. 2288. Aly person who 11as already settled or ties tans for certain -,,settle tion laws for certain public' hereafter may settle on tll public lands, eitller by l)re Act of 3 Mar., 1873, c. 26;-, emption or by virtue of tlie liomestead law or any v. 17, I. 602. amendments thereto, shall have the right to transfer, by warranty against hlis ownl acts, any portion of his preemption or honmestead for church, (cemetcry, or schlool pulrposes, and for the right of way of railroad across such preemption or homestead, and tl e trat. l;fer for such public plurposes sliall inl no way vitiate tlhe riglt to complete and perfct the title to their preemptionls or homesteads. [Sectioii 3 of tlle act of MIarchl 3, 1891, page 223, enacts tillt section twenty-two hundred alnd eighlty-eight of the Revised Statutes be amended so as to read as follows: SEc. 2288. Any bona.I, ide settler undelr the preemption, 'hometsteald, or other settlement law shall have the right to transfer, by warr:anty against his own acts, any portion ot his clailn for church, cemetery, or schlool )lpurposes, for o tlle right of wsay of railroads, canals, reservoirs, or ditches for irriga:tion or drainage across it; and the transfer for such pullic purposes shall in no way vitiate the right to complete and perfect the title to his claim.] TITLE TO PUBI,C LANDS. 153 II I IETI.;AI)S. SEc. 22 9. Every personl who is tle head of a falnily, Who may enter certain un. o who as arrl'l'ived at the aige of twenty-one years, and lerl^,,cat,S.bl,V. 2'2! May, ta,;2, c. 75, s V. is a citizenl of tile United States, or who has tiled his 12, p.:l(eclatratioIl of ilteltion to become such, as re(quired by the naturalizatiol laws, shall be eiititled to enter one quarter-section or a less qualtity of ulllapproplriated publlllic lands, upo111 which suclh person may ihave filed a1 pre-emilption clain, or which may, at the time tile apl)licatioll is mliade, be slub.ject to lpreemlltioll at one dollar an1d twenty-live cents per aIcre; or eighty acres or less of such unapplrolpriated lan(ls at two dollars and fifty cents per acre, to be located in a body, il confirmity to tlle legal subdivisions of tle lpublic laInds, and after the same have been surveye(. And every person ownilg and residing on land miay, under the provisiols of tills sectioi, enter other land lying contiguous to his land, wliichl sliall not, witli the 1;ll(l so already owned and occupied, exceed in thle aggregate one hundred and sixty acres. SEC(. 2)290. Thle perlson apl)lying for tile benefit of the Mo,, f prtier,. preceding section sliall, Up)O1 app)liication to t te register '-t eJn. 'K..1...,,,'. of tlie land(-oflice in which heisabout to makesuchI entry, c' 2, ';,. 12',.'. I2 mlake afflidavit before tlhe register or receiver that lie is ''"tle hleadl of a fllmily, or is twenty-ole years or more of age, or has periormied service in tlhe Army or Navy of tile United States, and that suchl a.plplicationl is made for his exclusive use and benefit, and that his eitr y is madle for tlie lurl)ose of actual settlement and cultivation, and not either dlirectly or indirectly for the use or benefit of any other person; anld u1pon1 filisng such affidavit with tile register or receiver, on j)yllmlelt of' live dollars wlien thle entry is of not more thalli eighty acres, and oln paymnellt of ten dollars w-hen tie entry is for more thanl eilghty acres, lie shall thereupon be permitted to enter tie.amount of land specified. Section 5 of the act of March 3, 1891, plage 223, eiacts, That sections twenty-two hundred and eighty-inine and twenty-two hlundred and( ninety, in said chapter numbered 5 of the Revised Statutes, be, and the same are hereby, amen(led, so thatt they slhall read as follows: Si:c. '2289. Every- p1erson who is the head of a famiily, or whio has arrived at the age oft tw\ent-ole y-ears,:lnid is a c(itizeil of the United States, or wlio has filed his declaratioll of intenttion to become such, as required by the naturalization laws, shall be entitled to eint'lr one (quarter-section, or a less lqanltity, of unappropriated pulllic lallis, to ble located iin a iody in (onformlity to the legal subdivisions of the pullic lails; but n1o person who is the prolrietor of more11 thaln (ome hundred and sixty acres of land in:any State or Territory shall a(lllire any right lunder the homestead law. And( every lerson t 1 wning anLd resilding o11: land may, nlder the provisiolls of this section, enter other land lying contiguous to his land, which s1hall not, with the, l1ad so already owned anda occupied, exceed in the aggregate one hundred ad1 sixty acres. S$,c. 22!0). That any person applying to enter land unnder the preceding seztion s11:11 lirst nllake and subscrile iefore thle l)roper oolicer and file in tile prope r land fllico anr aflidavit t:lt tli h or s11e is tlhe head of a famlily, or is over twenty-one years of age, and that s1cl iappl)1icatiol is lhonestly:Land in good faith mlade for tle purplose of actuall settlement and cultivation, and not for thie lenefit of any other person, persOlns, (' corporation, a.nd that lie or she \will faithfullly and honestly endeavor to comllply with all tlle reqluiremenlts of law as to settlement, residence, and cultivation necessary to acquire title to tleo land applied for; that ho or she is not acting as agent of Iany person, corporation, or syndicate ill making such entry, nor in collusion with ally perso0l, corplration, or syindicate to give them the benefit of the land enteredl, or anly part thereof, or tlie timber thereon; that het or she does not apply to enter the samle for' he epurpose of speculation, but in good fliith to obtain a home for llimself, or herself', land that leo or slhe has llot d(irectly or indirectly made, and will not Inlake, any agrleemlent or contract ill:ay way:l or anner', with any person or persons, corporationl, or syndli(atet wl;atsoe\ver, by lwhichl tlte title lwhicil he or she might aclquire from the Government of the liiiitedl States slould inure, in whole or in part, 154 TITLE T'O PtUBLIC LANIS. to the )enefit of any person, ex(ept himllfll, or herself, and 1111pon iling sh a:ffi(lld it with the register or receiver on pl)tyltllet of live dollars, when the entry is of not Imore than eighty acres, and oln paynient of teo dolllars when tle enltlry is lir more than eighty acres, he or she shall therertpon be permitted to enter the anlount of land specified. Certiticate and patelt; SEC. 2291. No certificate, however, shall be givel, or 2w Jutne i;, c, psat.. patent issued therefor, until the exl)iration of five years 91 June, 1S66, c, 127, s. 9, v.14, '. t. fromt the date of such entry; ad11 if at the expiration of such time, or at any tiime withi two years tlereafter, the p)erson makilg sucll entry; or if lie )e dead, his widow; or iI c:ase of ler death, his heirs or devisee; or ill case of a widow making such entry, her heirs or (devisee, in case of ler death, proves by two credible witnesses that he, she, or they have resided UIl)o or cultivated the salme for the termi of five years immediately succeeding tle time of filing tlhe affidavit, anl maakes affidavit that no part of such land has b1eeii alielated, except as provided in section twenty-two hundred and1 eighty-eighlt, and that he, she, or they, will bear true all giiaiine to the Govermiienit of tlhe United States; then, il such case, lhe, she, or they, i: -t ttlat titme citizens of the United States, slhall be enititled to a -ateit, as in other cases provided by law. when rights in.re to the SEC. 2292. In case of the death of both father and bl Juneit, f, ts. mother, leaving an infant child or children under v. 14, 1. ';7. twenty-one years of age, the righlt and fee shall inure to the benefit of such intfant child or chlildren; and tlhe executor, administrator, or guardian may, at aiy time within two years after the deatli of tlhe surviving l)areit, and( in accordance witlh tle laws of tihe State in which such children, for tlhe time being, have tlheir domicile, sell the land for the benefit of such infants, but for no other purpose; t1and the purchaser slhall acquire the absolute title by the l)urchase, an(l lbe entitled to a patent fromi the Unlited States on() tlie paymenlt of the office fees and sum of money above sp)eified. SEC. 229:3. In case of ai v person desirous of availing Persons in military or naval *,,. ~, ser..e, when.i., before whom,, l..iself ot tlie lbenefits of tllhs cliapIter t ho,, y reato mak,:tiffidavit..,'21 A, Sc..:, s. 4, son or actual service itn the military or naval service of V.1p.:". thie IUnited States, is unable to do tlhe lersomnal preliminary acts at the district land office wlhich the preceding sections require; and whose family, or some member thereof; is residing on the land whlicli lie desires to enter, and upon which a bolla fide improvement and settlement have been made, such personr may make tlie affidavit required by law before tlIe officer commanding in the blranch of the service in which the party is engaged, which affidavit shall be as binding in law, atnd withl like penalties, as if taken betfore tlie register or receiver; and upon such affidavit being filed wit]l tlhe register by tlhe wife or other representative of the party, the satme sliall l)ecoime effective from the date of such fili}ng, provided tlIe a)pplication and affidavit are accompanied by the fee amid comnmissions as relquired by law. When person. may...k, SEC. 2294. It aily case in whlichl the applicaint for the af!ttar. 1864, c. 3terk., benefit of the homestead, and whlose family, or some v. 13r, 1 8 35. imeniber thereof, is residing onl thle land which lie desires to enter, and upon which a bona fide improvement and settlement have been made, is prevented, by reason of distance, bodily infirmnity, or other good cause, from personal attendance at tlIe 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 ill wlhich the applicant is ant actual resident, and to transmit the same, withl the fee and coiimiissions, to tlhe register an d receiver.' 'Amended by tle( act (of M1iy 24;, 18s), page 213. TITLE TO PUBLIC LANDS. 155 SEC. 2295. The register of the land office shall note all applications ulder the provisions of this chapter on Recr, of 8ppl ic.ations3,v. '20 Mao, 1962, c. 75, s.3, r. the tract-books and plats of his office, and keep a reg- 1' 39 -ister of all such entries, and lmake return thereot to the General Land Office, together with the proof upon which they have been founded. SEC. 2296. No lands acquired under the provisions lolneeal lands not to be of this chapter shall in any event become liable to the shject toiordebt.s. V(.Mavy, I8 62, c. 75, s. 4, v. satisfaction of any debt contracted prior to the issuing i2, 1,.: 3' of the patent therefor. SEC. 2297. If, at any time after the filing of the affi- n entred for davit, as required in section twenty-two hundred and hom.estead revert to Governninety, and before the expiration of the five years men- m2'l.a, 62,,c. 5, s. 5, v. tioned in section twenty-two hundred and ninety-one, 12 p "0' it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed 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: [Provided, That where there may be chlimatic reasons the Commissioner of thle General Land Office may, in his discretion, allow the settler twelve months from the date of filing in which to coimmnence his residence on said land under such rules and regulations as he may prescribe.] I SEC. 2298. No person shall be permitted to acquire imitation of amount entitle to more than one quarter-section under the pro- tr.e.l for h.ornetead. 20 May, 1862, c. 75, s. 6, v. visions of this chapter. 12, p. s93. SEC. 2299. Nothing contained in this chapter shall be Existing pree..ption rights so construed as to impair or interfere in any manner nti, i:.r" 26-,,.5,n.6,, with existing preemption rights; and all persons who 1'2 - 3';i3 may leave filed their applications for a preemption right prior to the twentieth day of May, eighteen hundred and sixty-two, shall be entitled to all the privileges of this chapter. SEC. 2300. No person who ]as served, or may here- hat minors mahave the after serve, for a period not less than fourteen days in privile.es of this chapter. tlhe Army or Navy of the United States, either regu- 2, p.-393 lar or volunteer, under the laws thereof, during thle existence of an 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. SEC. 2301. Nothing in this chapter shall be so construed as to prevent any person who has availed him- tioll of fie ars, rights of self of the benefits of section twenty-two hundred and a2,Mi:.,-. 7s..sv. eighty-nine from paying the minimum price for the 12tp'393. quantity of land so entered, at any time before the expiration of the five years, and obtaining a l)atent therefor from the Government, as in othler cases directed by law, on making proof of settlement and cultivation as provided by law, granting preemption rights.2 [Section 6 of the act of March 3, 1891, page 223, enacts that section twenty-three hundred and one of the Revised Statutes be amended so as to read as follows: "SeiC. 2301. Nothing in this chapter shall be so construed as to prevent any person who shall hereafter avail himself of the benefits of section twenty-two hundred and eighty-nine from paying the minimum price for the quantity of land so entered at any time after the expiration of fourteen calendar months from the date of such entry, and obtaining a patent therefor, upon making proof of settlement and of residence The portion within brackets is an amendment, added by act of March 3, 1881 (21 Stat., 511, p. 181). 2See act of June 9, 1880 (21 Stat., 169), page 178; and act of May 26, 1890, page 213. 156 156Tl'ITE TO PUBLIC LANDS. and cultivation for such periodi of' fouirteeni mouths," and the provision of this seetion shall apply to lands on the cedled portion of the- Sioux Reservatoion by act appirovedl March neeond, ei-ghteeni liuliredlandh eight~y-nine, in, South lWaota, bit-shiall not relieve said settlers fromt any p~aymlents nowv requiredI by law.] No dinlinetion onl account SEC,. 2302. No (listinCtioll shall be made in the conof raoo or color, oet. structioii or execution of this chli1)ter onl account of race 21 Juneo 10011 e 127,.1 14, p). 67. or color; nor shall any miiieral lands be liable to entry and settlement llnder its provisions. 021 loune, 18v. I2,. 1SEC. 21303. All the public lands in the States of Alav. 1, p.67.bamna, Mississippi, Louiisiania, Arkansas, anid Florida Remled. sall be (lisposed of in no other niannier thtan according to. 3.to the termis and stipulations contaiineol in the poreceding, provisions of this chapter.1 5e1,lir'l sailors' hQ1" SEC. 2304. Every private soldier and officer who has 8 in,18~70, c. 33, q. 1,served in the Ariny of the United States during the 17, p 133.recent rebellion, for ninety (lays, l(,la wlrho was honorably discharged, and has remained loyal to the Governinent, including the troops mustered into the service of' tile Uniited States,, by virtue, of the thirdl section of an act alpproved February thiirteeitli, eighteen hnndre(I and sixty-two, and every seanman, marine, and officer who has served in tile Navy of the United states, or in the Marine Corps, (luring the rebellion, for ninety (lays,, andl who was llonoraibly discharged], and has relnailedl loyal to the G-overnment, shall, oil compliance, withl the provisions, of this chapter, as hereinafter modified, be entitled to enter upon and receive lpatelnts for a quantity of hpublic lands not excee(1 -ing one hundred and sixty acres, or one quarter section, to be taken in compact form, according to legal subdivisioi is, including the alteri ate reserved sections of puiblic land along the line of any, railroad or other lpublic work, not otherwise reserved or -appropriated, aimd other lands subject to entry under the hoinestead laws of the United States; butt such homestead settler shall be allowed six months after locating ilis homestead, and filimig his declaratory stateeneit, wvithini which to make his eiitry and commence his settlement and improvement. Dedoction of military aole SEC. 2305. The time wvhichm the homestead settler hafs nvlosriefom tirnoolet. servedl in the Army, Navy, or Marine Corps shall be v. 17, 18702,3e. 88 deducted from tile timee heretofore required to perfect title, or if disc barged oii account of woundls received or disability incurred in the line ofiduity, then the terin of enlistment shall be (leducte(I from the tine heretofore,. required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any Imomestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. ero who havo enloriod SEC. 2306. Every person entitled, under the provilosn than I100 acres, rights of. sions ofscto wet-trehude and forto enter 8 Juno, 1872, c. 338,s. 2, v. ofscintet-ureiuue or 17, p.:333. a homestead who may have heretofore emitered, under the homestead laws, a quan tity of land less thami omie humidred amid sixty acres, shall be lpermittedI to enter so much laud as, when added to the quantity previously entered, shall hot exceed one. hundred and sixty acres. Widow and minor childron SE~C. 2307. In case of the death of any person who of porsons entitlod to homne Would be entitled to a homestead under the lprovisions, 183une, 1872, o. 338, s.:1, V. of section two thousland three hundred and four, his 17, p. 333. widow, if unmarried,7 or in case of her death or marrhige, then his minor orphan children, by a guardian (luly appointed and~ officially accredited at the Department of the Iiiterior, shall be 'Repealedlby act of Juine22, 1876 (19 Stat., 73). TITLE TO PUBLIC LANDS. 157 entitled to all the benefits enumerated in this chapter, subject to all the provisions ais to settleeneit and improvement therein contained; but if such person died during his term of enlistment,, the whole term. of his enlistment shall be deducted from. the time heretofore required to lperfect the titWe. SEC_1. 2308. Where a Iparty at the date of his entry of Actual s-,v- i th,~ArtnN atract of land under the homestead laws, or subse- vy oquivalent to rs (fliemitly thereto, was actually elnlistedl and employed Ii 1nJ i n,I' ',218 4, v. the Armny or Navy of time Umiited States, his services thierein shall, iii time adlminmistration of such homestead laws, be construed to be eqiiivalreit, to all intents and purposes, to a residence for the same length of timie upon the tract so enteredA. Amid if his entry has been cainceledl by reason of his absence from. such tract whuile fii the military or naval service of the United States, aimd such tract has not been dislposed of, his entry shall be restored; but 'if such tract ha,,s been disposed of, the paity may enter another tract subject to entry undler the homnesteadl lawvs, andl his righit to a patemit tiherefor may be, determined by the proofs touching his residence and cultivation of the first tract and his absence ti erefioni in such service. SEC. 2309. Every soldier, sailor, marine, officer, orWh mvetr1%aet other persont conuing within the provisions of section!,~7,2:,s 5,v two thousand three hundred atnd four, ima-y, as well by 1 7, 33., an agrent as, inl personi, enter ulpon such homestead by filing la (leclaratory statement, ais in lpreemnltioni cases; but suich claimant in person shall within the timie lprescrilbed iuake his lacttual entry, comnmience settiements amnd improvements oii the samne, and thereafter fuilfill. all the requiremiei)~s of law. SEC. 23-10. Each of the chiefs, warriors, and heads of Chiefs, et,., if Sto)ckhri10re fiamilies of' the Stock-bridge Mutnsee, tribes of lNdialms 1Mionoov; hoiootoadrilrhtof. residimmg iii the counity of Shawa-imo, State of W~iscowmsin, 12S2 may, undler the (lirectioni of the Secreta,(ry of the Interior, enter a. home. stela( an(1e become entitled to all the beimef its of this chalpter, free fromt any fee or charge; almd any part of their lpreseit, reservation, whlich is abandoned for tha- t pumpose, may be sold, under the (lirection of the Secretary of time -Interior, aend the proceedls applied for the ben~efit of suich Indians as may settle on homesteads, to aid them inl improving the same. SEC. 2311. Thme homestead secured by virtue of the Exemptiono homoestead of p)receding section, shaill not be subject to any t ax, levy, Abidge N1<.11s 0.4, or sale; nor shall it be sold, conveyed, mortgatged, or im 0:'.1, p. '112 any nmanner encumbered], except upon time decree of thme (histrict court of thme United States,,i lprovided iii the following section: SEC..2312. Whenever -aniy of the chiefs, warriors, or Stewktrigk Mimseeoo beheads of firunilies of the tribes menetioned in section..1,., twenty-three hundred and tenl, heaving filed with the -,p.52 clerk of the district court of the United States a declaration of his imntentions to becoiie a citizen of the Ummited States, and to dissolve all relations with atny Indian tribe, two ye.ars lprevious thereto, appears inl such couirt, and proves to the satisIactioim thereof, by the testimony of two citizens, that for five years last past hie has adopted the habits of civilized litfo; thiat hie has umaintained himself and family by his own inidustry; that hie reads and speaks the English language; that lie is well disposed to become a lpeaceable and orderly citizen; aimd that hie has sufficient capacity to manage his own affairs; the court may enter a decree ahmnitting him to a.ll the rights of a citizen of the United States, amid thenceforth he shall be no longer held or treated as a member of any Indian tribe, but shall be entitled to all the rights and privileges, 158 TITLE TO PUBLIC LANDS. and be subiject to all the duties and liabilities to taxation of otler citizens of the Ulnited States. But nothing herein c)ontaiedl slhall be colnstrued to deprive such chiefs, warriors, or heads of fainilies of alnnuities to which they are or mllay be entitled. PUBLIC SALES AND PRIVATE ENTRIES. SEC. 2353. All the public lands, tlhe sale of wlhicll is authorize(d by law, slall, wllen ollered at public sale to the highest bidder, ble offered in half qluarter-sections. SEC. 2354. All the p1ulblic lands, when offered at private sale, 1mly be purchased at the option of the purchaser in enltire sections, halfsections, (quarter-sections, half quarter-sections, or (quarter quartersectios. SEC. 2355). Every person making -application at ally of tlhe lanld oflices of the United States for the purchlase at private sale of a tract of land slhall produce to the register a memorandum in writing, describing tlle tract, which he slall enter by tlhe proper number of the section, hlalfsection, quarter-section, half quarter-section, or quarter quarter-section,, as the case may be, and of the township and range, subscribing his name thereto, which mnemnoraldunl the register shall file ad(l preserve in his office. SEC. 2357. The price at which the public lands are olfered for sale shall be one dollar and twenty-five cents an acre; and at every public sale, the highlest bidder who makes l)aymlent as provided in the l)receding section shall be the purchaser; 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 law, and remain unsold at the close of such public sales, shall be subject to be sold at private sale, by entry at the land office, at one dollar and twenty-five cents an acre, to be l)aid at tlhe time of making suclh entry: Provided, That the price, to be paid for alternate reserved lands along tlhe line of railroads within the limits granted by any act of Congress shall be two dollars and fifty cents per acre. [The first section of the act of March 2, 1889 (page 187), enacts that from and after the passage of that act "no public lands of the United States, except those in the State of Missouri, shall be subject to private entry." 1 SEC. 2358. Whenever the President is authorized to cause the public lands in any land district to be offered for sale, lie may offer for sale, at first, only a part of the lands contained in such district, and at any subsequent time or times he may offer for sale in the same manner any other part, or the remainder of the land contained in thle same. SEC. 2359. The public lands which are exposed to public sale by order of the President shall be advertised for a period of not less than three nor more than six months prior to the day of sale, unless otherwise specially provided. SEC. 2360. Tlie public sales of lands shall, respectively, be kept open for two weeks, and no longer, unless otherwise specially provided by law. [Section 9 of the act of March 3, 1891, (page 224) enactsThat hereafter no public lands of thle United States, except abandoned military or other reservations, isolated and disconnected fractional tracts authorized to be sold by section twenty-four hundred and fifty-five of the Revised Statutes, and miiieral and other l.inds the sale of which at public auction has been authorized by acts of Congress of a special nature having local application, shall be sold at public sale.] TITLE TO PUBLIC LAND)S.15 159 P" AI EA Y M IEN TS. SEC. 2362. The Secretary of thle Initerior is auithor- ha, rftnd izedl uponi proof being made, to his satisfactioi, that ird amy tract of land has been erronieously -sold by the )2 's~ Fe> c.' 64 tUnitedl States, so that froin any cause the salde can iiot be confirmed, to repay to time purch-aser, or to his legal representatives or assigrnees, the sumi of mnoney which was paid tiherefor, out of any~ mnoney in the Treasury niot otherwise appropriated.' SwEC. I21363. Where any tract of land has b)eeIL errone- Refundng i (rtain ases. ously 501(1 as described iii the p)receeling section, -and 2v~wd,,n. the money which wais p~aid for the samne has 1)eeil ini- I- 1 v~ested in any stocks, held in trust, or has been p~ai(d into the Treasury to the credlit of aity trust fund, it is lawful,7 by the sale of' such portiomi of the stocks as miay be niecessary for the p1)lm)pose, or out of such truist-fuand, to repa.,y the pnrchlafse-])njely to the partie.-; eIIti tied thereto. DEPO'SITS,_' FOR SP.1ECIAL SU7rVEY.S. SEC. 2401 )] 2 Whent the settlers in anty towntship), niot mniiiertal or.reserved by Governmient, desire a survey miade o)f the samne, under the authority of the surveyor-general, and. tille, an application thei-efor iii writing, and oleposit in a proper United States depository, to thie cm-edit of the United States, a sumn sulhiienet to pay for such survey, together with all expendituires incident thereto, without cost or claimi ifor indemnnityoil the I1 mlite(d States, it ma-y be lawrful for the surveyor-general, under such instructions as niay be given hini by the 3oininissionier of the General Land Office, and1K in accordafnce with law, to survey such township and mnake return thereof to the, general and. proper local land office, p)rovidedl the towiiship so p)rop~osed to be surveyed is within the range of the regular p~rogress of the lpmmblic surveys embraced by existing standard hiues or bases for the township and subdivlisional surveys. SEC. 2402. The deposit ofimoney iii a pr~oper United States depository, under the provisions of the ])re(eeding section, shall be deemed an approlpriatioll of the sumns so deposited for the objects contemplated by that section, and the Secretary of the Treasury is authorized to cause the suins so deposited to be placed to the credit of the proper aplpropriations for the surveying service; butt any excesses iii such sumis over and above the actual costs of the surveys, comprishingall expen~ses incident thereto, for which they were severa-lly deposited, shall be repaid to the depositors respectively SEC. 2403.:1 (As amended by act of March 3, 1879.) Where settlers iiake delposits in taccordance with the provisions of section twenty-four hun(Ired and one, tihe amuount, so deposited shall go in Ipart playmnent for their lands situated in the townships, the surveying of which is Lpaid for out of such deposits; or the certificates issue(1 for such deposits may be assigned by indorsemuent, amid be received in payment for any public lands of the lUnited States entered by settlers under time pre-emption and homestead laws of the United States, and not otherwise. r1Provided, That no certificate issued for a deposit of money for the survey I'Amended by act of Juine 16, 1880 (21 Stat., 287; Appenidix No. 2 1). "Sections 2401 and 2403, amucnded by act of August 20, 1894; 28 Stzat., 423. See pages 97 and 233 of this circular. ISectionts 2401 and 2403, aminended by uat of Au guist, 20, 1894; 28 Stat., 423. Sce pages 97 and 233, of this circular. TiTLE TO PUBLITC LANDS. of lands sllall be received ill aylment for lanids except at the laIil office in whicl the l(lds surveyed tor which the (leposit was made 1are subject to enltry, a1d lnot elsewhere; but tills section shall not be hleld to imlllpir, prejudice, or affect ill aliy malli ellelr (certilic(tte,; issued or deip]csi.s and contrLats made under the provisions of said act prior to tlie lpassagte of' this act.]1 *8 -8 * * * * * MILITARY BOUNTY LAND WARRANTS. Mlitit:lr.lntv l:-lnl,ar, SEC. 2414. All warralts foir mliitLay boul lat Ilsd..l...I... ':ll ll"~ a.s..l. w hichi have been or mllly hereaLfter be issued u(nder aly (' ',:-',-;,' 1 s law of thle Ullite( States, Lnd all valid locations of the sat- ie which have been or may hereafter be nmadle, are leclared to be assignable by deedl or instrument of writing, mIade land executed aclcolrding to suchl form anmd p1ursuant to such regulations as may bhe prescribed by the (ommissioner of tle (;eieral Land Office, so as to vest the assignee with all tlhe rights of the original owner of tIle warrant or location. Warrant.s I,.ct.at. I.,,, SEC. 2415. Tlie walrrlats wliich have been or may cxs..,aill ain(cash. 2C,2' 1,I,, ( s.,I. hlereafter be issueod in pursualce of law may be located ",p.. atccording to the legal subdlivisions of tlie lpublic lan(ls in one body upon1)01 y lands of tlue lllited States slubject to )private entry at tlie time of such location at tlhe milinmum )price. Whenl such8 warrant is located oil lanids wliich:are subject to entry at a greatter milimum tlhan one dollar atnd twenty-tive cents per atcre, the locfator shall pay to the United States in cash tlIe difllrenc.e b)etween tlhe v;alue of such warrants at one dollar andll twenty-five cents per' acre and tlhe tract of land located on. Iut where such tract is rated at one (ollar and twenty-five cents per acre, and( does inot exceed tlle area specifiedl in thle warrantll it must be taken in full satisfaction thereof. *, * * * * SEC. 2437. It shall be tlhe duty of tlhe C(ommissioner of tle G(enleral Landl (Office, under such regulations as mlay be )pres(cribte(l by tile Secretary of tlhe Interior, to cause to be locatel, fiee tof exlpellse, L:any vwrranlt which the holder imay transmit to tle (;eneral landl ()fice for that purpose, in such State or lald dlistrict as tlie ihlder or waurrantee may designate, atnd upon good lfarling, lanl, so atrm as tlhe samle can be as(certailled1 from thle Iiaps, plats, alnd field notes of tlie surveyor, or from anty other ilformaitionl ill the possession of' tle locall office, and, lupoi tlhe location beinlg llade, tile Sec eta:ry shal1ll cause:a, patent to be t lransmuitted to such warrantee or holder. * * * *- * * * BOARI) OF EQUITABLE AD).IU)ICATION. Cas o(f "susper)(1.n- SEC. 2450. Tlie Commissiomer of tlhe General Land tries of p,,c, la....ds" 1... trirstl elc lad l Office is author-ized to decide upon lrincilles of eullity A'^ugiI,s. c 7,.s,,9 and justice, as recognized in courts of equity, aInd in ac-, p.. r., 853i. 'I"J', cordance witlh regulations to be settled by the Secretalry 1s56,, c. 47, v. 1., o f 22. of tile rTreasury] [ Interior (see act February 27, 1877)1, the Attorley-General, a(n tlhe Coimmissioner, conjointly, consistently with such plrinlciples, all cases of suspeinded elltries of public lands and of suspended l)lrempltionl land claims, alnd to adljumllge in wIhat (ases patents shall issue upon the same. 'The portion withlin brackets is a t amendment added by act of August 7, 1882 (22 Stat., 327; Aplpendix No. 24, p. 181). TITLE TO PUBLIC LANDS.16 161 S EC. '2451. Every such. ad judication shall be approved Adijskatimssundeiaoe by the Secretary of the Treasury and( the Attorney-Guin- 'io app~roved8 eral, -acting as a board; and shall op~erate only to divest ',51. the United States of the title of the lands embraced thereby-, without p~rejudice to the rights of conflicting cla-.iiaiiats. SEC~. 2452. Tfhe Commissioner is directed to report to Rpr ~of 5'ljldctionu. Conigress at the first session after anyt~uch adjudications de~, prcdn vcin.. have beeii made a list of the same under the classes Iprescri'bed by law, with a statement of the pi1incilples ulpoll which cad'l class wa-s determined. SE~C. 2453. The Commnissioner shall arr-ange his deci- D)e6tsions Ito be arranged sions into two classes -the first cla ss to emibrace all such 7,o cases of equity as may be finally confirmed by the board, P. 5 ' and the second class to embrace all such cases as the board reject and decide to be invalid. SEC. 24154. For all lands covered by claims which are. Patet to1. for lands lplaced in the first class, patents shall issue to the claimi- itod fisrt cass, antI lands in ants; and all lands embraced by claims lplaced in the:i~tigd S'tate4'c.8s. 4v9,second class shall IPSO facto revert to, and become part g,14c.8.,.9 of, the public (lomain. SEC. 2455.' It iuay be lawful for the Commiissioner of (ornm~ssioner to orde'r Into the General Land Oflice to order into market, afnter due -Dar lands ~sot secostd class. n otice, without the formality and expense of a proclamna-,,7,s5,.9 otami of the President, all lan~ds of the second clas,thuherofe un~proclaimned and unoffered, and such other isolated or disconnected tracts or lparcels of uimoflbred lands which, in. his judginent, it would be Ini-(iier to expose to sale in like mnanner. But public notice of at least thirty days shall be given by the latnd officers of the district in. which stich lands mnay be situated, lpursuant to the (lirections of the Comlmissi()nIIr( SEC.,. 2456. Where lpatents have been alre-ady issued tnssurrendered ansd on entries which tare confirmed by the officers who are ey onsissuedi in certain constituted theboardof adjuidication, the Cominissiomner 'I'llr. 1853, c. 152, s. 2,v of the General Land Office, up~on. the canceling of thme lt5 outstanding lpateilt, is anthorized to issue a) new lpatemit, on such eontirimation, to the person who made the entry, his heirs or assigns. SEC. 2457. The preceding lprovisions, fromn section Extent of foregoing psro twenty-four hundred and fifty to section. twenty-four 6Jn,15,e4,v., hundred and fifty-six, inclusive, shall be applicable to ') 22 -all cases of suspended entries atid locations, which have arisen in the General Land Office since the twentty-sixth day of June, eighteen hundred and fifty-six, as well as to aill, cases of a similar kind which may hereafter occur, embracing as well locatiomis under bounty-land warrants as ordinary entries or sales, including homestead entries and preemption. 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 preemnpter are prejudiced, or where there is no adverse claimi. The rules andl regulations of the board of equitable adjudication wilI be found printed hereinafter-. See Appendix No. 85, p). 265.1 I Amended by act of February 263,1895 (28 Stat., 687), Asppendix No. 63, p. 238. 3073-~11 162 TITLE TO PUBLIC LANDS. CERTIFIED COPIES. SEC. 2169. The Commissioner of tlhe CGeeral Land Office shall cause to be prepared, and shall certify, under the seal of the office, such copies of records, books, and papers onl file in his office as may be applied for, to be used in evidenoe in courts of justice. (See sees. 461 and 891.) SEC. 2470. Literal exemplificatibns of any records which have been or may be granted in virtue of the p)receding section shall be deemed of the same validity in all proceedings, whether at law or in equity, wherein such exemplifications are addluced in evidelce, as if tile names of tile officers signing and countersiguing the same had been fully inserted in such record. (Sees. 461, 891.) * * ** * * *.$ APPRIOPRIATE REGULATIONS. Power of Commisloner of SEC. 2478. The Commissioner of the Geileral Land jatfd (tlice to enforce this Office, under tile direction of the Secretary of the Ilitetitl. rior, is authorized to enforce anld carry into execution, by alpprolpriate regulations, every )art of the provisions of this title not otherwise specially provided for. * * * * * * * [No. 2.J PENALTY OF PERJURY. AN ACT to provide for the punishment of certain crimes agiitistsC the Ulnitedl States. SEC. 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall be made or taken before any register or receiver, or either or both of them, of any local land office in the United States or aly 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 affirmations, 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 concerning any of the public lands of the United States, issued by the Commissioner of the General Land Office or other proper officer of the Govermnent of the United States, as under the laws of the United States, in anywise relating to or affecting any right, claim, or title, or any contest therefor, to any of the public lands of the United States, and if any person or persons shall, taking such oath, affirmation, or affidavit, knowingly, willfully, 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 conviction, be liable to the punishment prescribed for that ofibuse by the laws of the United States. Approved, March 3,1857. (11 Stat., 250.) REVISED STATUTES, SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be,administered, that TITLE TO PUBLIC LANDS. 163 he will testify, declare, depose, or certily truly, or that any writtell testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oattl states or subscribes any material matter which lie does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more thani five years, and shall, moreover, thereafter, be incapable of giving testimony il any court of the United States until such time as the judgment against him im reversed. (See sec. 1750.) [No. 3.1 SALT SPRiNGS. AN ACT providing for the sale of saline lands. Be it enacted by the Senate and House of Rel)resentatives of the United States of America in Congress assembled, That whenever it shall be made appear to the register and the receiver of any land-office of the United States that any lands witltin their district are saline ini character, it shall be the duty of said register and said receiver, under tlhe regulation of the General Land Office, to take testimony in reference to such lands to ascertain their true character, andl to lepoi t the same to tlhe CGeneral Land Office; and if, upon such testimony, the Conlmissioner of the General Land Office shall find that suclh lands are saline and incapable of being purchased under any of tlhe laws of the United States relative to the public domain, then, and in such case, such lands shall be offered for sale by public auction at the local land-office of the district in which the same slhall be situated, under suchl regulations as shall be prescribed by the Commissioner of tlhe General Land Office, -and( sold to the highest bidder for cash at a price not less thaL one dollar and twenty-five cents per acre; a.nd ii case said lands fail to sell when so offered, then the samt slall be subject to private sale at such land-office, for cash, at a price not less thlln o0e dollar and twenty-five cents per acre, in the same malnner as other lands of the United States are sold: Proevidel, That the foregoing enactments shall not apply to any State or Territory which has not hald a grant of salines by act of Congress, nor to any State which lmay have had such a grant, until either the grant has been fully satisfied, or the right of selection thereunder has expired by efflux of time. But nothing in this act shall authorize the sale or conveyance of any title other than sucl as the United States has, and the patents issued shall be in the borm of a release and quit-claim of all title of the United States in such lands. SEC. 2. That all executive proclamations relating to the sales of public lands shall be published in only one nevspaper, the sanle to be printed and published in the State or Territory where the lands are situated: and to be designated by the Secretary of the Interior. Approved, January 12, 1877. (19 Stat., 221.) 164 TITLE TO PUBLIC LANDS. INo. '.1 DESERT LANDS. AN ACT to provide for the s;le of desert 1indas in certlain States and Territories. Be it enacted by the Senate and House of Representatives of the United States!of America in Congress assembled, Tlhat 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, ad wllo has filed his declaratioi to become suclh," and 1upoln paylment of twelty-five cents per acre, to file a declaration, ulder oath, with tlhe register and thle receiver of the land district in which any desert land is situated, tlat lie intends to reclaimn a tract of desert land, not exceeding onie sectioll; by conductting water upon the same withill tle period of three years tlereafter: Provided, however, That the riglt to the use of water by the person so conducting the same on or to any tract of desert lalnd of six hundred and forty acres shall depend upol)n bona fide prior appropriation; and such right shall not exceed thle,amount of water actually appropriated acnd necessarily used for the purpose of irrigation anld rleclamation; iad all surl)lus water over and above such actual appropriation and1 use, together with the water of all lakes, rivers, and other sources of water sul)p)ly Iluon the public lands, and not navigable, shall remain adl be ]leld free for tile appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing riglts. Said declaration shalil describe particularly said section of land if surveyed, and l it unsurveyed shall desci ibe tlie sam[e as nearly as polssible without a survey. At aiy time within the period of three years after filing said declaration, 1upon makiilg satisfactory proof to the register aidl receiver of the reclamation of said tract of lald in tlme manner aforesaid, and upon thle paymetll to tlme receiver of the additiolal sum of one dollar per acre for a tract of lan(l lnot exceedling six hunIdred anid forty acres to alny one person, a patent for the same shall be issued to him: Provided, That io person sliall be permitteed to enter more tlhan olle tract of land, and not to exceed six hundred and forty acres, which shall be in compact form. SEC. 2. That all lalds exclusive of timber lands land mineral lands whicl will not, without irrigation, produce soumie agricultural crop, shall be deemied desert lands within the meanting of this act, whic fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be tiled in the land-office in which said tract of land may be situated. SEC. 3. That this act shall only apply to mnd take efifet in the States of California, Oregoni, and Nevatda. and tile Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, and tile determination of what may b)e considered desert land shall be sulbject to the decision alld regulation of the Commissioner of the General Land Oflice. Approved, March 3, 1877. (19 Stat., 377.) TITLE TO PUB3LIC LANDS.15 165 [ No. 5.] 11OMESTEAD PROOF. AN AT t amnd ecton weny-two huindred and niinety-one of thie R ise Statnte~s of the United States, in relation to) proof reqiiire(I in hoinestead(lentries. Be it enacted by the Senate and House of Representa tires of the United States of Amierica in Congress assemnbled, That the proof of residenlell, occupation, or cultivation], tilie aflid avi t of iion-alien~ation, andl the oath of allegriance, required to lbe malde lby section twenty-two hunndred and ninety-one, of' thle Revised Statutes of' the U~nited States, may be made befbre thiejudge, or in his ab~sence, before the clerk of' any court otrecord of the county and State, or district and Territory in whichi the lands are situated; land if said landls are, situated in any unorganizedl county such lproof inay lbe made in a sim-ilar nmmner in any adljacenlt county in saidl State or Territory; and the proof, affidavit, and oaf ht, when so made and duly subscribed, shall haive the same force an(I effect ais if made before the register or receiver of thie proper land district; and thle same shall be tr-a-unsitted by suchi ju(lge, or the clerk of his court, to the register andI the receiver, withi the fee and charges allowedl by law to him; and the register -and receiver shall be entitled to the same fees for examining -and app)roving said testimony as are now allowed by law for ttaking the same. SEC. 2. That if any witness making suche proof, or the said applicant making such -aftidlavit or oath, swears falsely as to any mnaterial mnatter contined in saidl proof, affidavits, or o)athis, the s,"aid1 f~al:e swearing being willful. aid corrupt, lie shaill be (leemned guilty of perjury, amid shiall b~e li-able to the same paimis and penalties as if he had sworn falsely beiore the register. Approved, March 3, 1877. (19 Stat., 40:3.) [No. 6.1 TIMBEIR AND) STONE ENTRIES. AN ACT for the sale of timber lands in the States of California, Oregfon, Nevada, and in W~ashbingtoni Territory. Be it enacted by the Seniate and Rouse of Representatires of the United States of Amierica in Congyress assemibled, That surveyed puIblic, lands of the United Sta-tes within the States ofCa-lifornia, Oregomi, and Nevada,, and in Washington Territory, imot included within military, Indian, or other reservations of the United States, valuable chiefly for timber, b~ut unfit for cultivation, and which have not beemi offered at ul~mbic sale, ac~cording to law, may be 501(1 to citizens of the Unmited States, or persons who have declared their intention to lbecome suhl, in quamitities not exceeding one hundi~redl and sixty acres to any one person or association of persons, ait the minimum price of two dollars and fifty cents per acre; au(d lauds valuable chiefly for stone meay be sold on the same terms as timber lands: P~rovided, rDiat nothing herein contained shall defeat or impair any lbona fide claim under any law of time United States,7 or authorize the sale of' amiy mining claim, or thme improvements of any bona fide settler, or lands containiiig gold, silver, cinnabam', copper, or 166 TITLE TO PUBLIC LANDS. coal, or lands selected by the said States under any law of the United States donating lands for interllal improvements, education, or other purp)oses: And prorided further, That lnone of the rights conferred by the act approved July twenty-sixth, eighteen hundred and sixty-six, entitled "An act granting tlle right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted sllll be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection witl such water rights, as may have been acquired under and by the provisions of said act; and such rights shall be expressly reserved in any patent issued under this act. SEC. 2. That any person desiring to avail himself of the provisions of this act shall file witl the register of the proper district a written statement in duplicate, one of which is to be transmitted to the General Land Office, designating by legal subdivisions the particular tract of land lie desires to purclhase, setting forth that the same is unfit for cultivation, and valuable chiefly for its timber or stone; that it is uninhabitated; contains no mining or other improvements, except for ditch or canal purposes, where anly such do exist, save such as were made by or belonged to the applicant, nor, as deponent verily believes, any valuable deposit of gold, silver, cinnabar, copper, or coal; that deponent has made no other application under this act; that lie does not apply to purchase the saime on speculation, but in good faith to appropriate it to his own exclusive use and benrefit, and that lie hlas not, directly or i directly, made ally agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which lie mighlt acquire from the 6 overnment of the IUnited States should inure, in whole or in part, to the benefit of any person except himself; which statement must be verified by the oath of the applicant before the register or the receiver of thle land office witlhin tihe district where tlJe land is situated; and if any person taking such oath shall swear falsely in the premises, he slhall be subject to all the pains and penalties of per jury, and sllall forfeit the money which lie may have paid for said lands, and all riglit and title to the same; and any grant or conveyance which lie may have made, except in the hands of bona fide purchasers, shall be null and void. SEc. 3. That upon the filing of said statement, as provided in tlhe second section of this act, tlhe register of the land office shall post a notice of such application, embracing a description of the land by legal subdivisions, ill his office, for a period of sixty days, and shall furnish the applicant a copy of the same for publication, at tlle expense of such applicant, in a newspaper published nearest tlle location of the premises, for a like period ot time; and after the expiration of said sixty (lays, if no adverse claim slhall have been filed, thle person desiring to purchase slhall furnish to the register of the land office satisfactory evidence, first, that said notice of the application prepared by the register as aforesaid was duly published in a newspaper as herein required; secondly, that the land is of the character contemplated in this act, unoccupied and without improvements, other than those excepted, either mining or agricultural, and tlhat it apparently contains no valuable deposits of gold, silver, cinnabar, copper, or coal; and upon payment to the proper officer of the purchase money of said land, together with tlle fees of the register and the receiver, as provided for in case of mining claims in thle twelfth section of thle act approved May tenth, eighteen hlundred and seventy-two, tlhe applicant may be permitted to enter said tract, and, on the transmission to the General Land Office of the papers and testimony in thle case, a patent shall issue thereon: Provided, That any person having a valid claim to any portion of the TITLE TO PUBLIC LANDS. 167 land may object, in writing, to the issuance of a patent 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 determined by the officers of the land office, subject to appeal, as in other land cases. Effect shall b)e given to the foregoing provisions of this act by regulations to be prescribed by the Commissioner of the General Land Office. * * * * # * * SEc. 6. Tllat all acts and parts of acts inconsistent with the provisions of this act are hereby repealel. Approved, June 3, 1878. (2) Stat., 89.) [No. 7.]. CHANGE OF PRE-EMPTION FILING TO HOMESTEAD ENTRY. AN ACT for the relief of settlers on tlie public lands under the pre-emption laws. Be it enacted by the Senate and Housc of Represcntatives of the United States of America in Congonress assembled, That any person wlho has lmade a settlement on tlhe public ]allls under the pre einption laws, and hias subsequent to suclh settlement challged his tiling in pursuance of law to tlat for a homestead entry upon thle same tract of land, shall be entitled, subject to all the provisions of the law relating to homesteads, to llave the time required to perfect his title under the honestead laws computed from the (late of his origilnl settlement heretofore made, or hereafter to be made, under the p)re-empltion laws. Approved, June 14, 1878. (20 Stat., 113.) IN(o. S.1 TIMBER ( CULTURE. AN ACT to amend an act entitled "An actto encourage the growth of timler on tlhe western prairies." Be it enacted by the Senate and Hoise of Representatives of the United States of America in Congress assembled, That the act entitled "An act to amend tlhe act entitled 'An act to encourage thle growth of timber on western prairies,"' approved March thirteenth, eighteen hundred and seventy-four, be, and the same is hereby amended so as to read as follows: That lny person who is tlhe head of a family, or wlho hlas arrived at the age of twenty-one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required by the naturalization laws of the United States, who shall plant, protect, and keep in a healthy, growing condition for eight years ten acres of timber, on any quarter section of any of the public lands of the United States, or five acres on any legal subdivision of eighty acres, or two and one-half acres on any legal subdivision of forty acres or less, shall be entitled to a patent for the whole of said quarter section, or of such legal subdivision of eighty or forty acres, or fractional subdivision of less than forty acres, as the case may be, at the expiration of said eigllt years, on making proof of such fact by not less than two credible 168 TITLE TO) PUBLIC LANDS. witnesses, and a full compliance of tlle filrtller conditiols as provided ill section two: Provided flurther, Tllat not mIore than one quarter of any section shall be thus granted, and that no person shall make Inore thani one entry under the provisions of this act. SEC. 2. That the person applying' for tlhe benefits of this act shall, upon application to tlle register of the land district inl which he or she is about to make suchl entry, make affidalvit, befo're thle register or thle receiver, or the clerk of some court of record, or officer lauthorized to admlinister oatlls ill the district where tlle land is situated; wbichl aflidavit shall l)e ias follows, to wit: 1,, having filedn my:pplication, nulllber -, for an entry under thle flrovisiols of -an l(ct entitled "An act to amend an ac't entitled 'An act to encourage tle growtll of timber on thle westerll prairies,'" 1approved, eigllteen hundred andl seventy ~, do solemnly swear (or affirm) that I am thle head of a famnily (or over twenty-olle years of age), aid a: citizen of tlle United States (or hlave de(lare(d my intelntion to become such); tlhat the sectiol of land specified il my sai( aIpplication is composed exclusively of prairie ltlnds, or other lanls devoid of timber; that th]is filing and entry is na(lhe for the cultivation of timber, and for my own exclusive use ald bellefit; that I have made tlhe sai(l appllicatio i good faith, and not for thle purpose of' speculation, or directly or indirectly foir thie use or benelit of any other person or persons whomsoever; that I illtend to hold and cultivate tlhe lanld, an(d to filly conmply witlh the provision of th}js said act, ald(l that I have not heretofore made anl entry urnder tlhis act, or the acts of which this is amnendatory. And upon filing.said aflidavit witlh said register and said receiver, and on payment of ten dollars if the tract l)pplied for is more thai eighty acres, and five ilollars if it is eighty acres or less, lie or slhe shall thereupon be pernmitted to enter the quantity of land specified; and tlle )party macking an entry of a quarter section under tlhe provisions of this act shall be required to break or p)low five acres covered thereby tlle first ye.i-, five a(cres thle second year, and to cultivate to crop or otherwise the five acres l)roken or lowe(d tlhe first year; the third year lie or slhe slhall cultivate to crop or otlherwise the five acres broken tlhe second year, aid to lp)lant in timber, seeds, or cuttings the five acres first broken or plowed, and to cultivlte and put in crop or otherwise the remaining five acres, an(l the fourth year to pla.nt in timber, seeds, or cuttings the remaining five acres. All entries of less quantity than one quairter section shall be plowed, plaite(ld, cultivated and planted to trees, tree seeds, or cuttings, in the samne manner and in the samn e proportion as lhereinbeftwe provided for a quarter sectiomi: Provided, however, That in case suell trees, seeds, or cuttings shall be destroyed by grasshoppers, or by extreme al(l unusual drouth, for aiy year or term of years, thle time for lplalnting suhell trees, seeds, or cuttings shall le extended one year for every such year tlhat tlhey are so destroyed: Provided further, Tllhat the person making such1( entry slhall, before lie or she shall be entitled to such extension of time, file wit) the register and receiver of the proper lhnd office anl affidavit, corrolbo rated by two witnesses, setting forth the destruction of such trees, and that, in consequence of such (lestrluctios, lie or shle is comlpelled to ask an extension of time, in accordance with tlhe p)rovisions of this act: And provided further, That no fiuial certificate shall be given, or patent issued, for the land so entered, unmtil the expiration of eight 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 minaking such entry, or, if h lie or she be (lea(l, his or her lheirs or legal representatives, shall prove by two cre(dible)o witnesses that lie or she or they have planted, and, for TITLE TO PUBLIC LANDS.19 169 not less than eighit years. have cultivatedl and protected such quantity an~d character of trees as aforesaid; that not less than twenty-seven hundred trees were plainted on each acre, andl tha-t at the time of making such lproof there shiall be then growin)g at least six hundred and seventy-five living and thrifty trees- to each acre, they shiall. receive a patent for such tract of land. SEC-,. 3. That ifrat,any time after the filing of saidd,affidavit, and prior to thre issuing of the patent for said landl, the clainiant shall fail to comply with any of the req~uirements of' this act, then and in that cvent such landls shall be sulblect to entry undler the homestead laws, or by somne other lpersfml under the p~rovisions of this acet: JProridled, That the, pa'ity innakig claim11 to Said land(, either as a homestead tsettler or under this cact, shiah grive., a,,t the time of filing his application, such notice to tfie originalr claimant as shall be prescrilbe( by the rules established by the Commissin~mer ot the Gleneral Landl O'-fce; and the rlights of the parties shiall be determined as ini other contestedl cases. SEC. 4. Thlat no land acquired under the provisions of this act shall, in any evenit, Ibecome liable to the satisfaction of any debt or debts conltl-actedl lriol- to the issuing of the final certificate therefor. SECi. 5. Thuat the Commniss-ioner of' the General Land Oflice is hereby required to) 1)1-eare and issue suich rufles alld regulations, consistent with this act, as shall lbe necessary anil proper to carry its lprovisiolls into effect; and I hat the registers and receivers of the several land offices shiall eaich be enftitled to ineceive two (lollars at the time of entry, and the, like sum when. the claim is finally established anld the final certificate is;II e5 ((. Svc,. (;. That the fifth slection of the act entitledl "Au act in addition to an aict to) lunisli crimes against the Unlitedl States, and for other piirlooses.' -J)Prioved 1\lircl third, eighteen hundred a-nol fifty -seven, sall)] ex tenid to aill oaths, affhrin-ations, andI affidavits req uired or authorized lby this act. SEC.,( 7. Thalt parties wh~o have already masde entries under the acts approved MNarch third, eigrhteen hund red andl seventy-three, and March thirteenith, eighteen hun11dred and seventy-four-, of which this is amendaitory, shall be permimttedl to complete the same upon full compliance wvith the provisions of this act; that is, they shlall, at the time of makbig Ilmicir final pi-ool., have hiad iinoler cultivation, as requir-ed by this acet, anl amoun11t of I imuber suifficientt to make tlhe number of acres required by this act. SEC.( 8. All actfs, and parts of acets in conflict with this act are her-eby Alprvovedl, ~Junie 14,7 1878. (20 Stat., 113.) INo. 9.1 PRIVATE LAND CLAIM INDEMNITY SCRIP1. AN ACT defining (,the miianioci in which certain landl scrip mayhe assignedIand located,.or npplied by actiial settlers, and prIovidling lor the issne of patents in the naine of the locator or his leo.ta representatives. Be it enacted by the &enate and flouse of Representatives of the United States of Agnerica, in C~ongrcss assembled, That whenever, in cases prosecuted under the acts of Congress of June twenty-second, eighteen huii(lredl and sixty, March seeolld, eighteen hundred and sixty-seven, and the first sectioim of the act of June. tenth. eighteen hunidred and seventytwo, providinig for the adjustment of private land claims in the States 170 TITLE TO PUBLIC LANDS. of Florida, Louisiana, and Missouri, the validity of the claim las been, or shall be hereafter, recognized by the Supreme Court of tlle United States, and the court has decreed that the ])laintiff or plaintiffs is or are entitled to enter a certain number of acres upon tlie lublic lands of the United States subject to private entry at one dollar and twentyfive cents per acre, or to receive certificate of location for as mucl of the land the title to which lhas been established as lias been disposed of 1)y tlhe United States, certificate of location shall be issued by the (ollllmissioner of tlhe (General Land Office, attest,ed by the seal of said office, to be located as provided for ill the sixth section of tlie aforesaid act of Congress of June twenty-second, eighteen hundred land sixty, or applied according to tlle provisions of the second section of this act; and said certificate of location or scrip shall be subdivided according to the request of the confirlnee or confirinees, and as ne:irly as practicable in conformity witll tlle legal divisions and subdivisions of the public lands of tlhe 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 prescribe(l by tlle Commnissioner of t]le General Land Office, so as to vest the assignee with all tlle rights of the original owners of tile scrip, including the right to locate the scrip ill his own name. SEC. 2. Tlhat such scrip shall be received from actual settlers only in payment of pre ernption claims or in cormmuntation of homestead claims in the same manner and to tile same extent as is now authorized by law in tlie case of mlilitary-bounty land warrants. SEC. 3. Tlhat tle register of tile proper land office, upon ally such certificate being located, shall issue, in tile lname of tle I)party nmaking the location, a certificate of entry, upon whi(ch, it' it shlall appear to tlle satisfaction of tlie Commissioner of the Gener-al Land Office that suchl certificate lhas been fairly obtained, according to tlle true intent and meaning of this act, a patent shall issue, as in other cases, il the name of tlle locator or his legal representative. SEC. 4. Tllat tlhe provisions of tills act respecting tlhe assignment and patenting of scrip and its al)l-lication to preemnltion a(nd homestead claims shall applly to the indemnity certificates of location lprovided for lby the act of the second of Junle, eighteen hundred aind fifty-eight, entitled "An act to provide for tlle location of certain confirmed private land claims il tlie State of Missouri, and for other purposes." Aplroved, January 28, 1879. (20 Stat., 274.) [No. 10.1 SPECIAT, STTRVEY I)E1'OSITS. AN ACT to amend section twenty-four ilnired:n1(l tlihrce of the Revised Statutes of the United States, in relation to deposits for surveys. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-four lhundred lad three of the Revised Statutes of the United Statse be, and is hereby, amended so as to read as follows: SEC. 2403.1 Where settlers make deposits in accordance with the provisions of section twenty-four hundred and one, the aImount so Further amended by acts of August7,1882 (22 Stat.. 327; Appendix No. 24, p. 181), and August 20,1894 (28 Stat., 423; Appendix No. 54, p. 233). TITLE TO PUBLIC LANDS.17 171 deposited shall go in part paynment for their land situated in the townships, the surveying of which is paid for out of such deposits; or the certificates issued for such deposits may be assigned by indorsement, and be received in. payment for any public lands of the United States entered by settlers under the lpreemnptionl and homestead laws of the United States, and njot otherwise. Approved, March 3, 1879. (20 Stat., 352.) [ No. 1 1.1I SETTLERS WITHIN RtAILIIOAD LIMITS. AN ACT to grant additional righits to llomesteadl settlers on pnblic lands within railroad limlits. -Be it ncited b~y the Senate and.Jiouse of Representat ires of the United 'States ofiltmerica in Con qress alssemZbled, rThat fromt and after thie passage of this ac1't, the even sections within the limits of any grant of pulblic lands to any railroad company, or to aiiy military road1 company, or to ayState in aidh of any railroad or military road Shall b~e op~en to settlers llnder the homestead laws, to the extent of one hundred and sixty acres to each settler, anud any persoii whlo has, uinder existing laws, taken at homlestead on aniy even. section within thie limnits of any railroadI or military road land( grant, antid who by existiln laws shall haive been restricted to eighty acres, may enter un(ler tile homestead Jaws an addlitional eighty acres adljoiiiing the Land embraced in his original entry if Suich additional land be snibject, to enitry; or if suich p~enson so elect, lie m1ay snrrender his entry to the United States for cancellation, and1 thereupon be entitled to eniter handls undler the homestead laws thle Same as if the surrendered entry had not been iJnaide. And any person so makfing additional entry of eighty acres, or niew entry after the surrender andI cancellationi of his original enitry, sh-all. be lpermnittedI so to (10 without p)ayinent of fees andl commission; andl the residence and (cultivation of such person uipon and of the land embraced in his original entry shall be considered residence and cultivation for the same, length of time upon and of the land embraced in his,additional or new entry, and shall be deducted from the live years' residence and cultivation reqn iredl by la~w: Proridcd, That in no ca-se shiall. latent issue u11)o1 anl additional or new homestead entry ulnd~er this act until the person has actually, and iii conformity with the homestead laws, o~cnlpied, resiledl upon, andl cultivated Iihe lantid embraced therein at least one year. Approved, March 3, 1879. ('20 Stat., 472.) [ No. 1 2.1 FINAL PROOF NOTICE. AN ACT to provide ftdditional regulations for homestead aud preemption entries of public lands. Be it enacted b)y the Senate and House of Representatires of the United iStates oJ A nmerica in Congress assemtbled, Thiat before fimmal. proof shall. be submitted by,any person claiming to enter agricultural lands under 172 TITLE 'TO PUIBLIC LANI)S. the laws providing for preemptionl or homestead entries, such person slhall file with the, register of the proper land office a notice of his or her intention to make such proof, stating therein the description of lands to be entered, and the lrnes of thle witnesses by whom the necessary flacts will be established. Upon thle filing of such notice the register slhall publisll a.notice, tlhat suchl applicationl has been Inade, once a week for tile period of thlirty days, ill a newspaper to ble by ]liln designated as publishled nlearest to sicl 1land, nlnd lie sliall also post such notice in some collsl)icuous place in ]his office for thle same l)eriod. Such nlotice shall contain thle nl-anes of the witnesses as stated in the application. At tile expiration of sa.id( period of thirty days tlle claimant shall be entitled to make plroof in thle mlanner heretofore provi(led by law. Tle Secretary of tlle Interior sh11all make all nlecessary rules for giving effect to the foregoing provisions. Approved, Marclh 3, 1879. (20 Stat., 472.) I No. 13.] SETrTLERS T `WI'I'THIN RAILROAD JTMITS. AN AC'T to grant add(itional ri ghts to llomesteadl settlers on nh1)uli i( ]:llds withi railroadl limlits in thle States of Missouri and Arkalsas. B>e it enacted by the Senate and Houise of Representatives of the United ASt(tes of II me'iCiea in Congress (sse(nibled, Tllat from and after thle 1)assa.ge of tlis ac(t the odd(1 sections within thle limits of ally grant of pulblic lands to any railroad comp)any in the States of Missouri and Arkansas, or to suclh Staltes respectively, in aid of ally railroad, where the even sections ]1ave bleen granlted to an(l receivedl lby any rllroad coimpany or by suchl States respectively in aid of any railroad, shall be open to settlers udtler thle hlomestea(l laws to tlhe extent of one hundred and(l sixty acres to eaclh settler; and any person whlo has under existing laws taliken a lomeste1ad on anly section within the limits of any railroad grant in said States, anlld who by existing laws slhall have been restricted to eighty acres, may enter nlder the homestead laws an additioll:l eiglity acres adjoining the land embraced in hlis.original entry, if sucl additional ]land be subject to entry; or if such person so elect, lie mnny surrender his entry to thle IJnited States for cancellation, and thereupon be en titled to enter lands under thle hlomestead laws the same as if tlle surrlendered elmtry had not Ibeen made. And1 any person so making additional entry of eighty acres, or new cntry after tlhe cancellation of his original entry, shall be lermitte(l to (ldo so without payment of fees or commnissions; and thle residence of suellh person upon and cultivation of tile land embraced in lhis original entry slall be consi(lered residence alnd cultivation for tile same length of time upon and of the land embraced in hlis additional or new entry, and shall be deducted from the five years' resi(lence and cultivation required by law: Provided, That in no case shall patent issue upon an additional or new homestead entry under this act until tile person ha1.s actually, and in conformity withl the homestead laws, occupied, resided ul)on, and cultivated the:llnd embraced therein at least one year. Approved, July 1, 1879. (21 Stat., 46.) TITLE TO PUBLIC LANDS.17 173 [No. 14.] INJURY OR D)ESTRUCTION OF CROPS 1IY 6iRAS5IIOP1PERI.S AN ACT Ior the relief of settlers on the public lands in districts subject to grasshopper incursions. Be it enacted by the Senate and House of R'ej)resentatires (o the U-nited States qj'America. in Congress- assembled, That it shall be lawful fe;r home. steadL and 1)reelnlptioll settlers on the public lands, andiidit all cases where preelnLptions are authorized by law, where, crops have been or mnay be (testroyed or seriously iiijured by grasshoppers, to leave and be absent from said lands under such rules and regvulations, as to pioof of the same, as the Commissioner of the General Land Office shall prescribe; but ini no case shall such absence extend beyond one year coimtinuously; anMd during such -absenice inoadlverse rights shall attach to said lantds, such settlers lbeing- allowed to resum and p~erfect their settleuient as though no such absence had occurred. SiEc. 2. That the tinie for making final proof and payment by preemlptors whose (rops shall have been destroyed or injured tas aforestaid meay, in the discretion of the Commissioner of the Genjeral Land Office,7 be extended for one year after the expiration of the terni of absence, lprovided for ini the firK; section of this acJt; and all the righbts an1,1l privileges extendled by this act to homestead land prceemptionl settlers shall apply to and1 mncludle the settlers under an act entitled "Anl act to encourage the growth of timber on western prairies," approved March third, eighteen hundred anid seventy-three, and the acts amendatory thereof. Approved, July 1, 1879.. (21 Stat., 48.) INSTRUCTIONS. The first section of the act of Juily 1, 187-9,"1 for the relief of settlers on the public lands iii districts subject to grasshopper incursions," provides that homestead and preemlption settlers ont public lands where crol)s have been destroyed or seriously in~jured by grasshoppers may leave aimd be absen t from sai dl lai)(ls for a lperiod not to exceed one year continuously,, under such rules anid regulatiomis as the Commissioner of the Gleneral. Land Offlice shall prescribe, being allowed afterward to resume and perfect their settlement as though no suich absence had occurred. The secon(1 section jprovidles that tile timne for making final proof and p~aymenet by l)Leeitnptors, whose cr0ops had been (Iestroyedl or imijuredl as aforesaid may, at the discretion of the Commissioner, be extended for one year. (See supra.) Asettler desiring to take adlvantage of the p~rovisiois, of this act should file with the register afnd receiver a written notice of intended absence, bearing his own signatuire, and embracing, a statement that lie had sustained loss tr failure of' his crops. This should be noted oii the tract books for the lprotection of the claimiant and the inforniatiomi of parties who might otherwise make settlemient and attempt to obtain title. Pre'emption settlers desiring the extension of time provided for in the second section of the act should apply therefor through the same officers, the application to be supported b~y the same character of proof, which should lbe made before the register or receiver of the district land office or before any officer using' a seal and authorized to admin.ister oaths. 174 TITLE TO PUBLIC LANDS. Upon making final proof the settler having been absent under the first section should file his affidavit, with the alfidavits of two or more witnesses, corroborative thereof, stating the larticulars of the alleged destruction or serious injury of crops by grasshoppers. The particulars given should be such as to admnit of a decision whlether the absence was justified by law or not, and should specifically show at what time the party left tlhe land and when hle resumed his settlement. The affidavits required in cases arising under this section of the act must be made at the same time and place and before th e same officer taking the other proofs. [No. 15.) RELINQUISHMENTS-CONTIEST''ANT'S PRIlFERElNCE-L11IOMESTEA)D SETTLEMENTS. AN ACT for the relief of settlers oil public lallds. Be it enacted by the Senate anId iHose of Representatives of the United States of America itn Congress atssemblc(d, 'll;tt whel a preelption, homestead, or tiiiber-cultule clailnlant sliall file a written relinquishment of his claim ill the local 1land office, tlhe lanld covered by suchl claiml shall be held as open) to settlement anlll eiitry without further action on the p)art ot the Comnllissiomer of the (General Land Office. SEC. 2. In all cases where any personi has conltested, paid the landoffice fees, and procured the cancellation of any )preempI)tion, homestead, or timber-culture entry, he shall b)e notified by the register of the land office of tlhe district in which such land is situated of such cancellation, and shall be allowed thirty days fiom date of such,notice to enter said lands: I'rovided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. SEC. 3. That any settler who has settled, or who shall heieafter settle, on any of the public lainds of the JUnited States, whether surveyed or unsurveyed, with the intefntion of claiming the samei under the homestead laws, shall be allowed the same time to file his homelstelad application and perfect his original entry ill the United States Land Office as is now allowed to settlers under the preemption 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 preemption laws. Approved, May 14, 1880. (21 Stat., 140.) [No. 1G.J OSAGE TRU;T AND DIMIINISHIED-RESElRVE LANDS. AN ACT for the relief of settlers upon the Osage trust and diminished-reserve land in Kansas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all actual settlers under existing laws upon the Osage Indian trust and dininished-reserve lands in Kansas (any failure to comply with sulch existing laws notwithstanding) shall be allowed sixty days after a day to be fixed by public notice TITLE TO PUBLIC LANDS. 175 by adlvertisement in two newspapers in each of the proper land districts, which day shall not be later than ninety days after the passage of this act, within which to make proof of their claims, and to pay one-fourth the purchase price thereof, and the said parties shall pay the balance of said purchase price in three equal annual installments thereafter: Provided, That nothing herein contained shall be construed to prevent an earlier payment of the whole or any installment of said purchase money as aforesaid. And if default be mlade by any settler in the payment of any portion or installment at the time it becomes due under tlhe foregoing provisions, his entire claim, and any money he may have laid thereon, shall be forfeited, anl(l the land shall, after proper notice, be offered for sale according to the terms hereinafter prescribed, unless before the (lay fixed for such offering the whole amount of purchase money shall be paid by said claimant, so as to entitle him to receive his patent for the tract embracing his claim. SEC. 2. That all tlhe said Indian lands remaining unsold and unappropriated, and not elmbraced in the claims provided for il section ole of this act, shall be subject to disposal to actual settlers only, Ihaving tle qualifications of preenmptors on the public lands. Such settlers shall Inake due apl)lication to tlhe registerl, with proof of settlement and qluallifications as aforesaid; ald, upon paynlent of not less than onefourth the purchase price, shall be permitted to enter not exceeding one quarter section each, the balance to be )paid in three equal installments, with like penalties, liabilities, and restrictions as to default and forfeiture as provi(led in section one of this act. SEC. 3. All lands uponl which such detault has continued for ninety days shall be placed upon a list, and the Secretary of the Interior shall cause tlhe same to be duly proclaimed for sale in tile manner prescribed for the offering of the public landls, but not exceeding one (quarter section slhall be sold to any one purchaser, at a price not less than the price fixed by law; but such lands, upon which such default slhall be made, shall be offered for sale by ad(vertisenIent of not less tlhan thirty days in two newspapers in the proper land districts, respectively, and unless the opurclase price be fully p)aid before the lday lnamed in the notice, shall be sold for cash to the hlighest bidder at not less than the price fixed by law. And all such lands, subject to unpaid overdue installments, shall be so offered once every year. And it any of said lands shall remain unsold after the offering as aforesaid, they shall be subject to private entry, for cash, in tracts not exceeding one quarter section by one purchaser. SEC. 4. After the payment of thle first installment as hereinafter provided for, such lands shall be subject to taxation according to the laws of the State of Kansas, as other lands are or may be in said Sta:te: Provided, That no sale of any such lands for taxes shall operate to deprive the United States of said lands, or any part of the purchaseprice thereof, but if default be made in any installment of the purchase-price as aforesaid, such tax-sale purchaser, or his or her legal representatives, may, upon the day fixed for the public sale, and after such default has become final, under the foregoing provisions, pay so much of said purchase.price as may remain unpaid, and shall thereupon be entitled to receive a patent for the same as though he had made due settlement thereon: And provided further, That nothing in this act shall be so construed as to deprive or impair the right of the settler, of the right of redemption under the revenue laws of the State of Kansas. 1776 TITLE TO PUBLIC LANDS. SEC. 5. That the register antd the receiver shall b1e allowe(l tile salmle fees anld commissions as are allowed by law for the dislposal of the public lands, and the net proceeds of the sales and disposals, aftter deducting the expenses of such disposals, shall be deposited to the credit of the proper Indian fund, as provided by existing laws; and the Secretary of the Interior shall make all rules and regulatiolls necessary to carry into effect the provisions of this act. SEc. 6. That nothing inl this act shall be conlstrued to interfere in any manner with the operation of the town-site laws as alpplicable to these lands: Provided, That all claims for entry under said statutes shall be proved up and fully paid for, before the day fixed for thle coinmencement of the public sales provided for in section three of tlhis act. SEC. 7. In a11 cases arising under this act interest at thle rate of five per centum per annuIm shall be comlputedi aiidf paid upon all that i)art of the purchase-money in respect to which time is given for the paynienit of the same. Approved, May 28, 1880. (21 Stat., 113.) [No. 17.1 LOSS Olt FA1LURE OF CRO1'S FR1O3 1:NAV()1AI)ALE 1 ~ (CAIUSE IN 1879 (OIt 1880 IN KANSAS AND IlEBIHAtSKA. AN ACT for the relief of certain homestead(;ad 1,r-euilption settlers ill KaInsas aII(l Nebraska. Be it enacted by the Senate (clad House oJ' epresentativCs of the United States of America in Congress assembled, Th.at it shall be lahvful for homestead and preemption settlers oil the )ul)lic lands or Il)re'eil)tioil settlers Ulpon Indian reservations ill the States of lKanisas alld -Nebraska west of the sixth principal meridian, wlhere tlhere lhas beenl a loss or failure of crops friom unavoidable caulse, in the year of eightee; i lundred and seventy-nine or eighteell hundred and eigllty, to leave alnd I)e absent from said lands until the first day of October, cighteeli lhulnlre llld eighty-one, under such rules aiid regulations as to proof and notice as the Commissioner of the General Lanil Office nmay prescribe; and dluring said absence no adverse rights shall attach to said lainds, such settlers being allowed to resume and perfect their settlement as though no such absence had occurred. SEC. 2. That the time for making fillal proof and payment by such preelnptors is hereby extenlded for one year after the expirlationl of the term, of absence provided for in the first sectionl of this act; but in cases where the purchase money is by law payable in installments, tile first unpaid installment shall be held not to be due until one year after the expiration of the leave of absence afblesaid. Approved, June 4, 1880. (21 Stat., 543.) INSTRUCTIONS. The act of June 4 1880, " for the relief of certainll omestead and preemption settlers in Kansas alld Nebraska," provided that lreeilllltion settlers on the public lands, or preemption settlers uponl I ldian l eservations in the States of Kansas and Nebraska, west oi the sixth principal TITLE TO PUBLIC LANDS. 177 meridian, where there was a loss or failure of crops from unavoidable cause inl the year 1879 or 1880, might leave and be absent from said lands until the 1st day of October, 1881, under such rules and regulations as to proof and notice as the Commissioner of the General Land Office might l)rescribe-such settlers being allowed to resume and perfect their settlements as though no such absence had occurred; and the time for making final proof and payment by such preemptors was extended for one year. In cases where the purchase money was by law payable in installments, the first unpaid installment was held not to be due until one year after the expiration of the leave of absence aforesaid. (See supra.) The lands to which the provisions of'this act applied were included within the land districts of' Wichita, Salilna, Concordia, Larmed, Kirwin, Wa Keeney, Oberlin, and Garden City (all the districts except Topeka and Independence), in Kansas; and Niobrara, Lincoln, Grand Island, North Platte, Bloomington, Beatrice, Neligh, Valentine, and McCook (all the districts), in Nebraska. Land lying east of the one hundredth meridian in any one of these districts did not come within the provisions of this act. Tlis act, since it referred to a loss or failure of crops during only the years 1879 (or 1880, is now obsolete; but any pending cases will be adjudicatetd under the original instructions, which were as follows: This riglit of absence is not available in any case in which there has not been " a loss or fiilure of crops from unavoidable cause in the year 1879 or 1880;" hence, when a settler not actually entitled to the benefits of tills act absents himself from his claim, it will be liable to be regarded as an abandonment, and adverse claims may be recognized. The settler desiring to leave his claim under this act should file with the register aid receiver of the proper district land office a written notice of his intention to do so, bearing 1is signature, and embracing a statement that lie has sustained a loss or failllre of his crops in 1879 or 1880, this being necessary for his own protection and as notice due parties who might otherwise initiate claims to the land. At date of final proof by any party who shall have availed himself of this act lie must show by satisfactory proof the period of absence, an(l specific facts making appear the loss or failure of crops from unavoidable cause in 1879 or 1880, on account of whicl hIe was entitled to its benefits. The proof should consist of the party's own testimony, corroborated by that of two or more disinterested witnesses. After a party shall hatve filed the notice of intended absence under this act, no contest involving his right to the land canl be instituted prior to tile expiration of the legal term of absence to which lie is entitled. If the party should be fraudulently absent, it will be a matter of investigation in the regulahr lmannier thereafter. All notices tiled will be duly entered on the records of the district office and reported with the final proof made in the case. [No. 18.] SETTLERS WHO BECOME INSANE. AN ACT to provide for issuing pJatents for public lands claimed under the preemption and homestead laws, in cases where the settlers have become insane. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases in which parties who regularly initiated claims to public lands as settlers thereon according to the provisions of the preemption or homestead laws, have become insane or shall hereafter become insane before the expiration of the time' during wlich their residence, cultivation, or improvement of the l.~nd claimed by them is required by law to be continued in order to entitle 3073 12 178 TITLE TO PUBLIC LANDS. 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 becoming insane, and the requirements 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 dispensed with so far as regards such insane parties. Approved, June 8, 1880. (21 Stat., 166.) [No. 19.1 PREEMPTION AND HOMESTEAD-COMMUTATION AFFIDAVITS. AN ACT to amend sections twenty-two hundred and sixty-two and twenty-three hundred and one of the Revised Statutes of the United States, il relation to the settler's affidavit in preemption and commuted homestead entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the affidavit required to be made by sections twenty-two hundred and sixty two and twentythree hundred and one of the Revised Statutes of the IUnited States, may be made before the clerk of the county court or 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 ally unorganized county, such affidavit may be made in a similar manner in any adjacent county in said State or Territory, and the affidavit so made and duly subscribed shall have the same force and effect as if mlade 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. Approved, June 9, 1880. (21 Stat., 169.) [No. 20.] TIMBER TRESPASS CONDONED-PURCHASE BY tHOMESTEA]) CLAIMANTS-REDUCTION OF PRICE-ACT OF JUNE 15, 1880. AN ACT relating to the public lands of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when ally lands of the United States shall have been entered and the Government price paid therefor in full no criminal suit or proceeding by or in the name of the United States shall thereafter be had or further maintained for any trespasses upon or for or on account of any material taken from said lands, and no civil suit or proceeding shall be had or further maintained for or on account of any trespasses upon or material taken from the said lands 4of the United States in the ordinary clearing of land, in working a mining claim, or for agricultural or domestic purposes, or for maintaining improvements upon the land of any bona fide settler, or for or on TITLE T'O PUBLIC LANDS. 179 account of any timber or material taken or used by ally person without fault or knowledge of the trespass, or for or oni accounit of any timber taken or used without fraud or collusion by anly person who in good faith paid the officers or agents of the United States for the same, or for or on account of any alleged conspiracy inl relation theireto: Provided, That the provisions of this section shall aplply only to trespasses and acts done or commlitted aend conspiracies eintered into p)rior to;March first, eighteen hundred and seventy-nine: And providedl jithcr, TIlat defendants in such suits or proceedings shall exhibit to the proper courts or officer the evidence of such entry and payment, and shall pay all costs accrued up to the time of such entry. SEC. 2. That persons who have heretofore ulnder any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homnesteads may have been attempted( to be transferred by bona fide instrulllent in writing, may entitle themselves to said lands hLy playing the Governmenlt price therefor, anld in no case less than. one dollar and twenty-five cents per acre, and the amount heretofore paid the Government lupon said lands sllall be taken as part paymlent of said price: Proivided, This shall in nowise interfere wvith the rights or claims of otherl'S who may have subsequently entered suclh lands under tle hlomestead laws. SEC. 3. That the price of lands IIow siubjcect to entry whllich were raised to two dollars and fifty cents l)er acre, andI put ill market prior to January, eiglhteenl hundred and sixty-oine, by reason of the gralnt of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre. SEC. 4. This act shall not apply to anly of thle mineral lands of the United States; and no persoll who shall be prosecuted( for or p)roceeded against on account of any trespass comllitted or material takei fiom any of the plublic ]ands after March first, eighteen hundred and seventynine, slhall bIe eltitled to the beinefit thereof. Approved, June 15, 1880. (21 Stat.,.237.) INo. 21.1 EI'PAYIMENTS. AN ACT for the relief of certain settlers oil the public:ands, 111(1 to providle for the repayment of certain fees, purchase mloney, an;d commissions paid on void entries of public lands. Be it enacted by the Senate and House of.Representatives of the United States of Amlerica in Congress assembled, That in all cases where it shall, upon due proof being made, appear to the satisfiaction of the Secletary of the Interior that innocent parties have paid tlhe fees and comniissions and excess payments required uponI the location of claims under the act entitled "An act to amend (an act entitled 'An act to enable honorably discharged soldiers and sailors, their widows and orphllan children, to acquire homesteads on the public lands of the United States,' and amendments thereto," approved March third, eighteen hundred and seventy-three, and now incorporated in section twenty-three hundred and six of the Revised Statutes of thle United States, which said claims were, after such location, found to be fiaudulent aud void, anld the entries or locations made thereon canceled, the Secretary of the Interior 180 TITLE TO PUBLIC LANDS. is authorized to repay to such ilnocent parties the fees and commissions anl( excess payments paid by them, uponl the surrender of tile receipts issued therefor by the receivers of )ulblic moneys, out of any mloney in the Treasury not otherwise appropr iated, and shall be payable out of the appropriation to refund purchase money on lands erroneously sold by the United States. SEC. 2. In all cases where homiestead or timber-culture or desert-land entries or other entries of public lands Ilave heretotore or shall hereafter be canceled Ior conflict, or where, fiom any cause, the entry has been erroneously allowed and can not be confirmed, the Secretary of the Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, tlme fees and commissions, amount of purchase moiney, and excess paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whienever such entry shall lhave been duly canceled by the Commissioner of the General Landl Office, and in all cases where )parties have paid double-minimum prl ice for land wllich has afterwards beenl found not to be witliin tlhe limits of a railroad laund grant, the excess ot one dollar and twenty-five cetnts per acre shall in like manner be repaid to the plurchaser thereof, or to tlle heirs or assigns. SEC. 3. Thle Secretary of the Interior is authorized to make the payments herein provided for, out of any money in the Treasury not otherwise appropriated. SEC. 4. The Commissioner of tlie (General Land Oflice shall make all necessary rules, atnd issue all necessary instructionms, to carry the provisions of this act into etfect; and for the repayment of the purchase money and fees herein provided for the Secretary of the Interior sllall draw his warrant on the Treasury and the same shall be paid without regard to thie date of tle cancellation of tlhe entries. Approved, June 16, 18I0. (21 Stat., 287). [No. 22.1 SETTLERS ON RESTORED RAILROAD LANDS. AN ACT for the relief of certain settlers on restored railroad lands. Be it enacted by the Senate and lHouse of Representatives of' the United States of America in Congress assembled, That all persons who shall have settled aLnd made valuable and permanent improvements upon any odd numbered section of land within any railroad withdrawal in good faith and with the permission or license of the railroad company for whose benefit the same shalll lave been maide, and with the expectation of purchasing of such company the land so settled upon, which land so settled upon and improved may, for any caufse, be restored to tle public domain, and who, at the time of sucli restoration, may not be entitled to enter and acquire title to such land under the preeml)tion, 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 Office may prescribe, to purchase not to exceed one hundred and sixty acres in extent of the same by legal subdivisions, at the price of two dollars and fifty cents per acre, anld to receive patents therefor. Approved, January 13, 1881. (21 Stat., 315.) TITLE -TO PUBLIC LANDS. 181 [No. 23.1 CLIMATIC 11INDRANCES. AN ACT to amend section 2297 of the Revised1 Statutes, relating to hiomestead settlers. -Be it enacted by tMe Senate and House of' RepresetatVres of the United Sf(tates of America in Congress assembled, That scce ion numbered twen~tytwo I iu n dredl arid nitiety.sevenj, of title iiumbered thirty-two, be amended l)y a(ldinigthiereto the followinigl provi~so, namtiely: Provided, That w'here thiere, may be climatic reasons thie C/omrnissionier of the General JLaid Office may, in his (liscretion, allow the settler twelve months from the date of filing in which to commence his residence on said land tinder such rules and regulations as lie may prescribe. Approved, March 3, 1881. (21 stat.; 511.) [No. 24.] SPECIAL SURVE"Y DEPOSITS. AN ACT making appropriations for sundry civil expenses of the Covernmeiit for the fiscal yeair ending.Jine thirtiethi, (eighteen hundred.andl eighty-three. and for other purposes. Provided further, That no certificate issued for a deposit of money for the survey of lands midi~er section twenity-fbour hundred and three of the Revisedl Statutes, amIl. time act approved March thjird, eighteen hundred and seventy-inamendatory thereof. shall be received in p~ayment for lands except at thme lanad office in which the lands surveyed for which the deposit was made a-re subject to eiitry, and not elsewhere; but this section shall not be held to impair, prejadice, or affect in aiiy mariner certificates issuedl or deposits and contracts made nuder the provisions of said act prior to the p)assage of this act. Approved, August 7, 1882. (22d Stat., 327.) [ No. 25.1 REGISTERS' AND RECEIVEIRS' FEES. AN ACT in relation to certain fees allowed registers and receivers. Be it enacted by the Senate and House of Representatlives of the United States of America in Congress assembled, That the, fee allowed registers and receivers for testimony reduced by themi to writing for claimants, in establishing preemption and homestead rights and mineral. entries, and in contested cases, shall not be considered or taken into account in determining the maximum of complensation of said officers. SEC(,. 2. That registers, and receivers shall, upou application, furnish plats or diagrams of townships in their respective districts showinig 182 TITLE TO PUBLIC LANDS. what lands are vacant and what lands are taken, and shall be allowed to receive compensation therefor from the party obtaining said plat or diagram at such rates as may be prescribed by the Commissioner of the (General Land Office; and sai( officers shall, upon application by the proper State or Territorial authorities, furnish, for the purpose of taxa. tion, a list of all lands sold in their respective districts, together with the names of the purchasers, and shall be allowed to receive compensation for the same not to exceed ten cents per entry; and the sums thlus received for plats and lists shall not be considered or taken into account in determining the maximum of compensation of said officers. Approved, Marclh 3, 1883. (22 Stat., 484.) [No. 26.],ANDS IN ALASKA. AN ACT providing a. civil government for Alaska. * *: @ * *t * * SEC. 8. Tha.t tile ssaid District of Alask.a is hereby created a land district, and a United States land office for sa.id district is hereby located at Sitka. Tle commissioner providedl foir by this act, to reside at Sitha, shall be ex officio register of said lalnd office, and the clerk provided for by this act shall be ex officio receiver of public moneys, and the marshal provided for by thlis act shall be ex officio surveyor-general of said district, and the laws of the United States relating to mining claims, and the riglhts incident thereto, shall, from and after tlhe passage of this act, be in ll full fore and effect in said district, under tlhe adiinistration thereof hereiln provided for, subject to such regulations as may be nade by thle Secretary of tle Interior, )approved by the President: 1'rorided, That the Indians or otler lpersolns in said district shall not be disturbed in tlhe possession of any lands actually in their use or occupation or now claimed by them, but the terms under which such persons may acquire title to such lalnds is reserved for future legislation by Congress: And provided fu(rther, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid: And provided also, That the land, not exceeding six hundred and forty acres, at any station now occupied as missionary stations among the Indian tribes in said section, with the improvements thereon erected by or for such societies, shall be continued in the occupancy of tle several religious societies to which said missionary stations respectively belong until action by Congress. But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States. rove May 11. (23 Stat. 4 Approved, May 17, 1884. (23 Stat., 24.) TITLE TO PUBLIC LANDS. 183 [No. 27.] INDIAN HOMESTEADS. AN ACT making appropriations for the current and contingent expenses of the Indian Dopartllent, and for fulfilling treaty stipulations witli various Indian tribes, for the ye.ir ending June thirtieth, eighteen hundred and eighty-five, and for other purposes. That such Indians as may now be located on public lands, or as may under the direction of the Secretary of the Interior, or otherwise, hereafter so locate may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid such Indians in making selections of homesteads and the necessary proofs at the proper land offices, one thousand dollars, or so much thereof as may be necessary, is hereby appropriated; but no fees or commissions shall be charged on account of said entries or proofs. All patents therefor shall be of the legal effect, and declare that the United States does and will hold the land thus entered for the period of twenty-five years, in trust for the sole use and benefit of tlhe Indian by whom such entry sllall have been made, or, in case of his decease, of his widow and heirs according to the laws of the State or Territory wlhere such land is located, and at tlhe expiration of said period tlhe United States will convey tle same by patent to said Indiain, or his widow and heirs as aforesaid, in fee, discharged of said trust anll free of all charge or incumbrance whatsoever. Approved, July 4, 1884. (23 Stat., 96.) [No. 28S.] SETTLERS WITHIN RAILROAD LIMITS. AN ACT to protect homestead settlers within railway limits and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all homestead settlers on public lands within the railway limits restricted to less than one hundred and sixty acres of land who have heretofore made or may hereafter make the additional entry allowed either by the act approved March third, eighteen hundred and seventy-nine, or the act approved July first, eighteen hundred and seventy-nine, after having made final proof of settlement andl cultivation under the original entry shall be entitled to have the lands covered by the additional entry patented without any further cost or proof of settlement and cultivation. Approved May 6, 1886. (24 Stat., 22.) [No. 29.] REGISTERS' AND RECEIVERS' FEES-\ACTS OF AUGUST 4, 1886, AND MARCH 3, 1887. * * * * # * # Hereafter all fees collected by registers or receivers, from any source whatever, which would increase their salaries beyond three thousand 184 TITLE TO PUBLIC LANDS. dollars each a year shall be covered into the Treasury, except only so much as may be necessary to pay the actual cost of clerical services employed exclusively in contested c:ases; and they shall make report quarterly, under oatll, of all expenditures for such clerical services, with vouchers therefor. Act approved August 4, 1886 (24 Stat., 239). and act apl)roved March 3, 1887 (Id., 526). INo. 30.] RE-IMBITURA EMENT FOR FhAILURE OF TITLE IN NEBRASKA AND KANSAS. AN ACT for the relief of settlers andl pnrcll:lsers of lan1s o11 the publllic domain in the Staltes of Nelbraskal and Kansas. Be it enacted by the Senate and Hlouse of Representatives of the United States of America in Congress assembled, That fir thle purpose of re-imbursing ]personls, an,ll tle granltees, heirs, and devisees of persons, who, under the homestead, preelmption, or other laws, sett led upoIl or purchased ltn(ls within the grant made by an act entitled "Alu act for a grant of lanids to the State o)f IKansas to aid in the construction of tlle Northern Kansas Railroad and Telegraph," approved July twenty-third, eighteen hundred and sixty-six, and to wholn patents have been issued therefor, but against whiclh persons, or their grantees, heirs, or devisees, decrees lave been or may hereafter be reondered by the United States circuit courts on accoullt of tlhe priority of said grant Inmade in the act above entitled, the sum ot two huldred and fifty thousand (lollars, or so much thereof as sh-all be required for said Iurpose, is h]ereby appropri:lted: Provided, Ioiowever, That no part of salid suil shall lbe p)aid to anyone of said p)arties until lie shall have filed with the Secretary of thle Ilnterior ' copy of tlle sali(l decree, duly certified, alnd also a certificate of the judge of said court reindering thle sanie to the effect that such a decree was rendered in a b)ola fide controversy between a plaintiff showing title, under tlIe grant Imade in,said act and a defendant holding the patent or ]holdlig by deed under tlhe )atentee, and tlhat the decision was in favor of tle plaintiff on thle ground of the priority of the grant mnade by said act to the filing, settlement, or purchase by the defendant or his grantor; and said claimant shall also file with the said decree and certificate a bill of the costs in suchl case, dully certified by the judge and clerk of' said court. 'l'lThreupon it sllall be the duty of the Secretary of the Interior to ad,just tlhe amount due to each defendant on the basis of what lie shall have paid, not exceeding tlhree dollars and fifty cents per:acre for the tract, his title to wlhiclh shall have failed as aforesaid, alld tlle costs appearing by the bill thereof so certified as hlereinbefore lprovi(led. I- e shall then make a reqluisition uponl tile Treasury for tlhe snum found to be due to such claimlant, or his heirs andl devisees or assigcns, and shall pay thle same to him, taking such release, acquittance, or discharge as shall forever bar anlly fuirther claim against the United States on account of' the failure of the title as aforesaid: Provided further, Tllat wlhen any persol, his grantees, heirs, assigns, or devisees, shall prove to the satisfaction of the Secretary of tlhe Interior that his case is like the case of those described in thle preceding portions of this act, except tlhat lie has not been sued and subjected to judgment as hlereinbefore plrovided, and th:Lt lhe h]as in good faith paid to the person hlolding the prior title by the grant herein TITLE TO PUBLIC LANDS. 185 referred to the sum demanded of him, without litigation, such Secretary shall pay to such person such sum as he has so paid, not exceeding three dollars and fifty cents per acre, taking his release therefor as hereinbefore provided. SEC. 2. Tlhat the provisions of this act shall only apply to the actual and bona fide settlers on the lan(ls lerein referred to, his or their heirs, assigns, or legal representatives, and lno one person shall be entitled to the benefits of this act for compelnsation for more tlan one hundred and sixty acres of ]and(: Provided, Tlat all other persons who purchased ally part of said land at one dollar lad twenty-five cents per acre, and the money was actually paid into tlhe Treasury, such person, his heirs, assigns, or legal relresentatives shall be entitled to repayment of the molney so actually paidl by them. Approved, March 3, 1887. (24 Stat., 550.) [No. 31.] AD.TJUSTMENT OF IAILIOAD) LAND GRANTS. AN ACT to provide for the adijustment of land granlts made lby Congress to aid in the construction of railroads, and for the forfeiture of unearned lands, and for other purlposes. Be it en(acted by lthe Senate (and House of Representatives of the United States of Aqvmerzica in Confgrcss assembled, Tlhat tlhe Secretary of the Interior be, and is hereby authorized and directed to immediately adjust, in accordance witl the decisions of tlhe Supreme Court, each of the railroad ]land( grants mllade by Congress to aid in the construction of railroads and heretofore unladjusted. SE(. 2. Tlhat if it shaill lappear, upon the completion of such adjustmenlts resplectfully [respectively], or sooner, that lands liave been, from ally cause, heretofore erroneously certified or patented, by the United States, to or lor the use or benefit of any company claiming by, through, or unlder grant from the United States, to aid in the construction of a railroad, it shall be the duty of the Secretary of the Interior to thereupon demand from such company a relinquishment or reconveyance to the United States of all such lands, whether within granted or indemnity limits; and if such company shall neglect or fail to so reconvey such lands to the United States within ninety days after the aforesaid demand shall lhave been madle, it slall thereupon l)e the duty of the AttorneyGeneral to commence and prosecute in the proper courts the necessary proceedings to clancel all patents, certification, or other evidence of title heretofore issued ior such lands, and to restore the title thereof to the United States. SEC. 3. Tlhat if, il the adjustment of said grants, it shall appear that the ]omestead or ])reeml)ption entry of any bona fide settler has been erroneously cancele(l on account of any railroad grant or the withdrawal of publlic lands from market, such settler upon application shall be reinstated in all his rights and allowed to perfect his entry by complying with tlhe public land laws: Provided, That he has not located another claimll or imlade an entry in lieu of the one so erroneously canceled: And provided also, That lle did not voluntarily abandon said original entry: And prolrided further, That if any of said settlers do not renew their application to be reinstated within a reasonable time, to be fixed by the 18.6 TITLE TO PUBLIC LANDS. Secretary of the Interior, then all such unclaimed lands shall be disposed of under the public land laws, with priority of right given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchasers, then to bona fide settlers residilg thereon. SEC. 4. That as to all lands, except those mentioned in the foregoing sectioln, which have been so erroneously certified or patented as aforesaid, and which ]have been sold by the grantee company to citizens of the Ullite(l States, or to persoils who have declared their intention to become sucll citizens, the person or persons so purchasing in good faith, lIis heirs or assigns, slall be entitled to the land so purchased, upon naking proof of tile fact of such purchase at the proper land office, within such time and under sucl rules as may be prescribed by the Secretary of tlhe Interior, after tile grants respectively sllall have been adjusted; and patents of tlhe United States shall issue theretor, and shall relate back to the date of tlie original certification or p)atentinlg, and the Secretary of tlle Interior, on behalf of the United States, shall demand payment from the company which has so disposed of sucl l an(ls of anl amount equal to the Government price of similar ]alnds; 1and il case of neglect or refusal of such company to make payment as hereafter specified, witlli ninety days after tlle demand sllall lhave been made, the Attorney-General shall cause suit or suits to be brouglht against such companly for the said amount: P'rovid(d lThat notling in this act shall prevellt anly purchaser of lands erroneously withldrawn, certified, or patelted as aforesaid from recovering the purchase money therefor from the grantee company, less tile amount paid to tile United States by sucll company as by this act required: And provided, That a mortgage or pledge of said lands by the company sllall not be considered as, a sale for the purpose of this act, nor shall this act be construed as a declaration of forfeiture of any portion of ally land-grant for conditions broken, or as authorizing an enitry for the same, or as a waiver of any rights tlat the United States may have on account of any breach of said conditions. SEC. 5. That where any said company shall have sold to citizens of the United States, or to persons who have declared tleir intention to become such citizens, as a part of its grant, lands not conveyed to or for the use of suclh company, said lands being the numbered sections prescribed in tlhe grant, and being coterminous with the constructed parts of said road, and where the laids so sold are for anyreason excepted from the operation of the grant to said company, it shall be lawful for the bona fide purchaser thereof from said company to make payment to the United States for said lands at the ordinary Government price for like lands, and thereupon patents shall issue therefor to the said bona fide purchaser, his heirs or assigns: Provided, That all lands shall be excepted from thle provisions of this section which at the date of such sales were in the bona fide occul)ation of adverse claimants under tlhe preemption or homestead laws of tlhe United States, and whose claims and occupation have not since been voluntarily abandoned, as to which excepted lands the said preemption and homestead claimants shall be permitted to Ierfect theirproofs and entries and receive patents therefor: Provided ftrther, That this section shall not apply to lands settled upon subsequent to the first day of December, eighteen hundred and eightytwo, by persons claiming to enter the same under the settlement laws of the United States, as to which lands the parties claiming the same as aforesaid shall be entitled to prove up and enter as in other like cases. SEC. 6. That where any such lands have been sold and conveyed, as the property of any railroad company, for the State and county taxes TITLE TO PUBLIC LANDS. 187 thereon, and the grant to such company has been thereafter forfeited, the purchaser thereof shall have the prior right, which shall continue for one year from the approval of this act, and no longer, to purchase suclh lands from the United States at the Government price, and patents for such lands shall thereupon issue. Provided, That said lands were nlot, previous to or at the time of the taking effect of such grant, in the possession of or subject to the right of any actual settler. SEc,. 7. That no more lands shall be certified or conveyed to any State or to any corporation or individual, for the benefit of either of the companies herein mentioned, where it shall appear to the Secretary of the Interior that such transfers may create an excess over the quantity of lands to whiclh said State corporation or individual would be rightfully entitled. Approved, M:archll 3, 887. (24 Stat., 556.) [No. 32.] PUBLIC, LANDS WITHDRAIWN FROM PRIVATE ENTRY, EXCEPT IN MISSOUIRI-I(:)MESTEAD LAWS MODIFIED. AN ACT to withdraw certain public lands fronm 1rivate eniry, and for other pur)poses. Be it enacted, by the Senate and Hous Rese o' Rcpesntatives of the United States of America in Coingress assembled1, Tllht from and after the passage of this act no public lands of the United States, except those in the State of Missouri, shall be sutject to private entry. SEC. 2. That any person who has not heretofore perfected title to a tract of land of whi(h he has made entry nnder the homestead law, may make a homestead entry of not exceeding one-quarter section of public lanl subject to suclh entry, such previous filing or entry to the contrary notwithstanding; but this right shall not apply to persons who perfect title to lands under the preemption or homestead laws already initiated: Provided, That all preemption settlers upon the public lands whose claims have been initiated prior to the passage of this act may change such entries to homestead entries and proceed to perfect their titles to their respective claims under the homestead law notwithstanding they may lave heretofore had the benefit of such law, but such settlers who perfect title to such claims under the homestead law shall not thereafter be entitled to enter other lands under the preemption or homestead laws of the United States. SEC. 3. That whenever it shall be made to appear to the register and receiver of any public land office, under such regulations as the Secretary of the Interior may prescribe, that any settler upon the public domain under existing law is unable, by reason of a total or partial destruction or failure of crops, sickness, or other unavoidable casualty, to secure a support for himself, herself, or those dependent upon him or her upon the lands settled upon, then such register and receiver may grant to such a settler a leave of absence from the claim upon which he or she has filed for a period not exceeding one year at any one time, and such settler so granted leave of absence shall forfeit no rights by reason of such absence: Provided, That the time of such actual absence shall not be deducted from the actual residence required by law. 188 TITLE TO PUBLIC LANDS. SEC. 4. That the price of all sections and parts of sections of the public lands within the limits of the portions of tle several grants of lands to aid in the construction of railroads which lhave been heretofore and which may hereafter be forfeited, which were by the act making such grants or have since been increased to the double minimum price, and also of all lands within the litnits of any such railroad grant, but not embraced in such grant, lying adjacent to and coterminous with tlhe portions of the line of any such railroad whiclh sihll not be completed at the date of this act, is hereby fixed at one dollar and twenty-five cents per acre. SEC. 5. That any homestead settler who hlas heretofore entered less than one-quarter section of land may enter other and additional land lying contiguous to the original entry whicll shall not, with the land first entered and occupied, exceed in the aggregate one hundred and sixty acres, without proof of residence upon and cultivation of the additional entry; and if final proof of settlement and cultivation has been mlade for the original entry when tle additional entry is made, then the patent shall issue without firther proof: Provided, That this section shall not apply to or for tle bellefit of any person who at the date of making application for entry hereunder does not own and occupy the lands covered by his original enltry: And provided, That if the original entry should fail for [any reason prior to l)atelt, or should appear to be illegal or fraudulent, tle additional entry sllall not be permitted, or, if having been initiated, shall be canceled. SEC. 6. That every person entitled, under the provisions of the homestead laws, to enter a homestead, who has heretofore complied with or who shall hereafter comply witl the conditions of said laws, and wlo shall have made his final proof thereunder for a quantity of land less than one hundred and sixty acres and received tle receiver's final receipt therefor, shall be entitled under said laws to enter as a personal right, and not assignable, by legal subdivisions of the public lands of the United States subject to ]homestead entry, so muclh additional land as added to the quantity previously so entered by him slall not exceed one hundred and sixty acres: Irovided, That in no case shall patent issue for the land covered by such additional entry until the person making suclt additional entry shall have actually and in conformity with the homestead laws resided upon and cultivated tlhe lands so additionally entered, and otherwise fully complied witl such laws: Provided also, Tlat this section slhall lot be construed as affecting any rights as to location of soldiers' certificates heretofore issued under section two thousand three hundred and six of the Revised Statutes. SEC. 7. That the "act to provide additional regulations for homestead and preemltion entries of public lands," approved March third, eighteen hundred and seventy-nine, shall not be construed to forbid the taking of testimony for final proof within ten days following the day advertised as upon which such final proof shall be made in cases where accident or unavoidable delays hiave prevented the applicant or witnesses from making such proof on tlme date specified. SEC. 8. That nothing in this act shall be construed as suspending, repealing, or in any way rendlering inoperative the provisions of the act entitled "An act to provide for the disposal of abandoned and useless military reservations," approved July fifth, eighteen hundred and eighty-four. Approved, March 2, 1889. (25 Stat., 854.) TITLE TO PUBLIC LANDS. 189 [No. 33.1 DISPOSAL OF THE GREAT SIOUX INDIAN RESERVATION. AN ACT to divide a portion of the reservation of the Sioux Nation of Indians in l)akota into separate reservations:lnd to secure the relinquishment of the Indian title to the remainder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the followilg tract of land, being a part of the Great Reservation of the Sioux Nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Pi nlel idgeAgency, in the Territory of Dakota, namely: Beginning at the intersection of the one hundred and third meridian of longitude with the northern boundary of the State of Nebraska; thence north along said meridian to the South Fork of Cheyenne River, and down said stream to the mouth of Battle Creek; thence due east to White River; thence down White River to the moutll of Black Pipe Creek, on White River; thence due south to said north line of the State of Nebraska; thence west on said north line to the place of beginning. Also, the following tract of land situate in the State of Nebraska, namely: Beginningl at a point on the boundaryline between. the State of Nebraska and tlhe Territory of i'akota where the range line between ranges forty-four and forty-five west of the sixth principal meridian, in the Territory of Dakota, intersects said boundaryline; thence east along said boundary-line live miles; thence due south five miles; thence due west ten miles; thence due north to said boundaryline; thence due east along said boundary-line to the place of beginning: l'rovided, That the said tract of land in the State of Nebraskla shall be reserved, by Executive order, only so long as it may be needed for the use and protection of the Indians receiving rations and annuities at the Pine Ridge Agency. SEC. 2. That the following tract of land, being a part of the said Great Reservation of the Sioux Nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Rosebud Agency, int said Territory of Dakota, namely: Conumencing in the middle of tlie main channel of the Missouri River at the intersection of the south line of Brule County; thence down said middle of the main channel of said river to the intersection of the ninety-ninth degree of west longitude from Greenwich; thence due south to the forty-third parallel of latitude; thence west along said parallel to a point due south from the moutlh of Black Pipe Creek; thence due north to the mouth of Black Pipe Creek; thence down White River to a point intersecting the west line of Gregory County extended north; thence south on said extended west line of Gregory County to the intersection of the south line of Brule County extended west; thence due east on said south line of Brule County extended to the point of beginning in the Missouri lRiver, including entirely within said reservation all islands, if any, in said river. SEC. 3. That the following tract of land, being a part of the said Great Reservation of the Sioux Nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Standing Rock Agency, in the said Territory of Dakota, namely: Beginning at a point in the center of the main channel of the Missouri River, opposite the mouth of Cannon Ball River; thence down said center of the main channel to a point ten miles north of the mouth of the Moreau River, including also within said reserva 190 TITLE TO PUBLIC LANDS. tion all islands, if any, in said river; thence due west to the one hundred and second degree of west longitude from Greenwich; thence north along said meridian to its intersection with the South Branch of Cannon Ball River, also known as Cedar Creek; thence down said South Branch of Cannon Ball River to its intersection with the main Cannon Ball River, and down said main Cannon Ball River to the center of the main channel of the Missouri River at the place of beginning. SEC. 4. That the following tract of land, being a part of the said Great Reservation of the Sioux Nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Cheyenne River Agency, in the said Territory of Dakota, iamely: Beginning at a point in the center of the main channel of the Missouri River, ten miles north of the mouth of the Moreau River, said point being the southeastern corner of the Standing Rock Reservation; thence down said center of the main channel of the Missouri River, including also entirely within said reservation all islands, if any, in said river, to a point opposite the mouth of the Cheyenne River; thence west to said Cheyenne River, and up the same to its intersection with the one hundred and second meridian of longitude; thence north along said meridian to its intersection with a line due west from a point in the Missouri River ten miles north of the mouth of the Moreau River; thence due east to the place of beginning. SEC. 5. That the following tract of land, being a part of the said Great Reservation of the Sioux Nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Lower Brule Agency, in said Territory of Dakota, namely: Beginiiing on the Missouri River at Old Fort George; thence running due west to the western boundary of Presho County; thence running south on said western boundary to the forty-fourth degree of latitude; thence oin said forty-fourth degree of latitude to western boundary of township number sevenity-two; thence south on said township western line to anI intersecting line runling due west from Fort Lookout; thence eastwardly on said line to the center of the main channel of the Missouri River at Fort Lookout; thence north in the center of the main channel of the said river to the original starting point. SEC. 6. That the following tract of land, being a l)part of the Great Reservation of the Sioux Nation, in the Territory of Dakota, is hereby set apart for a permanent reservation for the Indians receiving rations and annuities at the Crow Creek Agency, in said Territory of Dakato, namely: The whole of township one hundred and six, range seventy; township one hundred and seven, range seventy-one; township one hundred and eight, range seventy-one; township one hundred and eight, range sev/enty-two; township one hundred and nine, range seventy-two, and the south half of township one hundred and nine, range seventy-one, and all except sections one, two, three, four, nine, ten, eleven, and twelve of township one hundred and seven, range seventy, and such parts as lie on the east or left bank of the Missouri River, of the following townships, namely: Township one hundred and six, range seventy-one; township one hundred and seven, range seventytwo; township one hundred and eight, range seventy-three; township one hundred and eight, range seventy-four; township one hundred and eight, range seventy-five; township one hundred and eight, range seventy-six; township one hundred and nine, range seventy-three; township one hundred and nine, range seventy-four; south half of township one hundred and nine, range seventy-five, and township one TITLE TO PUBLIC LANDS. 191 hundred and seven, range seventy-three; also the west half of township ole hulndred and six, range sixty-nine, and sections sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three, of township one hundred and seven, range sixty-nine. SEC. 7. That each member of the Santee Sioux tribe of Indians now occupying a reservation il the State of Nebraska not having already taken allotments shall be entitled to allotments upon said reserve in Nebraska, as follows: To each head of a family, one-quarter of a section; to each single person over eighteen years of age, one-eighth of a section; to each orphan child under eighteen years, one-eighth of a section; to each other person under eighteen years of age now living, one sixteenth of a, section; witli title thereto, in accordance with the provisions of article six of the treaty colncluded April twenty-ninth, eighteen hundred and sixty-eight, and the agreement with said Santee Sioux approved February twenty.-eighth, eighteen hundred and seventy-seven, and rights under the same in all other respects conforming to this act. And said Santee Sioux shall be entitled to all other benefits under this act in the same manner and with the same condltions as if they were residelts upon said Sioux Reservation, receiving rations at one of the agencies herein namedl: Provided, That all allotments heretofore made to said Santee Sioux in Nebraska are hereby ratified and confirmed; and each member of the Flandreau band of Sioux Indians is hereby authorized to take allotments on the Great Sioux leservation, or in lieu therefor shall be paid at the rate of one dollar per acre for the land to which they would be entitled, to be paid out of the proceeds of lands relinquished under tllis act, which shall be used under the direction of the Secretary of the Interior; and said Flandreau band of Sioux Indians is ill all other respects entitled to the benefits of this act the same as if receiving rations and annuities at any of the agencies aforesaid. SEC. 8. That the President is hereby authorized and required, whenever in his opiniol any reservation of such Indians, or any part thereof, is advantageous for agricultural or grazing purposes, and the progress in civilization of the Indianls receiving rations on either or any of said reservations shall be such as to encourage the belief that an allotment in severalty to such Indians, or any of them, would be for the best interest of said Indians, to cause said reservation, or so much thereof as is necessary, to be surveyed, or resurveyed, and to allot the lands in said reservation ill severalty to the Indians located thereon as aforesaid, in quantities as follows: To each head of a falmily, three hundred and twenty acres; to each single person over eighteen years of age, onefourth of a section; to each orphan clild under eighteen years of age, one-fourth of a section; allnd to each other person under eighteen years now living, or who may be born l)rior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-eighth of a section. In case there is not sufficient land in either of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted to each individual of each of said classes pro rata in accordance with the provisions of this act: Provided, That where tile lands on any reservation are mainly valuable for grazing purposes, an additional allotment of such grazing lands, in quantities as above provided, shall be made to each individual; or in case any two or more Indians who may be entitled to allotments shall so agree, the President may assign the grazing lands to 192 TITLE TO PUBLIC LANDS. which they may be entitled to them in one tract, and to be held and used in common. SEC. 9. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan clhild, and in such manner as to embrace the improvements of the Indians nIlking the selection. Where the imnprovements of two or more Indians have been made on the same legal subdivision of land, unless they shall otherwise agree, a provisional line may be run dividing said lands between them, and the amount to which each is entitled shall be equ;lized in the assignment of the remainder of the land to which they ire entitled under this act: Provided, That if any one entitled to an1 allotment shall fail to make a selection within five years after tle 'resident shall direct that allotments may be imade on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a slpecial algent apploiited for that purpose, to make a selection for sucll Indian, which selection shall be allotted as in cases where selections are made by tlhe Indians, and patents shall issue in like manner: Proviided, Trllat these sections as to the allotments shall not be compulsory witllout the consent of the majority of the adult memnbers of the tribe, excejpt that the allotments shall be made as provided for the orlllans. SEC. 10. That the allotments l)rovided for in this act shall be nmade by special agents appointed by the President for sucl l)purpose, land the agents in charge of the respective reservations on wlhicl the allotsmenets are directed to be made, under such rules and regulations ls the Secretary of the Interior may from time to time prescribe, and shall be certified by such agents to the Commissioner of Indian Affairs, il duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office. SEC. 11. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which )patents shall bl of the legal effect, and declare that the United States does anld will hold the lands thus allotted for the period of twenty-five years, il trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs, as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever, and patents shall issue accordingly. And each and every allottee under this act shall be entitled to all the rights and privileges and be subject to all the provisions of section six of the act approved February eighth, eighteen hundred and eighty-seven, entitled "An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians and for other purposes.7" ProDided, That the President of the United States may in any case, in his discretion, extend the period by a term not exceeding ten years; and if any lease or conveyance shall be made of the land set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such lease or conveyance or contract shall be absolutely null and void: Provided further, That tlhe law of descent and partition in force in the State or Territory where the lands TITLE TO PUBLIC LANDS. 193 may be situated shall apply thereto after patents therefor have been executed and delivered. Each of the patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. SEC. 12. That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner, if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian tribe for the purchase and release by said tribe, in conformity with the treaty or statute uudei which such reservation is held of such portions of its reservation not allotted as such tribe shall, from time to time, consent to sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress: Provided, however, That all lands adapted to agriculture, with or without irrigation, so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers, and shall be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Congress may make in aid of education: And provided, further, That no patent shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years' occupancy thereof as such homestead; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held in the Treasury of the United States for the sole use of the tribe or tribes of Indians to whom such reservation belonged; and the same, with interest thereon at five per ceuttum per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians, or the members thereof. The patents aforesaid sliall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. SEC. 13. That any Indian receiving and entitled to rations and annuities at either of the agencies mentioned in this act at the time the same shall take effect, but residing upon any portion of said Great Reservation not included in either of the separate reservations herein established, may, at his option, within one year from the time when this act shall take effect, and within one year after he has been notified of his said right of option iin such manner as the Secretary of the Interior shall direct by recording his election with the proper agent at the agency to which he belongs, have the allotment to which he would be otherwise entitled on one of said separate reservations upon the land where such Indian may then reside, such allotment in all other respects to conform to the allotments hereinbefore provided. Each member of the Ponca tribe of Indians now occupying a part of the old Ponca Reservation, within the limits of the said Great Sioux Reservation, shall be entitled to allotments upon said old Ponca Reservation as follows: To each head of a family, three hundred and twenty acres; to each single person over eighteen years of age, one-fourth of a section; to each orphan child under eighteen years of age, one-fourth of a section; and to each other person under eighteen years of age now living, oneeighth of a section, with title thereto and rights under the same in all 307 — 13 194 TITLE TO PUBLIC LANDS. other respects conforming to this act. And said Poneas shall Le entitled to all other benefits under this act in the same mantner and with the same conditions as it they were a part of the Sioux Nation receiving rations at one of the agencies herein named. When allotments to the Ponca tribe of Indians and to such other Indians as allotments are provided for by this act shall have been made upon that portion of said reservation which is described in the act entitled "An act to extend the northern boundary line of the State of Nebraska," approved March twenty-eighth, eighteen hundred and eighty-two, the President shall, in pursuance of said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder, and thereupon all of said land not so allotted and included in si;d act of March twenty-eighth, eighteen hundred and eighty-two, shall he open to settleinent as provided in this act: Provided, That the allotments to Ponca and other Indians authorized by this act to be made upon the land described in the said act entitled "An act to extend the northern boundary of the State of Nebraska," shall be made within six months fronm the time this act slall take effect. SEC. 14. That in cases where the use of water for irrigation is necessary to render the lands within any Indian reservation created by this act available for agricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such Indian reservation created by this act; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor. SEC. 15. That if any Indian has, under and in conformity with the provisions of the treaty with the Great Sioux Nation concluded April twenty-ninth, eighteen hundred and sixty-eight, and proclaimed by the President February twenty-fourth, eighteen hundred and sixty-nine, or any existing law, taken allotment of land within or without the limits of any of the separate reservations established by this act, such allotments are hereby ratified and made valid, and such Indian is entitled to a patent therefor in conformity with the provisions of said treaty and existing law and of the provisions of this act in relation to patents for individual allotments. SEC. 16. That the acceptance of this act by the Indians in manner and form as required by the said treaty concluded between the different bands of the Sioux Nation of Indians and the United States, April twenty-ninth, eighteen hundred and sixty-eight, and proclaimed by the President February twenty-fourth, eighteen hundred and sixty-nine, as hereinafter provided, shall be taken and held to be a release of all title on the part of the Indians receiving rations and annuities on each of the said separate reservations, to the lands described in each of the other separate reservations so created, and shall be held to confirm in the Indians entitled to receive rations at each of said separate reservations, respectively, to their separate and exclusive use and benefit, all the title and interest of every name and nature secured therein to the different bands of the Sioux Nation by said treaty of April twenty-ninth, eighteen hundred and sixty-eight. This release shall not affect the title of any individual Indian to his separate allotment on land not included in any of said separate reservations provided for in this act, which title is hereby confirmed, nor any agreement heretofore made with the Chicago, Milwaukee and Saint Paul Railroad Company or the Dakota Central Railroad Company for a right of way through said reservations; and for any lands TITLE TO PUBLIC LANDS. 195 acquired by any such agreement to be used in connection therewith, except as hereinafter provided; but the Chicago, Milwaukee and Saint Paul Railway Company and the Dakota Central Railroad Company shall, respectively, have the right to take and use, prior to any white person, and to any corporation, the right of way provided for in said agreements, with not to exceed twenty acres of land in addition to the right of way, for stations for every ten miles of road; and said companies shall also, respectively, have the right to take and use for right of way, side-track, depot and station privileges, machine-shop, freight-house, round-house, and yard facilities, prior to any white person, and to any corporation or association, so much of the two selarate sections of land embraced in said agreements; also, the former company so much of the one hundred and eighty-eight acres, and the latter company so much of the seveny-five acres, on the east side of the Missouri River, likewise embraced in said agreements, as the Secretary of the Interior shall decide to have been agreed upon and paid for by said railroad, and to be reasonably necessary upon each side of said river for approaches to the bridge of each of said companies to be constructed across the river, for right of way, sidetrack, depot and station privileges, machine-shop, freight-house, round-house, and yard facilities, and no more: Provided, That the said railway companies shall have made the payments according to the terms of said agreements for each mile of right of way and each acre of laid for railway purposes, which said companies take and use under the provisions of this act, and shall satisfy the Secretary of the Interior to that effect: 'rovided further, That no part of the lands herein authorized to be taken shall be sold or conveyed except by way of sale of, or mortgage of, the railway itself. Nor shall any of said lands be used directly or indirectly for town site purposes, it being the intention hereof that said lands shall be held for general railway uses and purposes only, including stock-yards, warehouses, elevators, terminal and other facilities of and for said railways; but nothing herein contained shall be construed to prevent any such railroad company from building upon such lands houses for the accommodation or residence of their employes, or leasing grounds contiguous to its tracks obr warehouse or elevator purposes connected with said railways: And provided frirther, That said payments shall be made and said conditions performed within six months after this act shall take effect: And provided Jurther, That said railway companies and each of them shall, within nine months after this act takes effect, definitely locate their respective lines of road, including all station grounds and terminals across and upon the lands of said reservation designated in said agreements, and shall also, within the said period of nine months, file with the Secretary of the Interior a map of such definite location, specifying clearly the line of road, the several station grounds, and the amount of land required for railway purposes, as herein specified, of the said separate sections of land and said tracts of one hundred and eighty-eight acres and seventy-five acres, and the Secretary of the Interior shall, within three months after the filing of such map, designate the particular portions of said sections and of said tracts of land which the said railway companies, respectively, may take and hold under the provisions of this act for railway purposes. And the said railway companies, and each of them, shall, within three years after this act takes effect, construct, complete, and put in operation their said lines of road; and in case the said lines of road are not definitely located and maps of location filed within the periods hereinbefore provided, or in case the said lines of road are not constructed, com 196 TITLE TO PUBLIC LANDS. pleted, and put in operation within the time herein provided, then, and in either case, the lands granted for right of way, station grounds, or other railway purposes, as in this act provided, shall, without any further act or ceremony, be declared by proclamation of the President forfeited, and shall, without entry or further action on the part of the United States, revert to the United States and be subject to entry under the other provisions of this act; and whenever such forfeiture occurs the Secretary of the Interior shall ascertain the fact and give due notice thereof to the local land officers, and thereupon the lands so forfeited shall be open to homestead entry under the provisions of this act. SEC. 17. That it is hereby enacted that the seventh article of the said treaty of April twenty-ninth, eighteen hundred and sixty-eight, securing to said Indians the benefits of education, subject to such modifications as Congress shall deem most effective to secure to said Indians equivalent benefits of such education, shall continue in force for twenty years from and after the time this act shall take effect; and the Secretary of the Interior is hereby authorized and directed to purchase, from time to time, for the use of said Indians, such and so many American breeding cows of good quality, not exceeding twenty-five thousand in number, and bulls of like quality, not exceeding one thousand in number, as in his judgment can be under regulations furnished by him, cared for and preserved, with their increase, by said Indians: Provided, That each head of family or single person over the age of eighteen years, who shall have or may hereafter take his or her allotment of land il severalty, shall be provided with two milch cows, one pair of oxen, with yoke and chain, or two mares and one set of harness in lieu of said oxen, yoke, and chain, as the Secretary of the Interior may deem advisable, and they shall also receive one plow, one wagon, one harrow, one hoe, one axe, and one pitchfork, all suitable to the work they may have to do, and also fifty dollars in cash; to be expended under the direction of the Secretary of the Interior in aiding such Indians to erect a house and other buildings suitable for residence or the improvement of his allotment; no sales, barters, or bargains shall be made by any person other than said Indians with each other, of any of the personal property hereinbefore provided for, and any violation of this provision shall be deemed a misdemeanor and punished by fine not exceeding one hundred dollars, or imprisonment not exceeding one year, or both in the discretion of the court; that for two years the necessary seeds shall be provided to plant five acres rf ground into different crops, if so much can be used, and provided that in the purchase of such seed preference shall be given to Indians who may have raised the same for sale, and so much money as shall be necessary for this purpose is hereby appropriated out of any money i the Treasury not otherwise alppropriated; and in addition thereto there shall be set apart, out of any money in the Treasury not otherwise appropriated, the sum of three millions of dollars, which said sum shall be deposited in the Treasury of the United States to the credit of the Sioux Nation of Indians as a permanent fund, the interest of which, at five per centum per annum, shall be appropriated, under the direction of the Secretary of the Interior, to the use of the Indians receiving rations and annuities upon the reservations created by this act, in proportion to tile numbers that shall so receive rations and annuities at the time this act takes effect, as follows: One-half of said interest shall be so expended for the promotion of industrial and other suitable education among said Indians, and the other half thereof in such manner and for such purposes, including reasonable cash payments per capita as, in TITLE TO PUBLIC LANDS. 197 the judgment of said Secretary, shall, from time to time, most contribute to the advancement of said Indians in civilization and self-support; and the Santee Sioux, the Flandreau Sioux, and the Ponca Indians shall be included in the benefits of said permanent fund, as provided in sections seven and thirteen of this act: Provided, That after the Government has been reimbursed for the money expended for said Indians under the provisions of this act, the Secretary of the Interior may, in his discretion, expend, in addition to the interest of the permanent fund, not to exceed ten per centum per annum of the principal of said fund in the employment of farmers and in the purchase of agricultural implements, teams, seeds, including reasonable cash payments per capita, and other articles necessary to assist them in agricultural pursuits, and he shall report to Congress in detail each year his doings hereunder. And at the end of fifty years froml the passage of this act, said fund shall be expended for the plurplose of promoting education, civilization, and self-support among said nldians, or otlerwise distributed among them as Congress shall from time to time thereafter determine. SEC.'18. That if any land in said Great Sioux Reservation is now occupied and used by any religious society for tlhe purpose of missionary or educational work among said Indians, whether situate outside of or within tlhe lines of any reservation constituted by this act, or if any such land is so occupied upon the Santee Sioux Reservation, in Nebraska, the exclusive occupation and use of said land, not exceeding one liundred and sixty act-es in any one tract, is hereby, with the approval of the Secretary of the Interior, granted to any such society so long as the same shall be occupied and used by such society for educational and missionary work among said Indians; and the Secretary of the Interior is hereby authorized and directed to give to such religions society patent of such tract of land to the legal effect aforesaid; and for the purpose of such educational or missionary work any such society may purchase, upon any of the reservations herein created, any land not exceeding in any one tract one hundred and sixty acres, not interfering with the title in severalty of any Indian, and with the approval of and upon such terms, not exceeding one dollar and twenty-five cents an acre, as slhall be prescribed by the Secretary of the Interior. And the Santee Normal Training School may, in like manner, purchase for such educational or missionary work on the Santee Reservation, in addition to the foregoing, in such location and quantity, not exceeding three hundred and twenty acres, as shall be approved by the Secretary of the Interior. SEC. 19. That all the provisions of the said treaty with the different bands of the Sioux Nation of Indians concluded April twenty-ninth, eighteen hundred and sixty-eight, and the agreement with the same approved February twenty-eighth, eighteen hundred and seventy-seven, not in conflict with the provisions and requirements of this act, are hereby continued in force according to their tenor and limitation, anything in this act to the contrary notwithstanding. SEC. 20. That the Secretary of the Interior shall cause to be erected not less than thirty school-lhouses, and more, if found necessary, on the different reservations, at such points as he shall think for the best interest of the Indians, but at such distance only as will enable as many as possible attending schools to return home nights, as white children do attending district schools: And provided, That any white children residing in the neighborhood are entitled to attend the said school on such terms as the Secretary of the Interior may prescribe. 198 TITLE TO PUBLIC LANDS. SEC. 21. That all the lands in the Great Sioux Reservation outside of the separate reservations herein described are hereby restored to the public domain, except American Island, Farm Island, and Niobrara Island, and shall be disposed of by the United States to actual settlers only, under the provisions of the homestead law (except section two thousand three hundred and one thereof) and under the law relating to town-sites: Provided, That each settler, under and in accordance with the provisions of said homestead acts, shall pay to the United States, for the land so taken by him, in addition to the fees l)rovided by law, the sum of one dollar and twenty-five cents per acre for all lands disposed of within the first three years after the taking effect of this act, and the sum of seventy-five cents per acre for all lands disposed of within the next two years following thereafter, and fifty cents per acre for the residue of the lands thei undisposed of, and shall be entitled to a patent therefor according to said homestead laws, and after the full payment of said sums; but the rights of honorably discharged Union soldiers and sailors in the late civil war as defined and described in sections twenty-three hundred and four and twentythree hundred and five of the Revised Statutes of the United States, shall not be abridged, except as to said sums: Provided, That all lands herein opened to settlement under this act remaining undisposed of at the end of ten years from the taking effect of this act shall be taken and accepted by the United States and paid for by said United States at fifty cents per acre, which amount shall be added to and credited to said Indians as part of their permanent fund, and said lands shall thereafter be part of the public domain of the United States, to be disposed of under the homestead laws of the United States, and the provisions of this act; and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of final entry, shall be null and void: Provided, That there shall be reserved public highways four rods wide around every section of land alloted, or opened to settlement by this act, the section lines being the center of said highways; but no deduction shall be made in the amount to be paid for each quartersection of land by reason of such reservation. But if the said highway shall be vacated by any competent authority the title to the respective strips shall inure to thle then owner of the tract of which it formed a part by the original survey. And provided.further, That nothing in this act contained shall be so construed as to affect the right of Congress or of the government of Dakota to establish public highways, or to grant to railroad companies the right of way through said lands, or to exclude the said lands, or any thereof, from the operation of the general laws of the United States nowin force granting to railway companies therig]htof way and depot grounds over and upon the public lands, Anmerican Island, an island in the Missouri River, near Chamberlain, in the Territory of Dakota, and now a part of the Sioux Reservation, is hereby donated to the said city of Chamberlain: Provided further, That said city of Chamberlain shall formally accept the same within one year from the passage of this act, upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persons shall have free access; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon the failure of any of said conditions the said island shall revert to the United States, to be disposed of by future legislation only. Farm Island, an island in the Missouri River near Pierre, in the Territory of Dakota, and now a part of the TITLE TO PUBLIC LANDS. 199 Sioux Reservation, is hereby donated to the said city of Pierre: Provided further, That said city of Pierre shall formally accept the same within one year from the passage of this act, upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persons shall have free access; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon the failure of any of said conditions the said island shall revert to the United States, to be disposed of by future legislation only. Niobrara Island, an island in the Niobrara River, near Niobrara, and now a part of the Sioux Reservation, is hereby donated to the said city of Niobrara: Provided further, That the said city of Niobrara shall formally accept tlhe same within one year from tlhe passage of this act, upon the express condition that the same shall be preserved and used for all time entire as a public park, and for no other purpose, to which all persois shall have free access; and said city shall have authority to adopt all proper rules and regulations for the improvement and care of said park; and upon the failure of any of said colnitions the said island shall revert to the United States, to be disposed of by future legislation only: And protided further, That if any full or mixed blood Indian of the Sioux Nation shall have located upon Farm Island, American Island, or Niobr}ira Island before the (late of the passage of this act, it slhall be the duty of the Secretary of the Interior, within thlree months from the time tlhis act shall have taken effect, to cause all improvements made by any such Indian so located upon. eitlher of said islands, and all damage tlhat may accrue to him by a removal therefrom, to be appraised, and upon the payment of the sum so determined, within six months after notice thereof by the city to which the island is herein donated to such Indian, said Indian slhall be required to remove from said island, and sliall be entitled to select instead of such location his allotment according to the provisions of this act ulpon any of the reservations herein established; or upon any land opened to settlement by this act not already located upon. SEC. "2. That all money accruing from tlhe disposal of lands in conformity witlh this act shall be paid into the Treasury of the United states and be applied solely as follows: F.irst, to tlhe reimbursement of the United States for all necessary actual expenditures contemplated and provided for under the provisionrs of this act, and the creation of the permanent fund hereinbefore provided; and after such reimbursement to tlhe increase of said permanent fund for the purposes hereinbefore provided. SEC. 23. That all personms who, between the twenty-seventh day of February, eighteen hundred and eighty-five, and the seventeenth day of April, eighteen hundred and eighty five, in good faith, entered upon or imade settlements with intent to einter the same under the homestead or preemption laws of the United States upon any part of the Great Sioux Reservation lying east of the Missouri River, and known as the Crow Creek and Winnebago Reservation, which by the President's l)roclamation of date February twenty-seventh, eighteen hundred and eighty-five, was declared to be open to settlement, and not included in the new reservation established by section six of this act, and who, being otherwise legally entitled to make such entries, located or attempted to locate thereon homestead, preemption, or town-site claims, by actual settlement and improvement of any portion of such land, shall, for a period of ninety days after the proclamation of the President required to be made by this act, haye a right to re-enter upon said claims and 200 TITLE TO PUBLIC LANDS. procure title thereto under the homestead or preemption laws of the United States, and complete the same as required therein, and their said claims shall, for such time, have a preference over later entries; and when they shall have in other respects shown themselves entitled and shall have complied with the law regulating such entries, and as to homesteads, with the special provisions of this act, they shall be entitled to have said lands, and patents therefor shall be issued as in like cases: Provided, That preemption claimants shall reside on their lands the same length of time before procuring title as homestead claimants under this act. The price to be paid for town-site entries shall be such as is required by law in other cases, and shall be paid into the general fund provided for by this act. SEC. 24. That sections sixteen and thirty-six of each township of the lands open to settlement under the provisions of this act, whether surveyed or unsurveyed, are hereby reserved for the use and benefit of the public schools, as provided by the act organizing the Territory of Dakota; and lwhether surveyed or unsurveyed, said sections shall not be subject to claim, settlement, or entry under the provision of this act or any of the land laws of the United States: Provided, howveer, That the United States slall pay to said Indians, out of any moneys in the Treasury not otherwise appropriated, the sum of one dollar and twentyfive cents per acre for all lands reserved under the provisions of this sections. SEC. 25. That there is hereby appropriated the sum of one hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, or so nmuch thereof as may be necessary, to be applied and usel towards surveying the lands herein described as being opened for settlement, said sum to be immediately available; whicl sum shall not be deducted from the proceeds of lands disposed of under this act. SEC. 26. That all expenses for the surveying, platting, and disposal of the lands open to settlement under this act shall be borne by the United States, and not deducted from the proceeds of said lands. SEC. 27. That the sum of twenty eight tlousand two hundred dollars, or so nmuch thereof as lmay be necessary, be, and hereby is, appropriated out of any money in tile Treasury not otherwise appropriated, to enable the Secretary of the Interior to pay to such individual Indians of the RIed Cloud and RIed Leaf bands of Sioux as he shall ascertain to have been deprived by the authority of tile United States of ponies in the year eighteen hundred and seventy-six, at the rate of forty dollars for eachl pony; and lie is hereby authorized to employ such agent or agents as he may deem necessary in ascertaining such facts as will enable him to carry out this provision, and to pay them therefor such sums as shall be deemed by him fair and just compensation: Provided, That the sum paid to each individual Indian under this provision shall be taken and accepted by such Indian in full compensation for all loss sustained by such Indian in consequence of the taking from him of ponies as aforesaid: And provided further, That if any Indian entitled to such compensation shall have deceased, the sum to which such Indian would be entitled shall be paid to his heirs at law, according to the laws of the Territory of I)akota. SEC. 28. That this act shall take effect, only, upon the acceptance thereof and consent thereto by the different bands of the Sioux Nation of Indians, in manher and form prescribed by the twelfth article of the treaty between the United States and said Sioux Indians concluded April twenty-ninth, eighteen hundred and sixty-eight, which said acceptance and consent, shall be made known by proclamation by the TITLE TO PUBLIC LANDS. 201 President of the United States, upon satisfactory proof presented to him that the same has been obtained in the manner and form required, by said twelfth article of said treaty; which proof shall be presented to him within one year from the passage of this act; and upon failure of such proof and proclamatiol this act becomes of no effect and null and void. SEC. 29. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, which sumi shall be expended, under the direction of the Secretary of the Interior, for procuring the assent of the Sioux Indians to this act provided in section twenty-seven. SEC. 30. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, March 2, 1889. (25 Stat., 888.) [No. 34.] BY THE PRESIDENT OF THE ItNITED STATES OF AMIERICA. A PROCLAMATION. AWhereas it is provided in the act of Congress, approved March second, eighteen hundred and( eighty-nine, entitled "An act to divide a portion of the reservation of the Sioux Nation of Indians in I)akota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," "that this act shall take effect only upon the acceptance thereof and consent thereto by the different bands of the Sioux Nation of Indians, in manner and form prescribed by the twelfth article of the treaty between the United States and said Sioux Indians concluded April twenty-ninth, eighteen hundred and sixty-eight, which said acceptance and consent shall be made kllown by proclamation by the President of the United States, upon satisfactory plroof presented to him that the same has been obtained in the manner and form required by said twelfth article of said treaty; which proof shall be presented to him within one year from the passage of this act; and upon failure of such proof and proclamation this act becomes of no effect and null and void;" and Whereas satisfactory proof has been presented to me that the acceptance of and consent to the provisions of the said act by the different bands of the Sioux Nation of Indians have been obtained in manner and form as therein required: Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the power in me vested, do hereby make known and proclaim tlhe acceptance of said act by the different bands of the Sioux Nation of Indians, and the consent thereto by them as required by the act, land said act is hereby declared to be in full force and effect, subject to all the provisions, conditions, limitations, and restrictions therein containied. All persons will take notice of the provisions of said act and of the conditions, limitations, and restrictions therein contained, and be goverterl accordingly. I furthermore notify all persons to particularly observe that by said act certain tracts or portions of the Great Reservation of the Sioux 202 TITLE TO PUBLIC LANDS. Nation in the Territory of Dakota, as described by metes and bounds, are set apart as separate and permanent reservations for the Indians receiving rations and annuities at the respective agencies therein named; That any Indian receiving and entitled to rations and annuities at either of the agencies mentioned iln this act at the time the same shall take effect, but residing upon any portion of said Great Reservation not included in either ot the separate reservations herein established, may, at his option, within one year from the time when this act shall take effect and within one year after lie has been notified of his said right of option in such imanner as the Secretary of the Interior shall direct, by recording his election with the proper agent at the agency to which he belongs, have the allotment to which he would be otherwise entitled on one of said separate reservations upon the land where such Indian may then reside. That each member of the Ponca tribe of Indians now occupying a part of the old Ponca Reservation, within the limits of the said Great Sioux Reservation, shall be entitled to allotments upon said old Ponca Reservation, in quantities as therein set forth, and that when allotments to the Ponca tribe of Indians, and to such other Indians as allotmeuts are provided for by this act, shall have been made upon that portion of said reservation which is described in the act entitled "An act to extend the northern boundary of the State of Nebraska," approved MIarch twenty-eighth, eighteen hundred and eighty-two, the Presidlelt shall, in pursuance of said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder, and thereupon all of said land not so allotted and included in said act of March twenty-eighth, eiglteen hundred and eighty-two, shall be open to settlement as provided in this act; That protection is guaranteed to such Indians as may have taken allotments either within or without the said separate reservations lundler the provisions of the treaty with the great Sioux Nation co(ncluded April twenty-ninth, eighteen hundred and sixty-eight; and tlhat lpovision is made in said act for the release of all title ol tlie 1)art of s;id Indians receiving rations and annuities onl each separate reservatiol to the lands described in each of the other separate reservations, ald to confirm in the Indians entitled to receive rations at each of said separate reservations, respectively, to their separate and exclusive use anld benefit, all the title and interest of every name alld nature secured to the different bands of the Sioux Nation by said treaty of April twenltyninth, eighteen hundred and sixty-eight; awl that saidl releasc shall not affect the title of any individual Indian to his separate alt1tlloent of land not included in any of said separate reservations, nor aly agreement heretofore made with tlhe Chicago, Milwaukele and Saint 'aul Railroad Company or the D)akota Ceiitrtal lRailroad Co(mp)any respecting certain lands for right of way, station grounds, etc., i egarding which certain prior rights and privileoges are reserved to and for the use of said railroad companies, respectively, upon1 the terms aid conditions set forth in said act; That it is therein lprovided that if any land in said Great Sioux Reservation is occupied and used by any religious society at the date of said act for the purpose of missionary or educational work among the Indians, whether situate outside of or within the limits of any of the separate reservations, the same, not exceeding one hundred and sixty acres in any one tract, shall be granted to said society for the purposes and upon the terms and conditions therein named, and Subject to all the conditions and limitations in said act contained, it is therein provided that all tlme lands in the Great Sioux Reservation TITLE TO PUBLIC LANDS. 203 outside of the separate reservations described in said act, except American Island, Farm Island, and Niobrara Island, regarding which islands special provisions are therein made, and sections sixteen and thirty-six in each township thereof (which are reserved for school purposes), shall be disposed of by the United States, upon the terms, at the price, and in the manner therein set forth, to actual settlers only, under the provisions of the homestead law (except section two thousand three hundred and one thereof) and under the law relating to town sites. That section twenty-three of said act provides " that all persons who, between the twenty-seventh day of February, eighteen hundred and eighty-five, and the seventeenth day of April, eighteen hundred and eighty-five, in good faith, entered upon or made settlements with intent to enter the same under the homestead or preemnltion laws of the United States upon any part of the Great Sioux leservation lying east of the Missouri River, and known as the Crow Creek and Winnebago Reservation, which, by the President's-proclamation of date February twenty-seventh, eighteen hundred and eighty-five, was declared to be open to settlement, and not included in the new reservation established by section six of this act, and who, being otherwise legally entitled to make such entries, located or attempted to locate thereon homestead, preemption, or town-site claims by actual settlement and improvement of any portion of such lands, shall, for a period of ninety days after the proclamation of the President required to be made by this act, have a right to reenter upon said claims and procure title thereto under the homestead or preemption laws of the United States, and complete the same as required therein, and their said claims shall, for such time, have a preference over later entries; and when they shall have in other respects shown themselves entitled and shall have complied with the law regulating such entries, and, as to homesteads, with the special provisions of this act, they shall be entitled to have said lands, and patents tlerefor shall be issued as in like cases, provided that preemption claimants shall reside on their lands the same length of time before procuring title as homestead claimants under this act. The price to be paid for town-site entries shall be such as is required by law in other cases and shall be paid into the general tflnd provided for by this act." It is, furthermore, hereby made known that there has been and is hereby reserved from entry or settlement that tract of land now occupied by the agency and school buildings at the Lower Brile Agency, to wit: The west half of the southwest quarter of section twenty-four; the east half of the southeast quarter of section twenty-three; the west half of the northwest quarter of section twenty-five; the east half of the northeast quarter of section twenty-six, and the northwest fractional quarter of tie southeast quarter of section twenty-six; all in township one hundred and four, north of range seventy-two, west of the fifth principal meridian; That there is also reserved as aforesaid the following-described tract within which the Cheyenne River Agency school and certain other buildings are located, to wit: Commencing at a point in the center of the main channel of the Missouri River opposite Deep Creek, about three miles south of Cheyenne River; thence due west five andone-half miles; thence due north to Cheyenne River; thence down said river to the center of the main channel thereof to a point in the center of the Missouri River due east or opposite the mouth of said Cheyenne River; tlhence down the center of the main channel of the Missouri River to the place of beginning: That, ill pursuance of the provisions co!tained in section one of said TITLE TO PUBLIC LANDS. act, the tract of land situate in the State of Nebraska and described in said act as follows, to wit: "Beginning at a point on the boundary line between the State of Nebraska and the Territory of Dakota, where the range line between ranges forty-four and forty-five west of the sixth principal meridian, il the Territory of Dakota, intersects said boundary line; thence east along said boundary line five miles; thence due south five miles; thence due west ten miles; thence due north to said boundary line; thence due east along said boundary line to the place of beginning," same is continued in a state of reservation so long as it may be needed for the use and protection of the Indians receiving rations and annuities at the Pine Ridge Agency. Warning is hereby also expressly given to all persons not to enter or make settlement upon any of the tracts of land specially reserved by the terms of said act or by this proclamation, or any portion of any tracts of land to which any individual member of either of the bands of the Great Sioux Nation or the Ponca, tribe of Indians shall have a preference right under the provisions of said act, and, further, to ill no wise interfere with the occupancy of any of said tracts by any of said Indians, or in any manner to disturb, molest, or prevent the peaceful possession of said tracts by them. The surveys required to be made of the lands to be restored to the public domain under the provisions of the said act and as in this proclamation set forth will be commenced and executed as early as possible. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this tenth day of February, in the year of our Lord one thousand eight hundred and ninety, and of the Independence of the United States the one hundred and fourteenth. [SEAL.] BENJ. HARRISON. By the President: JAMES (l. BLAINE, Secretary of State. [No. 35). DISPOSAL OF OKLAHOMA LANDS. AN AC'T making appropriations for the current and contingent expenses of the Indialn Iepartment, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and ninety, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * * * * SEMINOLE LANDS. SEC. 12. That the sum of one million nine hundred and twelve thoisand nine hundred and forty-two dollars and two cents be, and the same hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, to pay in full the Seminole Nation of Indians for all the right, title, interest, and claim which said nation of Indians may have in and to certain lands ceded by article three of the treaty TITLE TO PUBLIC LANDS. 205 between the United States and said nation of Indians which was concluded June fourteenth, eighteen hundred and sixty-six, and proclaimed August sixteenth, eighteen hundred and sixty-six, and which land was then estimated to contain two million one hundred and sixty-nine thousalnd and eighty acres, but which is now, after survey, ascertained to contain two million thirty-seven thousand four hundred and fourteen and sixty-two hundredths acres, said sum of money to be paid as follows: One million five hundred thousand dollars to remain in the Treasury of the United States to the credit of said nation of Indians and to bear interest at the rate of five per centum per annum from July first, eighteen hundred and eighty-nine, said interest to be paid semi-annually to the treasurer of said nation, and the sum of four hundred and twelve thousand nine hundred and forty-two dollars and twenty cents, to be paid to such person or persons as shall be duly authorized by the laws of said nation to receive the same, at such times and in such sums as shall be directed and required by the legislative authority of said nation, to be immediately available; this appropriation to become operative upon the execution of the duly appointed delegates of said nation, specially empowered so to do, of a release and conveyance to the United States of all the right, title, interest, and claim of said nation of Indians in and to said lands, in manner and form satisfactory to the President of the United States, and said release and conveyance, when fully executed and delivered, shall operate to extinguish all claims of every kind and character of said Seminole Nation of Indians in and to the tract of country to which said release and conveyance shall apply; but such release, conveyance, and extinguishment shall not inure to the benefit of or cause to vest in any railroad company any right, title, or interest whatever in or to any of said lands, and all laws and parts of laws so far as they conflict with the foregoing are hereby repealed, and all grants or pretended grants of said lands or any interest or right therein now existing in or on behalf of any railroad company, except rights of way and depot grounds, are hereby declared to be forever forfeited for breach of condition. SEC. 13. That the lands acquired by the United States under said agreement shall be a part of the public domain, to be disposed of only as herein provided, and sections sixteen and thirty-six of each township, whether surveyed or unsurveyed, are hereby reserved for the use and benefit of the public schools, to be established within the limits of said lands under such conditions and regulations as may be hereafter enacted by Congress. That the lands acquired by conveyance from the Seminole Indians hereunder, except the sixteenth and thirty-sixth sections, shall be disposed of to actual settlers under the homestead laws only, except as herein otherwise provided (except that section two thousand three hundred and one of the Revised Statutes shall not apply): And provided further, That any person who having attempted to, but for any cause, failed to secure a title in fee to a homestead under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make a homestead entry upon said lands: And provided further, That the rights of honorably discharged Union soldiers and sailors in the late civil war as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes shall not be abridged: And provided further, That each entry shall be in square form as near as practicable, and no person be permitted to enter more than one quarter section thereof; but until said lands are open for settlement by proclamation 206 TITLE TO PUBLIC LANDS. of the President no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall ever be permitted to enter any of said lands or acquire any right thereto. The Secretary of the Interior may, after said proclamation and not before, permit entry of said lands for town sites, under sections twentythree hundred and eighty-seven and twenty-three hundred and eightyeight of the Revised Statutes, but no such entry shall embrace more than one half section of land. That all the foregoing provisions with reference to lands to be acquired from the Seminole Indians, including the provisions pertailling to forfeiture, shall apply to and regulate the disposal of the lands acquired from the Muscogee or Creek Indians by articles of cessioln and agreement made and concluded at the city of Washington on the nineteenth day of January, in the year of our Lord eighteen hundred and eighty-nine. SEC. 14. The President is hereby authorized to appoint three commissioners, not more than two of whom shall be members of the same political party, to negotiate with the Cherokee Indians and with all other Indians owning or claiming lands lying west of the ninety-sixth degree of longitude in the Indian Territory for the cession to the United States of all their title, claim, or interest of every kind or character in and to said lands, and any and all agreements resulting from such negotiations shall be reported to the President and by him to Congress at its next session and to the council or councils of the nation or nations, tribe or tribes, agreeing to the same, for ratification, and for this purpose the sum of twenty-five thousand dollars, or as much thereof as maybe necessary, is hereby appropriated, to be immediately available: Provided, That said commission is further authorized to submit to the Cherokee Nation the proposition that said nation shall cede to the United States in the manner and with the effect aforesaid, all the rights of said nation in said lands upon the same terms as to payment as is provided in the agreement made with the Creek Indians of date January nineteenth, eighteen hundred and eighty-nine, and ratified by the lpresent Congress; and if said Cherokee Nation shall accept, and by act of its legislative authority duly passed, ratify the same, the said lands shall thereupon become a Ipart of the public domain for the purpose of such disposition as is herein provided, and the President is authorized as soon thereafter as he may deem advisable, byproclamation open said lands to settlement in the same manner and to the same effect as in this act provided concerning the lands acquired from said Creek Indians, but until said lands are opened for settlement by proclamation of the President, no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall be permitted to enter any of said lands or acquire any right thereto. SEC. 15. That the President may whenever he deems it necessary create not to exceed two land districts embracing the lands which he may open to settlement by proclamation as hereinbefore provided, and he is empowered to locate land offices for the same appointing thereto in conformity to existing law registers and receivers and for the purpose of carrying out this provision five thousand dollars or so much thereof as may be necessary is hereby appropriated. Approved, March 2, 18S9. (25 Stat., 1004.) TITLE TO PUBLIC LANDS. 207 [No. 36.] BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION Whereas, pursuant to section eight, of the act of Congress approved March third, eighteen hundred and eighty-five, entitled "An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and eightysix, and for other purposes," certain articles of cession and agreement were made and concluded at the city of Washington on the nineteenth day of January, in the year of our Lord eighteen hundred and eightynine, by and between the United States of America and the Muscogee (or Creek) Nation of Indians, whereby the said Mllscogee (or Creek) Nation of Indianis, for the consideration therein mentioned, ceded and granted to the United States, without reservation or condition, full and complete title to the entire western half of the domain of the said Muscogee (or Creek) Nation, in the Indian Territory, lying west of the division line surveyed and established under the treaty with said nation, dated the fourteenth day of June, eighteen hundred and sixty-six, and also granted and released to the United States all and every claim, estate, right, or interest of any and every description in and to any and all land and territory whatever, except so much of the former domain of said Muscogee (or Creek) Nation as lies east of said line of division surveyed and established as aforesaid, and then used and occupied as the home of said nation, and which articles of cession and agreement were duly accepted, ratified, and confirmed by said Muscogee (or Creek) Nation of Indians by act of its council, approved on the thirty- first day of January, eighteen hundred and eighty-nine, anid by the United States by act of Congress approved March first, eighteen hundred and eightynine, and Whereas, by section twelve of the act entitled "An act making app)rol)riations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stil)ulations with various Indian tribes, for the year ending Juine thirtieth, eighteen hundred and ninety, and for other purposes," approved March second, eighteen hundred and eighty-nine, a sum of money was appropriated to pay in full the Seminole Nation of Indians for all the right, title, interest, and claim which said nation of Indians might have in and to certain lands ceded by article three of the treaty between the United States and said nation of Indians, concluded June fourteenth, eighteen hundred and sixty-six, and proclaimed August sixteenth, eighteen hundred and sixty-six, said appropriation to become operative upon the execution by the duly apl)ointed delegates of said nation, specially empowered to (lo so, of a release and conveyance to the United States of all right, title, interest, and claim of said nation of Indians, in and to said lands, in muanner and form satisfactory to the President of tlhe United States, and Whereas said release and conveyance, bearing date the sixteenth day of March, eighteen hundred and eighty-nine. has been duly and fully executed, apl)roved, and delivered; and Whereas section thirteen of the act last aforesaid, relating to said lands, provides as follows: SEC. 13. That the lands acquired by the United States under said agreement shall be a part of the public domain, to be disposed of only as herein provided, and sections sixteen and thirty-six of each township, whether surveyed or unsurveyed, are hereby reserved for the use and benefit of the public schools to be established within 208 TITLE TO PUBLIC LANDS. the limits of said lands under such conditions and regulations as may be hereafter enacted by Congress. Thatthe lands acquired by conveyance from the Seminole Indians hereunder, except the sixteenth and thirty-sixth sections, shall be disposed of to actual settlers under the homestead laws only, except as herein otherwise provided (except that section two thousand three hundred and one of the Revised Statutes shall not apply): And provided further, That any person who having attempted to, but for any cause failed to secure a title in fee to a homestead under existing laws or who made entry under what is known as the commuted provision of the homestead laws shall be qualified to make a homestead entry upon said lands: And provided further, That the rights of honorably discharge&Union soldiers and sailors in the late civil war as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes shall not be abridged: And prorided further, That each entry shall be in square fdrm as nearly as practicable, and no person be permitted to enter more than one-quarter section thereof, but until said lands are opened for settlement by proclamation of the President, no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall ever be permitted to enter any of said lands or acquire any right thereto. The Secretary of the Interior may, after said proclamation and not before, permit entry of said lands for town-sites, under sections twenty-three hundred and eightyseven and twenty-three hundred and eighty-eight, of the Revised Statutes, but no such entry shall embrace more than one half section of land. That all the foregoing provisions with reference to lands to be acquired from the Seminole Indians, including the provisions pertaining to forfeiture, shall apply to and regulate the disposal of the lands acquired from the Muscogee or Creek Indians by articles of cession and agreement made and concluded at the city of Washington, on the nineteenth day of January, in the year of our Lord eighteen hundred and eighty-nine. Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the power in me vested by said act of Congress, approved March second, eighteen hundred and eighty-nine, aforesaid, do hereby declare and make known that so much of the lands, as aforesaid, acquired from or conveyed by the Muscogee (or Creek) Nation of Indians and from or by the Seminole Nation of Indians, respectively, as is contained within the following described boundaries, viz: Beginning at a point where the degree of longitude ninety-eight west from Greenwich, as surveyed in the years eighteen hundred and fiftyeight and eighteen hundred and seventy-one, intersects the Canadian River; thence north along and with the said degree to a point where the same intersects the Cimarron River; thence up said river, along the right bank thereof, to a point where the same is intersected by the south line of what is known as the Clierokee lands lying west of the Arkansas River or as the "Cherokee Outlet," said line being the north line of the lands ceded by the Muscogee (or Creek) Nation of Indians to the United States by the treaty of June fourteenth, eighteen hundred and sixty-six; thence east along said line to a point where the same intersects the west line of the lands set apart as a reservation for the Pawnee Indians by act of Congress approved April tenth, eighteen hundred and seventy-six, being the range line between ranges four and five east of the Indian meridian; thence south on said line to a point where the same intersects the middle of the main channel of the Cimarron River; thence up said river, along the middle of the main channel thereof, to a point where the same intersects the range line between range one east and range one west (being the Indian meridian), which line forms the western boundary of the reservation set apart, respectively, for the Iowa and Kickapoo Indians by executive orders dated, respectively, August fifteenth, eighteen hundred and eighty-three; thence south along said range line or meridian to a point where the same intersects the right bank of the North Fork of the Canadian River; thence up said river, along the right bank thereof, to the point where the same is intersected by the west line of the reservation occupied by the Citizen Band of Pottawatomies, and the Absentee Shawnee Indians, set apart TITLE TO PUBLIC LANDS. 209 under the provisions of the treaty of February twenty-seven, eighteen hundred and sixty-seven, between the United States and the Pottawatomie tribe of Indians and referred to in the Act of Congress approved May twenty-three, eighteen hundred and seventy-two; thence south along the said west line of the aforesaid reservation to a point where the same intersects the middle of the main channel of the Canadian River; thence up the said river, along the middle of the main channel thereof, to a point opposite to the place of beginning and thence north to the place of beginning (saving and excepting one acre of land in square form in the northwest corner of section nine, in township sixteen north, range two west, of the Indian Meridian in Indian Territory, and also one acre of land in the southeast corner of the northwest quarter of section fifteen, township sixteen north, range seven west, of the Indian Meridian in the Indian Territory; (which last described two acres are hereby reserved for Government use and control), will at and after the hour of twelve o'clock, noon, of the twenty-second day of April next, and not before, be open for settlement, under the terms of and subject to, all the conditions, limitations, and restrictions contained in said act of Congress approved March second, eighteen hundred and eighty-nine, and the laws of the United States applicable thereto. And it is hereby expressly declared and made known that no other parts or portions of the lands embraced within the Indian Territory than those herein specifically described, and declared to be open to settlement at the time above named and fixed, are to be considered as open to settlement under this proclamation or the act of March second, eighteen hundred and eighty-nine aforesaid; and Warning, is hereby again expressly given that no person entering upon and occupying said lands before said hour of twelve o'clock, noon, of the Twenty-second day of April, A. D. eighteen hundred and eightynine, hereinbefore fixed, will ever be permitted to enter any of said lands or acquire any rights thereto, and that the officers of the United States will be required to strictly enforce the provisions of the Act of Congress to the above effect. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this Twenty-third dlay of March, in the year of our Lord one thousand, eight hundred and eighty-nine, and of the independence of the United States the one hundred and thirteenth. |SEAL. ] BENJ. HARRISON. By the President, JAMES G. BLAINE, Secretary of State. [No. 37.] DISPOSAL OF OKLAHOMA LANDS. AN ACT to provide a temporary government for the Territory of Oklahoma, to enlarge the jurisdiction of the United States Court in the Indian Territory, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: * * * * * # # SEC. 18. That sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for 3073. — 14 210 TITLE TO PUBLIC LANDS. the purpose of being applied to the public schools in the State or States hereafter to be erected out of the same. In all cases where sections sixteen and thirty-six, or either of them, are occupied by actual settlers prior to survey thereof, the county commissioners of the counties in which such sections are so occupied are authorized to locate other lands to an equal amount, in sections or fractional sections, as the case may be, within their respective counties, in lieu of the sections so occupied. All the lands embraced in that portion of the Territory of Oklahoma heretofore known as the Public Land Strip shall be open to settlement under the provisions of the homestead laws of the United States, except section twenty-three hundred and one of the Revised Statutes, which shall not apply; but all actual and bona fide settlers upon and occupants of the lands in said Public Land Strip at the time of the passage of this act shall be entitled to have preference to and hold the lands upon which they have settled under the homestead laws of the United States, by virtue of their settlement and occupancy of said lands, and they shall be credited with the time they have actually occupied their homesteads, respectively, not exceeding two years, on the time required under said laws to perfect title as homestead settlers. The lands within said Territory of Oklahoma, acquired by cession of the Muscogee (or Creek) Nation of Indians, confirmed by act of Congress approved March first, eighteen hundred and eighty-nine, and also the lands acquired in pursuance of an agreement with the Seminole Nation of Indians by re-lease and conveyance, dated March sixteenth, eighteen hundred and eighty-nine, which may hereafter be open to settlement, shall be disposed of under the provisions of sections twelve, thirteen, and fourteen of the "Act making appropriations for the current and contingent expenses of the Indian Department, and foi fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and ninety, and for other purposes," approved March second, eighteen hundred and eighty-nine, and under section two of an "Act to ratify and confirm an agreement with the Muscogee (or Creek) Nation of Indians in the Indian Territory, and for other purposes," approved March first, eighteen hundred and eightynine: Provided, however, That each settler under and in accordance with the provisions of said acts shall, before receiving a patent for his homestead on the land hereafter opened to settlement as aforesaid, pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of one dollar and twenty-five cents per acre. Whenever any of the other lands within the Territory of Oklahoma, now occupied by any Indian tribe, shall by operation of law or proclamation of the President of the United States be open to settlement, they shall be disposed of to actual settlers only, under the provisions of the homestead law, except section twenty-tlree hundred and one of the Revised Statutes of the United States, which shall not apply: Provided, however, That each settler, under and in accordance with the provisions of said homestead laws, shall before receiving a patent for his homestead pay to the United States for the land so taken by him, in addition to the fees provided by law, a sum per acre equal to the amount which has been or may be paid by the United States to obtain a relinquishment of the Indian title or interest therein, but in no case shall such payment be less than one dollar and twenty-five cents per acre. The rights of honorably discharged soldiers and sailors in the late civil war, as defined and described in sections twenty-three hundred and four TITLE TO PUBLIC LANDS. 211 and twenty-three hundred and five of the Revised Statutes of the United States, shall not be abridged except as to such payment. All tracts of land in Oklahoma Territory which have been set apart for school purposes, to educational societies or missionary boards at work among the Indians, shall not be open for settlement, but are hereby granted to the respective educational societies or missionary boards for whose use the same has been set apart. No part of the land embraced within the Territory hereby created shall inure to the use and benefit of any railroad corporation, except the rights of way and land for stations heretofore granted to certain railroad corporations. Nor shall any provision of this act or any act of any officer of the United States, done or performed under the provisions of this act or otherwise, invest any corporation owning or operating any railroad in the Indian Territory or Territory created by this act, with any land or any right to any laud in either of said Territories, and this act shall not apply to or affect any land which, upon any condition on-becoming a part of the public domain, would inure to the benefit of, or become the property of, any railroad corporation. SEC. 19. That the portion of the Territory of Oklahoma heretofore known as the Public Land Strip is hereby declared a public land district, and the President of the United States is hereby empowered to locate a land office in said district, at such a place as he shall select, and to appoint in conformity with existing law a register and receiver of said land office. Hie may also, whenever he shall deem it necessary, establish another additional land district within said Territory, locate a land office therein, and in like manner appoint a register and receiver thereof. And the Commissioner of the General Land Office slall, when directed by the President, cause the lands within the Territory to be properly surveyed and subdivided where the same has not already been (lone. SEC. 20. That the procedure in applications, entries, contests, and adjudications in the Territory of Oklahoma shall be in form and manner prescribed under the homestead laws of the United States, and the general principles and provisions of the homestead laws, except as modified by the provisions of this act and the acts of Congress approved March first and second, eighteen hundred and eighty-nine, heretofore mentioned, shall be applicable to all entries made in said Territory, but no patent shall be issued to any person who is not a citizen of the United States at the time of making final proof. All persons who shall settle on land in said Territory under the provisions of the homestead laws of the United States and of this act shall be required to select the same in square form as nearly as may be; and no person who shall at the time be seized in fee simple of a hundred and sixty acres of land in any State or Territory shall hereafter be entitled to enter land in said Territory of Oklahoma. The provisions of sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes of the United States shall, except so far as modified by this act, apply to all homestead settlements in said Territory. SEc. 21. That any person entitled by law to take a homestead in said Territory of Oklahoma, who has already located and filed upon or shall hereafter locate and file upon a homestead within the limits described in the President's proclamation of April first, eighteen hundred and eighty-nine, and under and in pursuance of the laws applicable to the settlement of the lands opened for settlement by such proclamation, and who has complied with all the laws relating to such homestead 212 TITLE TO PUBLIC LANDS. settlement, may receive a patent therefor at the expiration of twelve months from date of locating upon said homestead upon payment to the United States of one dollar and twenty-five cents per acre for land embraced in such homestead. SEC. 22. That the provisions of title thirty-two, chapter eight, of the Revised Statutes of the United States, relating to "reservation and sale of town sites on the public lands," shall apply to the lands open or to be opened to settlement in the Territory of Oklahoma, except those opened to settlement by the proclamation of the President on the twenty-second day of April, eighteen hundred and eighty-nine: Provided, That hereafter all surveys for town sites in said Territory shall contain reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than ten nor more than twenty acres; and patents for such reservations, to be maintained for such purposes, shall be issued to the towns respectively when organized as municipalities: Providedfurther, That, in case any lands in said Territory of Oklahoma, which may be occupied and filed upon as a homestead, under the provisions of law applicable to said Territory, by a person who is entitled to perfect his title thereto under such laws, are required for town-site purposes, it shall be lawful for such person to apply to the Secretary of the Interior to purchase the lands embraced in said homestead or any part thereof for town-site purposes. Tie shall file with the application a plat of such proposed town site, and if such plat shall be approved by the Secretary of the Interior he shall.issue a patent to such person for land embraced in said town site, upon the payment of the sum of ten dollars per acre, for all the lands embraced in such town site, except the lands to be donated and maintained for public purposes as provided in this section. And the sums so received by the Secretary of the Interior shall be paid over to the proper authorities of the municipalities when organized, to be used by them for school purposes only. SEC. 23. That there shall be reserved public highways four rods wide between each section of lan(l ii said Territory, the section lines being the center of said highways; but no deduction shall be made, where cash payments are provided for, in the amnount to be paid for each quarter section of land by reason of such reservation. But if the said highways shall be vacated by any competent authority the title to the respective strips shall inure to the then owner of the tract of which it formed a part by the original survey. SEC. 24. That it shall be unlawful for any person, for himself or any company, association, or corporation, to directly or indirectly procure any person to settle upon any lands open to settlement in the Territory of Oklahoma with intent thereafter of acquiring title thereto; and any title thus acquired shall be void; and the parties to such fraudulent settlement shall severally be guilty of a misdemeanor, and shall be punished, upon indictment, by imprisonment not exceeding twelve months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment, in the discretion of the court. SEC. 25. That inasmuch as there is a controversy between the United States and the State of Texas as to the ownership of what is known as Greer County, it is hereby expressly provided that this act shall not be construed to apply to said Greer County until the title to the same has been adjudicated and determined to be in the United States; and in order to provide for speedy and final judicial determination of the controversy aforesaid the Attorney-General of the United States is hereby authorized and directed to commence in the name and on behalf of the TITLE TO PUBLIC LANDS. 213 United States, and prosecute to a final determination, a proper suit in equity in the Supreme Court of the United States against the State of Texas, setting forth the title and claim of the United States to the tract of land lying between the North and South Forks of the Red River where the Indian Territory and the State of Texas adjoin, east of the one hundredth degree of longitude, and claimed by the State of Texas as within its boundary and a part of its land, and designated on its map as Greer County, in order that the rightful title to said land may be finally determined, and the court, on the trial of the case, may, in its discretion, so far as the ends of justice will warrant, consider any evidence heretofore taken and received by the Joint Boundary Commission under the act of Congress approved January thirty-first, eighteen hundred and eighty-five; and said case shall be advanced on the docket of said court, and proceeded with to its conclusion as rapidly as the nature and circumstances of the case permit. Approved, May 2, 1890. (26 Stat., 81.) [No. 38.] MODIFIES LAWS RESPECTING AFFIDAVITS AND FINAL PROOFS IN LAND ENTRIES. AN ACT to amend section twenty-two hundred and ninety-four of the Revised Statutes of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-two hundred and ninety-four of the Revised Statutes be, and the same is hereby, amended so that it will read as follows: SEC. 2294. In any case in which the applicant for the benefit of the homestead, preemption, timber-culture, or desert-land law is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land office, he or she may make the affidavit required by law before any commissioner of the United States circuit court or the clerk of a court of record for the county in which the land is situated, and transmit the same with the fee and commissions to the register and receiver. That the proof of settlement, residence, occupation, cultivation, irrigation, or reclamation, the affidavit of non-alienation, the oath of allegiance, and all other affidavits required to be made under the homestead, preemption, timber-culture, and desert land laws may be made before any commissioner of the United States circuit court or before the judge or clerk of any court of record of the county or parish in which the lands are situated; 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 and receiver, when transmitted to them with the fee and commissions allowed and required by law. That if any witness making such proof or any applicant making any such affidavit or oath shall knowingly, wilfully, or corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths, he shall be deemed guilty of perjury, and shall be liable to the same pains and penalty as if he had sworn falsely before the register. That the fees for entries 214 TITLE TO PUBLIC LANDS. and for final proofs, when made before auy other officer than the register and receiver, shall be as follows: For each affidavit, twenty-five cellts. For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents. For each deposition of claimant or witness prepared by the officer, one dollar. Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction, shall be punished for each offense by a fine not exceeding one hundred dollars. Approved, May 26, 1890. (26 Stat., 121.) [No. 39.] RESERVOIR LANDS IN WISCONSIN AND MIINNESOTA MIADE SUBJECT TO HOMESTEAD ENTRY. AN ACT to authorize the President of the United States to cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain subject to entry under the homestead law, with certain restrictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby restored to the public domain all the lands described in certain proclamations of the President of the United States, dated March twenty-second, eighteen hundred and eighty, Executive Document numbered eight hundred and fifty-nine; also, April fifth, eighteen hundred and eighty-one, UExecutive Document numbered eight hundred and sixty-eight; also, February twentieth, eighteen hundred and eighty-two, Executive Document numbered eight hundred and seventy-four, withdrawing and withholding certain lands'from market or entry and reserving the same to aid in the construction of certain reservoirs to be built at the headwaters of the Mississippi and Saint Croix rivers, in the States of Minnesota and Wisconsin, and of the Chippewa and Wisconsin rivers, in the State of Wisconsin, and that these lands, when so restored, shall be subject to homestead entry only. SEC. 2. That in all cases where any of the lands restored to the public domain by the first section of this act have heretofore been sold or disposed of by the proper officers of the United States under color of the public land laws, and the consideration received therefor is still retained by the Government, the title of the purchasers may be confirmed if in the opinion of the Secretary of the Interior justice requires it; but all the lands by said first section restored shall at all times remain subject to the right of the United States to construct and maintain dams for the purpose of creating reservoirs in aid of navigation; and no claim or right to compensation shall accrue from the overflowing of said lands on account of the construction and maintenance of such dams and reservoirs. SEC. 3. That no rights of any kind shall attach by reason of settlement or squatting upon any of the lands hereinbefore described before the day on which such lands shall be subject to homestead entry at the several land offices, and until said lands are opened for settlement no person shall enter upon and occupy the same, and any person violating TITLE TO PUBLIC LANDS. 215 this provision shall never be permitted to enter any of said lands or acquire any title thereto. This act shall take effect six months after its approval by the President of the United States. Approved, June 20, 1890. (26 Stat., 169.) [No. 40.] FORFEITED RAILROAD LANDS. AN ACT to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,' That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now completed and in operation, for the construction or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any railroad company heretofore granted. SEC. 2. That all persons who, at the date of the passage of this act, are actual settlers in good faith on any of the lands hereby forfeited and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the p)assage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual settlement or occupation; and any person who has not heretofore had the benefit of the homestead or preemption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights. SEC. 3. That in all cases where persons, being citizens of the United States or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such grant and hereby resumed by and restored to the United States, under deed, written contract with, or license from the State or corporation to which such grant was made, or its assignees, executed prior to January first, eighteen hundred and eighty-eight, or where persons may have settled said lands with bona fide intent to secure title thereto by purchase from the State or corporation when earned by compliance with the conditions or requirements of the granting acts of Congress, they shall be entitled to purchase the same from the United States, in quantities not exceeding three hundred and twenty acres to any one such person, at the rate of one dollar and twenty-five cents per acre, at any time within two years fromn the passage of this act, and on making said payment to receive patents therefor, and where any such person in actual possession of any such lands and having improved the same prior to the first day of January, eighteen hundred and ninety, under deed, written contract, or 216 TITLE TO PUBLIC LANDS. license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on account of the purchase price of said lands from it, onl proof of the amount of such payments he shall be entitled to have the same, to the extent and amount of one dollar and twenty-five cents per acre, if so much has been paid, and not more, credited to himl oml account of and as part of the purchase price herein provided to be paid thle United States for said lands, or such persons may elect to.abandon their purclases and make claim on said lands under the homestead law and as provided in the preceding section of this act: Provided, That ii all cases where parties, persons, or corporatiols, with the permission of such State or corporation or its assignees, are in the possession of and have made improvements upon any of the lands hereby resumed and restored, and are not entitled to enter the same under the provisions of this act, such parties, persons, or corporations shall have six months in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: PJrovided further, That the provisions of this section shall not apply to any lands situate in the State of Iowa on which any person ini good faith has made or asserted the right to make a preemption or homestead settlement: And provided further, That nothing in this act contained shall be construed as limiting the rights granted to purchasers or settlers by "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hundred and eighty-seven, or as repealing, altering, or amending said act, nor in any manner affecting any cause of action existing in favor of any purchaser against his grantor for breach of any covenants of title. SEC. 4. That section 5 of an act entitled "An act for a grant of lands to the State of Iowa in alternate sections to aid in the construction of a railroad in said State," approved May seventeenth, eighteen hundred and sixty-four, and section seven of an act entitled "An act extending the time for the completion of certain land grant railroads il the States of Minnesota and Iowa, and for other purposes," approved March tlird, eighteen hundred and sixty-five, and also section five of an act entitled 4'An act making an additional grant of lands to the State of Minnesota in alternate sections to aid in the construction of railroads in said States," approved July fourth, eighteen hundred and sixty-six, so far as said sections are applicable to lands embraced within the indemnity limits of said grants, be, and the same are hereby, repealed; and so much of the provisions of section four of all act approved June second, eighteen hundred and sixty-four, and entitled "An act to amend anl act entitled 'An act making a grant of lands to the State of Iowa in alternate sections to aid in the construction of certain railroads ill said State,'" approved May fifteenth, eighteen hundred and fifty-six, be, and the same are hereby, repealed so far as they require the Secretary of the Interior to reserve any lands but the odd sections within the primary or six-miles granted limits of the roads mentioned in said act of June second, eighteen hundred and sixty-four, or tlie act of which the same is amendatory. SEC. 5. That if it shall be found that any lands heretofore granted to the Northern Pacific Railroad Company and so resumed by the United States and restored to the public domain lie north of the line known as the "Harrison line," being a line drawn from Wallula, Washington, easterly to the southeast corner of the northeast one-fourth of the southeast quarter of section twenty-seven, in township seven north, of range TITLE TO PUBLIC LANDS. 217 thirty-seven east, of the Willamette meridian, all persons who had acquired in good faith the title of the Northern Pacific Railroad Company to any portion of said lands prior to July first, eighteen hundred and eighty-five, or who at said date were in possessionl of any portion of said lands or had improved the same, claiming the same under written contract with said company, executed in good faith, or their heirs or assigns, as the case may be, shall be entitled to purchase the lands so acquired, possessed, or improved, from the United States, at any time prior to the expiration of one year after it shall be finally determined tlhiat such lands are restored to the public domain by the provisions of this act, at the rate of two dollars and fifty cents per acre, and to receive patents therefor upon proof before the proper land office of the fact of such acquisition, possession, or improvement, and payment therefor, without limitation as to quantity: Provided, That the rights of way and il)arian rights lhe-etofore attempted to be conveyed to the city of Portland, in the State of Oregon, by 'the Northern Pacific Railroad Company and the Central Trust Company of New York, by deed of conveyance dated August eighth, eighteen hundred and eighty-six, and which are described as follows: A stri)p of land fifty feet in width, being twenty-five feet on each side of the center line of a water-pipe line, as the same is staked out and located, or as it shall be hereafter finally located according to the provisions of an act of the legislative assembly of the State of Oregon approved November twenty-fifth, eighteen hundred and eighty-five, providing for the means to supply the city of Portland with an abundance of good, pure, and wholesome water over and across the following-described tracts of land: Sections nineteen and thirty-one in township one south, of range six east; sections twentyfive, thirty-one, thirty-three, and thirty-five in township one south, of range five east; sections three and five in township two south, of range five east; section one in township two south, of range four east; sections twenty-three, twenty-five, and thirty-five in township one south, of range four east, of the Willamette meridian, in tlhe State of Oregon, forfeited by this act, are hereby confirmed unto the saiid city of Portland, in the State of Oregon, its successors and assigns forever, with the right to enter on the hereinbefore described strip of land, over and across the above-described sections for the purpose of constructing, maintaining, and repairing a water-pipe line aforesaid. SEc. 6. That no lands declared forfeited to the United States by this act shall by reason of such forfeiture inure to the benefit of any State or corporation to which lands may have been granted by Congress, except as herein otherwise provided; nor shall this act be construed to elnlarge the area of land originally covered by any such grant, or to confer any right upon any State, corlporation, or person to lands which were excepted from such grant. Nor shall the moiety of the lands granted to any railroad company on account of a main and a branch line appertaining to uncompleted road, and hereby forfeited, within the conflicting limits of the grants for such main and branch lines, when but one of such liues has been completed, inure by virtue of the forfeiture hereby declared to the benefit of the completed line. SEc. 7. That in all cases where lands included in a grant of land to the State of Mississippi, for the purpose of aiding in the construction of a railroad from Brandon to the Gulf of Mexico, commonly known as the Gulf and Ship Island Railroad, have heretofore been sold by the officers of the United States for cash, or with the allowance or approval of such officers have entered in good faith under the preemption or homestead laws, or upon which there were bona fide preemption or homestead claims on the first day of January, eighteen hundred and ninety, arising 218 TITLE TO PUBLIC LANDS. or asserted by actual occupation of the land under color of the laws of the United States, the right and title of the persons holding or claiming any such lands under such sales or entries are hereby confirmed, and persons claiming the right to enter as aforesaid may perfect their entry under the law. And on condition that the Gulf and Ship Island Railroad Company within ninety days from the passage of this act shall, by resolution of its board of directors, duly accept the provisions of the same and file with the Secretary of the Interior a valid relinquishment of all said company's interest, right, title, and claim in and to all such lands as have been sold, entered, or claimed, as aforesaid, then the forfeiture declared in the first section of this act shall not apply to or in anywise affect so much and such parts of said grant of lands to the State of Mississippi as lie south of a line drawn east and west through the point where the Gulf and Ship Island Railroad may cross the New Orleans and Northeastern Railroad in said State, until one year after the passage o(f this act. And there maybe selected and certified to or in behalf of said company lands in lieu of those hereinbefore required to be surrendered, to be taken within the indemnity limits of the original grant nearest to and opposite such part of the line as may be constructed at the date of selection. SEc. 8. That the Mobile and Girard Railroad Company, of Alabama, shall be entitled to the quantity of land earned by the construction of its road from Girard to Troy, a distance of eighty four miles. And the Secretary of the Interior in making settlement and certifying to or for the benefit of the said company the lands earned thereby shall include therein all the lands sold, conveyed, or otherwise disposed of by said company not to exceed the total amount earned by said company as aforesaid. And the title of the purchasers to all such lands are hereby confirmed so far as the United States are concerned. But such settlement and certification shall not include any lands upon which there were bona fide preemptors or homestead claims on the first day Qf January, eighteen hundred and ninety, arising or asserted by actual occupation of the land under color of the laws of the United States. The right hereby given to the said railroad company is on condition that it shall within ninety days from the passage of this act, by resolution of its board of directors, duly accept the provisions of the same and file with the Secretary of the Interior a valid relinquishment of all said company's interest, right, title, and claim in and to all such lands within the limits of its grant as have heretofore been sold by the officers of the United States for cash, where the Government still retains the purchase money, or with the allowance or approval of such officers have been entered in good faith under the preemption or homestead laws, or as are claimed under the homestead or preemption laws as aforesaid, and the right and title of the persons holding or claiming any such lands under such sales or entries are hereby confirmed, and all such claims under the preemption or homestead laws may be perfected as provided by law. Said company to have the right to select other lands, as near as practicable to constructed road and within indemnity limits, in lieu of the lands so relinquished. And the title of the United States is hereby relinquished in favor of all persons holding under any sales by the local land officers of the lands in the granted limits of the Alabama and Florida Railroad grant, where the United States still retains the purchase money but without liability on the part of the United States. Approved, September 29, 1890. (26 Stat., 496.) TITLE TO PUBLIC LANDS. 219 [No. 41.] SETTLERS ON NORTHERN PACIFIC RAILROAD INDEMNITY LANDS. AN ACT for the relief of settlers on Northern Pacific Railroad indemnity lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That those persons who, after the fifteenth day of August, in the year of our Lord eighteen hundred and eighty-seven, and before the first day of January, in the year eighteen hundred and eighty-nine, settled upon, improved, and made final proof on lands in the so-called second indemnity belt of the Northern Pacific Railroad Company's grant under the homestead and preemption laws of the United States, or their heirs, may transfer their said entries from said tracts to such other vacant surveyed Government land in compact form and in legal subdivisions, subject to entry under the homestead and preemption laws, as they may select, and receive final certificates and receipts therefor, in lieu of the tracts proved up on in said belt by the respective claimants: Provided, That such transfer of entry shall be made and completed within twelve months from the date of the passage of this act and be so made in person by the claimant, or, in case of death, by his legal representative, and without the intervention of agent or attorney. SEC. 2. That all persons possessing the requisite qualifications under the plreemption or homestead laws, who in good faith settled upon and improved land in said second indemnity belt, having made filing or entry of the same, and for any reason, other than voluntary abandonment, failed to make proof thereon, may, in lieu thereof, within one year after the passage of this act, transfer their claims to any vacant surveyed Government land subject to entry under the homestead or preemption laws, and make proof therefor as in other cases provided; and in making such proof credit shall be given for the period of their bona fide residence and amount of their improvements upon their respective claims in the said indemnity belt, the same as if made upon the tract to which the transfer is made: Provided, That no final entry shall be permitted, except upon proof of continuous residence upon the land, the subject of such new entry, for a period of not less than three months prior thereto. Payment for said final selection shall be made as under existing laws. The provisions of this act shall be carried into effect under such rules and regulations as may be prescribed by the Secretary of the Interior. Approved, October 1, 1890. (26 Stat., 647.) [No. 42.] ACT OF SEPTEMBER 29, 1890, FORFEITING RAILROAD LANDS, AMENDED. CHAP. 244.-AN ACT to amend an act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes." Be it enacted by thu Senate and House of Representatives of the United States of America in Congress assembled, That an act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in 220 TITLE TO PUBLIC LANDS. the construction of railroads, and for other purposes," approved September 29, 1890, be, and the same is hereby, amended so that the period within which settlers, purchasers, and others under the provisions of said act may make application to purchase lands forfeited thereby, or to make or move to perfect any homestead entries which are preserved or authorized under said act, when such period begins to run from the passage of the act, shall begin to run from the date of the promulgation by the Commissioner of the General Land Office of the instructions to the officers of the local land offices for their direction in the disposition of said lands: Provided, That nothing herein shall extend any time or enlarge any rights given by said act to any railroad company. Approved, February 18, 1891. (26 Stat., 764.) [No. 43.] SECTION 8 OF THE FOLLOWING ACT AMENDED. AN ACT to amend section eight of an act approved March third, eighteen hundred and ninety-one, entitled "An act to repeal timber-culture laws and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of an act entitled "An act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, be and the same is hereby amended so as to read as follows: "SEC. 8. That suits by the United States to vacate and annul any patent heretofore issued shall only be brought within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents. And in the States of Colorado, Montana, Idaho, North Dakota and South Dakota, Wyoming, and the District of Alaska, and the gold and silver regions of Nevada and the Territory of Utah, in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon, it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident thereof for agricultural, mining, manufacturing, or domestic purposes under rules and regulations made and prescribed by the Secretary of the Interior, and has not been transported out of the same; but nothing herein contained shall operate to enlarge the rights of any railway company to cut timber on the public domain: Provided, That the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this act, and he may designate the sections or tracts of land where timber may be cut, and it shall not be lawful to cut or remove any timber except as may be prescribed by such rules and regulations; but this act shall not operate to repeal the act of June third, eighteen hundred and seventyeight, providing for cutting of timber on mineral lauds. Approved, March 3, 1891. (26 Stat., 1093.) TITLE TO PUBLIC LANDS. 221 [No. 44.] REPEAL OF PREEMPTION AND TIMBER CULTURE LAWS-MODIFICATION OF HOMESTEAD AND OTHER LAWS. AN ACT to repeal timber-culture laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act entitled "An act to amend an act entitled 'An act to encourage the growth of timber on the Western prairies,"' approved June fourteenth, eighteen hundred and seventy-eight, and all laws supplementary thereto or amendatory thereof, be, and the same are hereby, repealed: Provided, That this repeal shall not affect any valid rights heretofore accrued or accruing under said laws, but all bona fide claims lawfully initiated before the passage of this act may be perfected upon due compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been passed: And provided further, That the following words of the last clause of section two of said act, namely, "That not less than twenty-seven hundred trees were l)lanted on each acre," are hereby repealed: And providedfitrther, That in computing the period of cultivation the time shall run from the date of the entry, if the necessary acts of cultivation were performed within the proper time: And provided7 fitrther, That the preparation of the land and the planting of trees shall be construed as acts of cultivation, and the time authorized to be so employed and actually employed shall be computed as a part of the eight years of cultivation required by statute: Provided, That any person who has made entry of any public lands of the United States under the timber-culture laws, and who has for a period of four years in good faith complied with the provisions of said laws and who is an actual bona fide resident of the State or Territory in which said la~nd is located shall be entitled to mlake final proof thereto, and acquire title to the same, by the payment of one dollar and twenty-five cents per acre for such tract, under such rules and regulations as shall be prescribed by the Secretary of the Interior. and registers and reccivers shall be allowed the same fees and compensation for final proofs in timlber-culture entries as is now allowed by law in homestead entries: And procided further, That no land acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing to the final certificate therefor. SEC. 2. That an act to provide for the sale of desert lands in certain States and Territories, approved March third, eighteen hundred and sevelty-sevel, is hereby amended by adding thereto the following sections: SEC. 4. That at the time of filing the declaration hereinbefore required the party shall also file a map of said land, which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and reclamation. Persons entering or proposing to enter separate sections or fractional parts of sections, of desert lands may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements. SEC. 5. That no land shall be patented to any person under this act unless he or his assignors shall have expended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least three dollars per acre of whole tract reclaimed and patented in 222 TITLE TO PUBLIC LANDS. the manner following: Within one year after making entry for such tract of desert land as aforesaid, the party so entering shall expend not less than one dollar per acre for the purposes aforesaid; and he shall in like manner expend the sum of one dollar per acre during the second and also during the third year thereafter, until the full sum of three dollars per acre is so expended. Said party shall file during each year with the register, proof, by the affidavits of two or more credible witnesses, that the full sum of one dollar per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any party who has made such application shall fail during any year to file the testimony aforesaid, the lands shall revert to the United States, and the twenty-five cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall prevent a claimant froni making his final entry and receiving his patent at an earlier (late than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars per acre: Provided, That proof be further required of the cultivation of oneeighth of the land. SEc. 6. That this act shall not affect any valid rights heretofore accrued under said act of March third, eighteen hundred and seventy-seven, but all bona fide claims heretofore lawfully initiated may be perfected, upon due compliance with the provisions of said act, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not beel passed; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said act, as amended by this act, so far as applicable; and all acts and parts of acts il conflict with this act are hereby repealed. SEc. 7. That at any time after filing the declaration, and wAithin the period of four years thereafter, upon making satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent andt cost and in the manner aforesaid, and substantially in accordance with the plans herein provided for, and that he or she is a citizen of the United States, and upon payment to the receiver of the additional sum of one dollar per acre for said land, a patent shall issue therefor to the applicant or his assigns; but no person or association of persons shall hold, by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands; but this section shall not apply to entries made or initiated prior to the approval of this act: 'rorided, howeeer, That additional proofs may be required at any time within the period prescribed by law, and that the claims or entries made under this or any preceding act shall le subject to contest, as provided by the law relating to homestead cases, for illegal inception, abandonment,.or failure to comply withl the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands and moneys paid therefor shall be forfeited to the United States. SEC. 8. That the provisions of the act to which this is an ani ndment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; anid no person shall be entitled to make entry of desert land except lie be a resident citizen of the State or Territory in which the land sought to be entered is located. SEC. 3. That section twenty-two hundred and eighty-eight of the Revised Statutes be amended so as to read as follows: SEC. 2288. Any bona fide settler under the preemption, homestead, or other settlement law shall have the right to transfer, by walrranty against his own acts, any portion of his claim for church, cemetery, or school purposes, or for the right of way of railroads, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim. SEC. 4. That chapter four of title thirty-two, excepting sections twenty-two hundred and seventy-live, twenty-two hundred and seventysix, twenty-two hundred and eighty-six, of the Revised Statutes of the United States, and all other laws allowing preemption of the public lands of the United States, are hereby repealed, but all bona fide claims lawfully initiated before the passage of this act, under any of said provisions of law so repealed, may be perfected upon due compliance with law, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been passed. TITLE TO PUBLIC LANDS. 223 SEC. 5. That sections twenty-two hundred and eighty-nine and twenty-two hundred and ninety, in said chapter numbered five of the Revised Statutes, be, and the same are hereby, amended so that they shall read as follows: SEC. 2289. Every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalization laws, shall be entitled to enter one quarter section, or a less quantity, of unappropriated public lands, to be located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than one hundred and sixty acres of land in any State or Territory shall acquire any right under the homestead law. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. SEC. 2290. That any person applying to enter land under the preceding section shall first make and sLbscribe before the proper officer and file in the proper land office an affidavit that he or she is the head of a family or is over twenty-one years of age, and that such application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for lhimself or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract, in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which he or she might acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person, except himself or herself; and upon filing such affidavit with the register or receiver, on payment of five dollars when the entry is of not more than eighty acres and on payment of ten dollars when the entry is for more than eighty acres, he or she shall thereupon be permitted to enter the amount of land specified. SEC. 6. That section twenty-three hundred and one of the Revised Statutes be amended so as to read as follows:," SEC. 2301. Nothing in this chapter shall be so construed as to prevent any person who shall hereafter avail himself of the benefits of section twenty-two hundred and eighty-nine from paying the minimum price for the quantity of land so entered at any time after the expiration of fourteen calendar months from the date of such entry, and obtaining a patent therefor, upon making proof of settlement and of residence and cultivation for such period of fourteen months," and the provision of this section shall apply to lands on the ceded portion of the Sioux Reservation by act approved March second, eighteen hundred and eighty-nine, in South Dakota, but shall not relieve said settlers from any payments now required by law. SEC. 7. That whenever it shall appear to the Commissioner of the General Land Office that a clerical error has been committed in the entry of any of the public lands such entry may be suspended, upon proper notification to the claimant, through the local land office, until the error has been corrected; and all entries made under the preemption, homestead, desert-land, or timber-culture laws, in which final proof and payment may have been made and certificates issued and to which there are no adverse claims originating prior to final entry and which have been sold or incumbered prior to the first day of March, eighteen hundred and eighty-eight, and after final entry, to bona fide purchasers, or incumbrancers, for a valuable consideration, shall, unless, upon an investigation by a Government agent, fraud on the part of a purchaser has been found, be confirmed and patented upon presentation of satisfactory proof to the Land Department of such sale or incumbrance: Provided, That after the lapse of two years from the date of the issuance of the receiver's receipt uponi the final entry of any tract of land under the homestead, timber-culture, desert-land, or preemption laws, 224 TITLE TO PUBLIC LANDS. or under this act, and when there shall be no pending contest or protest against the validity of such entry, the entryman shall be entitled to a patent conveying the land by him entered, and the same shall be issued to him; but this proviso shall not be construed to require the delay of two years from the date of said entry before the issuing of a patent therefor. SEC. 8.' That suits by the United States to vacate and annul any patent heretofore issued shall only be brought within five years from the passage of this act and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents. And in the States of Colorado, Montana, Idaho, North Dakota and South Dakota, Wyoming, and in the District of Alaska and the gold and silver regions of Nevada, and the Territory of Utah, in any criminal prosecution or civil action by the United States for a trespass on such public timber lands or to recover timber or lumber cut thereon, it shall be a defense if the defendant shall show that the said timber was so cut or removed from the timber lands for use in such State or Territory by a resident thereof for agricultural, mining, manufacturing, or domestic purposes, and has not been transported out of the same; but nothing herein contained shall apply to operate to enlarge the rights of any railway company to cut timber on the public domain: Provided, That the Secretary of the Interior may mlake suitable rules and regulations to carly out the provisions of this section. SEC. 9. That hereafter no public lands of the United States, except abandoned military or other reservations, isolated and disconnected fractional tracts authorized to be sold by section twenty-lour hundred and fifty-five of the Revised Statutes, and mineral and other lands the.sale of which at public auction has been authorized by acts of Congress of a special nature having local application, shall be sold at public sale. SEC. 10. That nothing in this act shall change, repeal, or modify any agreements or treaties made with any Indian tribes for the disposal of their lands, or of land ceded to the United States to be disposed of for the benefit of such tribes, andl the l)roceeds thereof to be placed in the Treasury of the United States; and the disposition of such lands shall continue in accordance with the provisions of such treaties or agreements, except as provided in section 5 of this act. SEC. 11. That until otherwise ordered by Congress lands in Alaska may be entered for town-site purposes, for thle several use and benefit of the occupants of such town sites, by such trustee or trustees as may be named by the Secretary of the Interior for that purpose, such entries to be made under the provisions of section twenty-three hundred and eighty-seven of the Revised Statutes as near as may be; and when such entries shall have been made the Secretary of the Interior shall provide by regulation for the proper execution of the trust in favor of the inhabitants of the town site, including the survey of the land into lots, according to the spirit and intent of said section twenty-three hundred and eighty-seven of the Revised Statutes, whereby the same results would be reached as though the entry had been made by a county judge and the disposal of the lots in such town site and the proceeds of the sale thereof had been prescribed by the legislative authority of a State or Territory: Provided, That no more than six hundred and forty acres shall be embraced in one town-site entry. 1 Amended by act of March 3,1891. (See Appendix 43, p. 220.) TITLE TO PUBLIC LANDS. 225 SEC. 12. That any citizen of the United States twenty-one years of age, and any association of such citizens, and any corporation incorporated under the laws of the United States, or of any State or Territory of the United States now authorized by law to hold lands in the Territories now or hereafter in possession of and occupying public lands in Alaska for the purpose of trade or manufactures, may purchase not exceeding one hundred and sixty acres, to be taken as near as practicable in a square form, of such land at two dollars and fifty cents per acre: Provided, That in case more than one person, association, or corporation shall claim the same tract of land the person, association, or corporation having the prior claim by reason of possession and continued occupation shall be entitled to purchase the same; but the entry of no person, association, or corporation shall include improvements made by or in possession of another prior to the passage of this act. SEC. 13. That it shall be the duty of any person, association, or corporation entitled to purchase land under this act to make an application to the United States marshal, ex officio surveyor-general of Alaska, for an estimate of the cost of making a survey of the lands occupied by such person, association, or corporation, and the cost of the clerical work necessary to be done in the office of the said United States marshal, ex officio surveyor-general; and on the receipt of such estimate from the United States marshal, ex officio surveyor-general, the said person, association, or corporation shall deposit the amount in a United States depository, as is required by section numbered twenty-four hundred and one, Revised Statutes, relating to deposits for surveys. That on the receipt by the United States marshal, ex officio surveyorgeneral, of the said certificates of deposit, he shall employ a competent person to make such survey, under such rules and regulations as may be adopted by the Secretary of the Interior, who shall make his return of his field notes and maps to the office of the said United States marshal, ex officio surveyor-general; and the said United States marshal, ex officio surveyor-general, shall cause the said field notes and plats of such survey to be examined, and, if correct, approve the same, and shall transmit certified copies of such maps and plats to the office of the Commissioner of the General Land Office. That when the said field notes and plats of said survey shall have been approved by the said Commlissioner of the General Land Office, he shall notify such person, association, or corporation, who shall then within six months after such notice, pay to the said United States marshal, ex officio surveyor-general, for such land, and patent shall issue for the same. SEC. 14. That none of the provisions of the last two preceding sections of this act shall be so construed as to warrant the sale of any lands belonging to the United States which shall contain coal or the precious metals, or any town site, or which shall be occupied by the United States for public purposes, or which shall be reserved for such purposes, or to which the natives of Alaska have prior rights by virtue of actual occupation, or which shall be selected by the United States Commissioner of Fish and Fisheries on the islands of Kadiak and Afognak for the purpose of establishing fish-culture stations. And all tracts of land not exceeding six hundred and forty acres in any one tract now occupied as missionary stations in said District of Alaska are hereby excepted from the operation of the last three preceding sections of this act. No portion of the islands of the Pribylov Group or the Seal Islands of Alaska shall be subject to sale under this act; and the 3073- 15 226 TITLE TO PUBLIC LANDS. United States reserves, and there shall be reserved in all patents issued under the provisions of the last two preceding sections the right of the United States to regulate the taking of salmon and to do all things necessary to protect and prevent the destruction of salmon in all the waters of the lands granted frequented by salmon. SEC. 15. That until otherwise provided by law the body of lands known as Annette Islands, situated in Alexander Archipelago in Southeastern Alaska, on the north side of Dixon's Entrance, be, and the same is hereby, set apart as a reservation for the use of the Metlakahtla Indians, and those people known as Metlakahtlans who have recently emigrated from British Columbia to Alaska, and such other Alaskan natives as may join them,'to be held and used by them in common, under such rules and regulations, and subject to such restrictions as may be prescribed from time to time by the Secretary of the Interior. SEC. 16. That town-site entries may be made by incorporated towns and cities on the mineral lands of the United States, but no title shall be acquired by such towns or cities to any vein of gold, silver, cinnabar, copper, or lead, or to any valid mining claim or possession held under existing law. When mineral veins are possessed within the limits of an incorporated town or city, and such possession is recognized by local authority or by the laws of the United States, the title to town lots shall be subject to such recognized possession and the necessary use thereof and when entry has been lmade or patent issued for such townsites to such incorporated town or city, the possessor of such mineral vein may enter and receive patent for such mineral vein, and the surface ground alppertaining thereto: Provided, That no entry shall be made by such mineral-vein claimant for surface ground where the owner or occupier of the surface ground shall have had possessionl of the same before the inception of the title of the mineral-veini applicant. SEC. 17. That reservoir sites located or selected and to be located and selected under the provisiols of "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," and amendments thereto, shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs, and that the provisions of "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other purposes," which reads as follows, viz: " No person who shall after the passage of this act enter upon any of the public lands with a view to occupation, entry, or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws," shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not include lands entered or sought to be entered under mineral land laws. SEC. 18. That the right of way through the public lands and reservations of the United States is hereby granted to any canal or ditch conmpany formed for the purpose of irrigation and duly organized under the laws of any State or Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by the water of the reservoir and of the canal and its laterals, and fifty feet on each side of the marginal limits thereof; also the right to take, from the public lands adjacent to the line of the TITLE TO PUBLIC LANDS. 227 canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the Government of any such reservation, and all maps of location shall be subject to the approval of the department of the Government having jurisdiction of such reservation, and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories. SEC. 19. That any canal or ditch company desiring to secure the benefits of this act shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and, if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any canal, ditch, or reservoir, 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. SEC. 20. That the provisions of this act shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or association of individuals, on the filing of the certificates and maps herein provided for. If such ditch, canal, or reservoir has been or shall be constructed by any individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior and with the register of the land office where said land is located a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats heretofore filed shall have the benefits of this act from the date of their filing as though filed under it: Provided, That, if any section of said canal or ditch shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture. SEc. 21. That nothing in this act shall authorize such canal or ditch company to occupy such right of way, except for the purpose of said canal or ditch, and then only so far as may be necessary for the construction, maintenance, and care of said canal or ditch. SEC. 22. That the section of land reserved for the benefit of the Dakota Central Railroad Company on the west bank of the Missouri River, at the mouth of Bad River, as provided by section sixteen of "An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes," approved March second, eighteen hundred and eighty-nine, shall be subject to entry under the town-site law only. SEC. 23. That in all cases where second entries of land on the Osage Indian trust and diminished reserve hinds in Kansas, to which at the time there were no adverse claims, have been made and the law complied with as to residence and improvement, said entries be, and the same are hereby, confirmed, and in all cases where persons were actual settlers and residing upon their claims upon said Osage Indian trust 228 TITLE TO PUBLIC LANDS. and diminished reserve lands in the State of Kansas, on the ninth day of May, eighteen hundred and seventy-two, and who have made subsequent preemption entries either upon public or upon said Osage Indian trust and diminished reserve lands, upon which there were no legal prior adverse claims at the time, and the law complied with as to settlement, said subsequent entries be, and the same are hereby, confirmed. SEC. 24. That the President of the United States may, from time to time, set apart and reserve, in any State or Territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations; and the President shall, by public proclamation, declare the establishment of such reservation and the limits thereof. Approved, March 3, 1891. (26 Stat., 1095.) [No. 45.] FOR RELIEF OF SETTLERS ON PUBLIC LANDS. AN ACT to amend Section two of an act approved May fourteenth, eighteen hundred and eighty, being "An act for the relief of settlers on public lands." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of an act approved May fourteenth, eighteen hundred and eighty, entitled "An act for the relief ot settlers on public lands, be, and the same is hereby, amended so as to read as follows: "SEC. 2. In all cases where any person has contested, paid the landoffice fees, and procured the cancellation of any preemption, homestead, or timber-culture entry, he shall be notified by the register of the land office of the district in which such land is situated of such cancellation, and shall be allowed thirty (lays from date of such notice to enter said lands: Provided, That said register shall be entitled to a fee of one dollar for the giving of such notice, to be paid by the contestant and not to be reported: Provided further, That should any such person who has initiated a contest die before the final termination of the same, said contest shall not abate by reason thereof, but his heirs who are citizens of the United States, may continue the prosecution under such rules and regulations as the Secretary of the Interior may prescribe, and said heirs shall be entitled to the same rights under this act that contestant would have been if his death had not occurred. Approved, July 26, 1892. (27 Stat., 270.) [No. 46.1 ACT OPENING KICKAPOO LANDS, OKLAHOMA. AN ACT to ratify and confirm an agreement with the Kickapoo Indians in Oklahoma Territory, and to make appropriations for carrying the same into effect. * - * * * * * * SEC. 3. That whenever any of the lands, acquired by this agreement shall, by operation of law or proclamation of the President of the United States, be open to settlement or entry, they shall be disposed TITLE TO PUBLIC LANDS. 229 of (except sections sixteen and thirty-six in each township thereof) to actual settlers only, under the provisions of the homestead and townsite laws (except section twenty-three hundred and one of the Revised Statutes of the United States, which shall not apply): Provided, however, That each settler on said lands shall, before making a final proof and receiving a certificate of entry, pay to the United States for the land so 'taken by him, in addition to the fees provided by law, and within five years from the date of the first original entry, the sum of one dollar and fifty cents an acre, one-half of which shall be paid within two years; but the rights of honorably discharged Union soldiers and sailors, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes of the United States shall not be abridged, except as to the sum to be paid as aforesaid. Until said lands are opened to settlement by proclamation of the President of the United States, no person shall be permitted to enter upon or occupy any of said lands; and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto: Provided, That any person having attempted to, but for any cause failed to acquire a title in fee under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make homestead entry upon said lands. Approved, March 3, 1893. (27 Stat., 563.) [No. 47.] EXTENSION OF TIME OF PAYMENT GRANTED TO HOMESTEAD SETTLERS IN OKLAHOMA. AN ACT granting settlers on certain lands in Oklahoma Territory the right to commute their homestead entries and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the homestead settlers on the Absentee Shawnee, Pottawatomie, and Cheyenne and Arapahoe Indian lands in Oklahoma Territory be, and they are hereby, granted an extension of one year within which to make the first payment provided for in section sixteen of the act of Congress approved March third, eighteen hundred and ninety-one, entitled "An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and ninetytwo and for other purposes," and such payment may be made at any time within three years from the date of the entry of such lands. SEC. 2. That any person entitled by law to take a homestead in said Territory of Oklahoma who has already located and filed upon, or who shall hereafter locate and file upon a homestead within any of the lands in the Absentee Shawnee, Pottawatomie, and Cheyenne and Arapahoe Indian lands and the Public Land Strip in Oklahoma Territory, and who has complied with all the laws relating to such homestead settlement, may receive a patent therefor at the expiration of twelve months from the date of locating upon such homestead, upon payment to the United States of one dollar and fifty cents per acre for the land embodied in such homestead: Provided, That homestead settlers in the Pub 230 TITLE TO PUBLIC LANDS. lie Land Strip now Beaver County, Oklahoma, may receive such patent upon the payment to the United States of the sum of one dollar and twenty-five cents per acre. SEC. 3. That all acts in conflict with this act are hereby repealed. Approved, October 20, 1893. (28 Stat., 3.) [No. 48.] EXTENSION OF TIME WITHIN WHICH TO PURCHASE FORFEITED RAILROAD LANDS. AN ACT to amend an act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes," approved September twenty-ninth, eighteen hundred and ninety, and the several Acts amendatory thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of an Act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes," approved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof, be, and the same is, amended so as to extend the time within which persons entitled to purchase lands forfeited by said Act shall be permitted to purchase the same, in the quantities and upon the terms provided in said section, at any time prior to January first, eighteen hundred and ninety-seven: Provided, That nothing herein contained shall be so construed as to interfere with any adverse claim that may have attached to the lands or any part thereof. Approved, December 12, 1893. (28 Stat., 15.) [No. 49.] EXTENDING THE TIME FOR MAKING FINAL PROOF AND PAYMENT. AN ACT extending the time for final proof and payment on lands claimed under the public land laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time for making final proof and payment for all lands located under the homestead and desert land laws of the United States, proof and payment of which has not yet been made, be, and the same is hereby, extended for the period of one year from the time proof and payment would become due under existing laws. SEC. 2. That the time of making final payments on entries under the preemption Act is hereby extended for one year from the date when the same becomes due in all cases where preemption entrymen are unable to make final payments from causes which they can not control, evidence of such inability to be subject to the regulations of the Secretary of the Interior. Approved, July 26, 1894. (28 Stat., 123.) TITLE TO PUBLIC LANDS. 231 [No. 50.] EXTENSION OF TIME WITHIN WHICH TO MAKE PROOF IN DESERT LAND CASES. AN ACT for the relief of persons who have filed declarations of intention to enter desert lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases where declarations of intention to enter desert lands have been filed, and the four years' limit within which final proof may be made had not expired prior to January first, eighteen hundred and ninety-four, the time within which such proof may be made in each such case is hereby extended to five years from the date of filing the declaration; and the requirement that the persons filing such declarations shall expend the full sum of one dollar per acre during each year toward the reclamation of the land is hereby suspended for the year eighteen hundred and ninetyfour, and such annual expenditure for that year, and the proof thereof, is hereby dispensed with: Provided, That within the period of five years from filing the declaration satisfactory proof be made to the register and receiver of the reclamation and cultivation of such land to the extent and cost and in the manner provided by existing law, except as to said year eighteen hundred and ninety-four, and upon the payment to the receiver of the additional sum of one dollar per acre, as provided in existing law, a patent shall issue as therein provided. Approved, August 4, 1894. (28 Stat., 226.) [No. 51.] ENTRIES FOR BUILDING STONE-EXTENSION OF ACT OF JUNE 3, 1878. AN ACT to authorize the entry of lands chiefly valuable for building stone under the placer mining laws. Be it enacted by the Senate and House of Representatives of the United States of 4America in Congress assembled, That any person authorized to enter lands under the mining laws of the United States may enter lands that are chiefly valuable for building stone under the provisions of the law in relation to placer mineral claims: Provided, That lands reserved for the benefit of the public schools or donated to any State shall not be subject to entry under this act. SEC. 2. That an act entitled "An act for the sale of timber lands in the State of California, Oregon, Nevada, and Washington Territory," approved June third, eighteen hundred and seventy-eight, be, and the same is hereby, amended by striking out the words "States of California, Oregon, Nevada, and Washington Territory" where the same occur in the second and third lines of said act, and insert in lieu thereof the words, 'public-land States,' the purpose of this act being to make said act of June third, eighteen hundred and seventy-eight, applicable to all the public-land States. SEC. 3. That nothing in this act shall be construed to repeal section twenty-four of the act entitled "An act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one. Approved, August 4, 1892. (27 Stat., 348.) *232 TITLE TO PUBLIC LANDS. [No. 52.] MODIFICATION OF FINAL PROOF REQUIRED IN TIMBER-CULTURE ENTRIES-RELIEF TO PURCHASERS OF TRACTS COVERED BY CERTAIN.INVALID SOLDIERS7 ADDITIONAL HOMESTEAD ENTRIES. AN ACT making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, *.* * * * * * That section one of an act entitled "An act to repeal timber culture laws and for other purposes," approved March third, eighteen hundred and ninety-one, be, and hereby is amended by adding the following words to the fourth proviso thereof: "And provided further, That if trees, seeds, or cuttings were in good faith planted as provided by law and the same and the land upon which so planted were thereafter in good faith cultivated as provided by law for at least eight years by a person qualified to make entry and who has a subsisting entry under the timber culture laws, final proof may be made without regard to the number of trees that may have been then growing on the land." And provided further, That where soldier's additional homestead entries have been made or initiated upon certificate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate is found erroneous or invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land; but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate. * * * * * * * Approved, March 3, 1893. (27 Stat., 593.) [No. 53.] TO AMEND SECTION 2324 REVISED STATUTES. AN ACT to amend section numbered twenty-three hundred and twenty-four of the Revised Statutes of the United States relating to mining claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of section numbered twenty-three hundred and twenty-four of the Revised Statutes of the United States, which require that on each claim located after the tenth day of May, eighteen hundred and seventy-two, and until patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year, be suspended for the year eighteen hundred and ninety-four, so that no mining claim which has been regularly located and recorded as required by the local laws and mining regulations shall be subject to forfeiture for nonperformance of the annual assessment for the year TITLE TO PUBLIC LANDS. 233 eighteen hundred and ninety-four: Provided, That the claimant or claimants of any mining location, in order to secure the benefits of this Act, shall cause to be recorded in the office where the location notice or certificate is filed on or before December thirty-first, eighteen hundred and ninety-four, a notice that he or they in good faith intend to hold and work said claim: Provided, however, That the provisions of this Act shall not apply to the State of South Dakota. SEC. 2. That this act shall take effect from and after its passage. Approved, July 18, 1894. (28 Stat., 114.) [No. 54.] SURVEY OF PUBLIC LANDS AT REQUEST OF PERSONS OR ASSOCIATIONS OF PERSONS-SPECIAL DEPOSITS THEREFOR. AN ACT to amend sections twenty-four hundred and one and twenty-four hundred and three of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-four hundred and one of the Revised Statutes of the United States is hereby amended so as to read as follows: "SEC. 2401. When the settlers in any township not mineral or reserved by the Government, or persons and associations lawfully possessed of coal lands and otherwise qualified to make entry thereof, or when the owners or grantees of public lands of the United States, under any law thereof, desire a survey made of the same under the authority of the surveyor-general and shall file an application therefor in writing, and shall deposit in a proper Uliited States depository to the credit of the United States a sum sufficient to pay for such survey, together with all expenditures incident thereto, without cost or claim for indemnity on the United States, it shall be lawful for the surveyorgeneral, under such instructions as may be given him by the Commissioner of the General Land Office, and in accordance with law, to survey such township or such public lands owned by said grantees of the Government, and make return therefor to the general and proper local land office: Provided, That no application shall be granted unless 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 township and subdivisional surveys." SEC. 2. That section twenty-four hundred and three of the Revised Statutes of the United States as heretofore amended is hereby amended so as to read as follows: "SEC. 2403. Where settlers or owners or grantees of public lands make deposits in accordance with the provisions of section twenty-four hundred and one, as hereby amended, certificates shall be issued for such deposits which may be used by settlers in part payment for the lands settled upon by them, the survey of which is paid for out of such deposits, or said certificates may be assigned by indorsement and may be received by the Government in payment for any public lands of the United States in the States where the surveys were made, entered or to be entered under the laws thereof." 234 TITLE TO PUBLIC LANDS. SEC. 3. That all laws and parts of laws inconsistent with this act be, and the same are hereby, repealed. Received by the President, August 8, 1894. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] August 20, 1894. (28 Stat., 423.) [No. 55.] GRANTING THE RIGHT OF COMMUTATION TO HOMESTEAD SETTLERS IN OKLAHOMTA. AN ACT making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 19. That the right of commutation is hereby extended to all bona fide homestead settlers on the lands in Oklahoma Territory opened to settlement under the provisions of the act of Congress entitled "An act making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and niiety-four," approved Marcl third, eighteen hundred and ninety-three, and the President's proclahnation in pursuance thereof, after fourteen months from the date of settlement upon the full payment for the lands at the prices provided in said act. Approved, August 15, 1894. (28 Stat., 336.) [No. 56.] SOLDIERS' ADDITIONAL HOMESTEAD CERTIFICATES-VALID IN THE HANDS OF BONA FIDE PURCHASERS. AN ACT making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * # # * That all soldiers' additional homestead certificates heretofore issued under the rules and regulations of the General Land Office under section twenty-three hundred and six of the Revised Statutes of the TITLE TO PUBLIC LANDS. 235 United States, or in pursuance of the decisions or instructions of the Secretary of the Interior, of date March tenth, eighteen hundred and seventy-seven, or any subsequent decisions or instructions of the Secretary of the Interior or the Commissioner of the General Land Office, shall be, and are hereby, declared to be valid, notwithstanding any attempted sale or transfer thereof; and where such certificates have been or may hereafter be sold or transferred, such sale or transfer shall not be regarded as invalidating the right, but the same shall be good and valid in the hands of bona fide purchasers for value; and all entries heretofore or hereafter made with such certificates by such purchasers shall be approved, and patent shall issue in the name of the assignees. * * * * * * * Approved, August 18, 1894. (28 Stat., 397.) [No. 57.] OPENING OF ABANDONED MILITARY RESERVATIONS-PREFERENCE RIGHT GIVEN TO SETTLERS RESIDING THEREON. AN ACT to provide for the opening of certain abandonedl mrilitary reservations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands not already disposed of included within the limits of any abandoned military reservation heretofore placed under the control of the Secretary of the Interior for disposition under the act approved July fifth, eighteen hundred and eighty-four, the disposal of which has not been provided for by a subsequent act of Congress, where the area exceeds five thousand acres, except such legal subdivisions as have Government improvements thereon, and except also such other parts as are now or may be reserved for some public use, are hereby opened to settlement under the public-land laws of the United States and a preference right of entry for a period of six months from the (late of this act shall be given all bona fide settlers who are qualified to enter under the homestead law and have made improvements and are now residing upon any agricultural lands in said reservations, and for a period of six months from the date of settlement when that shall occur after the date of this act: Provided, That persons who enter under the homestead law shall pay for such lands not less than the value heretofore or hereafter determined by appraisement, nor less than the price of the land at the time of the entry, and such payment may, at the option of the purchaser, be made in five equal installments, at times and at rates of interest to be fixed by the Secretary of the Interior. SEC. 2. That nothing contained in this act shall be construed to suspend or to interfere with the operation of the said act approved July fifth, eighteen hundred and eighty-four, as to all lands included in abandoned military reservations hereafter placed under the control of the Secretary of the Interior for disposal, and all appraisements required by the first section of this act shall be in accordance with the provisions of said act of July fifth, eighteen hundred and eighty-four. Approved, August 23, 1894. (28 Stat., 491.) TITLE TO PUBLIC LANDS. [No. 58.] MILITARY BOUNTY LAND WARRANTS-LOCATION OF. AN ACT to provide for the location and satisfaction of outstanding military bounty land warrants and certificates of location under section three of the Act approved June second, eighteen hundred and fifty-eight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the benefits now given thereto by law, all uisatisfied military bounty land warrants under any act of Congress, and unsatisfied indemnity certificates of location under the act of Congress approved June second, eighteen hundred and fifty-eight, whether heretofore or hereafter issued, shall be receivable at the rate of one dollar and twenty-five cents per acre in payment or part payment for any lands entered under the desert land law of March third, eighteen hundred and eighty- [seventy ] seven, entitled "An act to provide for the sale of desert lands in certain States and Territories," and the arhendments thereto, the timber-culture law of March third, eighteen hundred and seventy-three, entitled "An act to encourage the growth of timber on the Western prairies," and the amendments thereto; the timber and stone law of June third, eighteen hundred and seventy-eight, entitled "An act for the sale of timber lands in the States of California, Oregon, Nebraska, and Waslington Territory," and the amendments thereto, or for lands which may be sold at public auction, except such lands as shall have been purchased from any Indian tribe within ten years last past. Approved, December 13, 1894. (28 Stat., 594.) [No. 59.] AMENDMENT TO SECTION 3, ACT OF MARCH 2, 1889. AN ACT to amend section three of an act to withdraw certain public lands from private entry, and for other purposes, approved March second, eighteen hundred and eighty-nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of the said act of March second, eighteen hundred and eighty-nine, be amended by adding thereto the following provision: That if any such settler has heretofore forfeited his or her entry for any of said reasons, such person shall be permitted to make entry of not to exceed a quarter section on any public land subject to entry under the homestead law, and to perfect title to the same under the same conditions in every respect as if he had not made the former entry. Approved, December 29, 1894. (28 Stat., 599.) [No. 60.] GRANTING RELIEF, ON ACCOUNT OF FOREST FIRES, TO SETTLERS IN WISCONSIN, MINNESOTA, AND MICHIGAN. AN ACT for the relief of homestead settlers in Wisconsin, Minnesota, and Michigan. Whereas during the summer and autumn of eighteen hundred and ninety-four extensive forest fires prevailed in northern Wisconsin, Minnesota, and Michigan, resulting in the death of many homesteaders and their families, the destruction of their property and effects, and of TITLE TO PUBLIC LANDS. 237 much of the green timber growing upon them, which homesteads are valuable chiefly for the timber standing and growing on them; and, Whereas under existing law homesteaders are not allowed to cut or sell green or burned timber, except for the purpose of clearing and improving, and all burned timber not cut within a short period will become worthless and a loss to the settler and the Government: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all such persons actually occupying homesteads in said States of Wisconsin, Minnesota, and Michigan at the time of such tires, upon claims under the laws of the United States, on lands of the United States, whose property and buildings were destroyed by such fires, and the heirs of all such persons who perished by such fires, and all persons who by reason of such fires and loss of property were obliged to leave their homesteads, are hereby granted two years' additional time in which to make final proof. And temporary absence for any period within two years from the date of this Act shall be deemed constructive possession and residence, but shall not be deducted from the time required to make final proof. SEc. 2. That all persons whose property was destroyed by such fires, and the heirs of all persons who were actual occupants of the homesteads at the time of the fire, and who lost their lives in and by that fire, may, by proving such actual occupancy at the date of such fires, make proof showing compliance with the law up to the date of the fire, and shall make payment at the minimum price under existing statutes, in the same manlner as if such claimants were alive, and upon receipt of such proof of loss of property by such fires, or death of the claimant, heirs surviving, and upon payment as aforesaid, a patent shall be issued to such claimant, or his or her Lcl;s. SEC. 3. That the claimant upon any homestead, who by reason of not having lived thereon the necessary length of time to enable him to commute under section twenty-three hundred and one of the Revised Statutes as amended by tle act of March third, eighteen hundred and ninety-one, his heirs, executor, administrator, or guardian of his minor heirs, may, when the quantity of timber destroyed upon his or her homestead shall not exceed seventy-five thousand feet of merchantable green timber, file an estimate in the land office where such homestead was entered with such reasonable proofs as the Commissioner of Public Lands may prescribe, as to the quantity of timber destroyed upon any sectional subdivision, and thereupon the register and receiver may, under the direction of the Commissioner of l'ublic Lands, issue a license or permit to cut the burned timber on ally homestead or sectional fraction thereof, upon payment of the sum of one dollar and twenty-five cents per acre for such sectional subdivision, and the Government shall issue a patent for the same to the claimant or his or her heirs. Approved, January 19, 1895. (28 Stat., 634.) [No. 61.] RIGHT OF WAY G(RANTED FOR TRAMROADS, CANALS, OR RESERVOIRS. AN ACT to permit the use of the right of way through the public lauds for tramroads, canals, and reservoirs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized and empowered, under general 238 TITLE TO PUBLIC LANDS. regulations to be fixed by him, to permit the use of the right of way through the public lands of the United States, not within the limits Of any park, forest, military or Indian reservation, for tramroads, canals, or reservoirs to the extent of the ground occupied by the water of the canals and reservoirs and fifty feet on each side of the marginal limits thereof; or fifty feet on each side of the center of the tramroad, by any citizen or any association of citizens of the United States engaged in the business of mining or quarrying or of cutting timber and manufacturing lumber. Approved, January 21, 1895. (28 Stat., 635.) [No. 62.1 AB.ANDONED MILITARY RESERVATIONS-EXITENDING PROVISIONS OF THE ACT OF AUGUST 23, 1894. AN ACT to amend and extend the provisions of an act entitled "An act to provide for the opening of certain abandoned military reservations, and for other purposes," approved August twenty-third, eighteen hundred and ninety-four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act approved August twenty-third, eighteen hundred and ninety-four, entitled "An act to provide for the opening of certain abandoned military reservations, and for other purposes," are hereby extended to all abandoned military reservations which were placed under the control of the Secretary of the Interior under any law in force prior to the act of July fifth, eighteen hundred and eighty-four. SEC. 2. That the lreference right of entry given to actual settlers by the terms of the act to which this is an amendment shall, so far as the lands to which the provisions of said act are, extended, take effect and continue for six months from the date of this amendatory act. Approved, February 15, 1895. (28 Stat., 664.) [No. 63.] SALE OF ISOLATED OR DISCONNECTED TRACTS. AN ACT to amend section twenty-four hundred and fifty-five of the Revised Statutes of the JUnited States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-four hundred and fifty-five of the Revised Statutes of the United States be, and the same is hereby, amended so as to read as follows: " SEC. 2455. It shall be lawful for the Commissioner of the General Laud Office to order into market and sell for not less than one dollar and twenty-five cents per acre any isolated or disconnected tract or parcel of the public domain less than one quarter section which in his judgment it would be proper to expose to sale after at least thirty days' notice by the land officers of the district in which such lands may be situated: Provided, That lands shall not become so isolated or disconnected until the same have been subject to homestead entry for a TITLE TO PUBLIC LANDS. 239 period of three years after the surrounding land has been entered, filed upon, or sold by the Government: Provided, That not more than one hundred and sixty acres shall be sold to any one person." Approved, February 26, 1895. (28 Stat., 687.) {No. 64.] GRANTING CHIEF JUSTICE OF UNITED STATES COURTS IN TERRITORIES POWER TO APPOINT COMMISSIONERS TO TAKE PROOF IN LAXD CASES. AN ACT granting chief justice of United States courts in Territories power to appoint commissioners to take proof in land cases, and so forth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the chief justice of the court exercising Federal jurisdiction in the Territories shall have power to appoint commissioners in the several judicial districts, to be known when appointed as United States court commissioners. SEC. 2. That said commissioners shall have power, and it shall be tleir duty on application by proper person, to administer the oaths in preliminary affidavits and final proofs required under the homestead, preemptionl, timber culture, and desert-land laws in their respective districts, in like manner as provided for in reference to United States circuit court commissioners, in the act of May twenty-sixth, eighteen hundred and ninety. Twenty-sixth Statutes at Large, page one hundred and twenty-one. SEC. 3. That no commissioner shall be appointed who resides within thirty miles of any local land office, nor shall any commissioner be appointed who resides within thirty miles of aly other commissioner. SEC. 4. That this Act shall take effect fiom its passage. Approved, March 2, 1895. (28 Stat., 744.) [No. (5.1 EXTENSION OF TIME TO SETTLERS. AN ACT making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indianl tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-six, and for other purposes. Be it enacted by the Senate and House of' Representatives of the United States of America in Congress assembled, That the homestead settlers on the Absentee Shawnee, Pottawatomie, and Cheyenne and Arapahoe Ildian lands in Oklahoma Territory be, and they are hereby, granted an extension of one year within which to make the first payment provided for in section sixteen of the act of Congress approved March third, eighteen hundred and ninety-one, entitled "An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations 240 TITLE TO PUBLIC LANDS. with various Indian tribes for the year ending June thirtieth, eighteen hundred and ninety-two, and for other purposes," and such payment may be made at any time within five years from the date of the entry of such lands. And that the like extension of one year on the first payment required to be made, when payable in installments, is hereby granted to all homestead settlers on and purchasers of all ceded Indian reservations in the States of North Dakota, South Dakota, Nebraska, Montana, and Idaho. * * * * * * # Approved, March 2, 1895. (28 Stat., 901.) [No. (i6.J AMENDMENT OF SECTION 4, ACT OF MARCH 3, 1887, IN REGARD TO PRICE OF LAND PURCHASED THEREUNDER. CHAP. 18.-AN ACT to amend section four of an act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of an act entitled "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads and for the forfeiture of unearned lands, and for other purposes," approved March third, eighteen hundred and eighty-seven, be, and the same is hereby, amended by adding thereto the following proviso: " Provided further, That where such purchasers, their heirs or assigns, have paid only a portion of the purchase price to the company, which is less than the Government price of similar lands, they shall be required, before the delivery of patent for their lands, to pay to the Government a sum equal to the difference between the portion of the purchase price so paid and the Government price, and in such case the amount demanded from the company shall be the amount paid to it by such purchaser." Approved, February 12, 1896. (29 Stat., 6.) [No. 67. EXTENSION OF TIME TO BRING SUITS TO VACATE AND ANNUL LAND PATENTS, ISSUED UNDER RAILROAD OR WAGON ROAD GRANTS. CHAP. 39.-AN ACT to provide for the extension of the time within which suits may be brought to vacate and annul land patents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That suits by the United States to vacate and annul any patent to lands heretofore erroneously issued under a railroad or wagon road grant shall only be brought within five years from the passage of this act, and suits to vacate and annul patents hereafter issued shall only be brought within six years after the date of the issuance of such patents, and the limitation of section eight of chapter five hundred and sixty-one of the acts of the second TITLE TO PUBLIC LANDS. 241 session of the Fifty-first Congress and amendments thereto is extended accordingly as to the patents herein referred to. But no patent to any lands lheld by a bona fide purchaser shall be vacated or annulled, but tlhe right and title of such purchaser is hereby confirmed: Provided, That no suit shall be brought or mainltained, nor shall recovery be had for lands or the value thereof, that were certified or patented in lieu of other lands covered by a grant which Nwere lost or reliiquished by the grantee in consequence of the failure of the Government or its officers to withdraw the same fiom sale or entry. SEC. 2. That if any person claiming to be a bona tide purchaser of ally lllads erroneously patented or certified shall l)resellt his claim to the Secretary of thle Interior prior to thle ilnstitutionI of a suit to cancel a lpatent or certification, and it it shall appear tlhat lie is; bon, tide purchllaser, the Secretary of the Interior shall request that suit be brought ill such case against the patenltee, or the corlporation. compalny, person, or association of personIs for %whose benefit tile certification was Ilade, for the value of said land, whichl iln no case shall be more than the minimilun Government price thereof, and the title of such claimanInt slhall stand (onfirmed. An ad(lvcrse (lecisioll by the Secretary of the lIterior on the bona t(ides of suchll claimant shall not l)e conclusive of lhis rights, and it suclhe claimiant, or one claiminig to be a bona fide lurchaser, but who hlas no,, submiitted lhis claim to the Secreta.ry of the Interior, is made a 1)arty to such suit, ad(l it' fuiid by the court to be a bona ftidle l)urchaser, the court shall decree al confirmation of the title, aInd slhall render a decree in behalf of the United States against the )patentee, 'orl)olatiolI, comipany, I)ersoi, or association of persons for whlose benefit the certification was nllade for the value of the lalnd as lheleinbefore provided. Any bona fi(le purchaser of lands patented or certified to a railroad company, ai:d who is not lma(le a party to such suit, and who has not submitte(l his claim to the Secretary of the Interior, may establish his right as suclh bona fide purchaser in any United States court having jurisdiction otf the subject-matter, or at his option, as l)rescribed in sections three anld four of chapl)ter three hundred and seventy-six of the acts of the second session of the Forty-ninth Con gress. SErc. 3. That if at any time prior to the institution of suit by the Attorney-General to cancel any )patelt or certification of lands erroneously patented or certified a claim (or statenient is p)resented to the Secretary of tlhe Interior by or on belhalf of:any person or p)ersons, corl)oratioln or corl)orations, claiming that such l)elrso or persons, corporation or corporations, is a bona tide l)purchaser or am e bona fide purchasers of any p)atellted or certified land by deed or contract, or otherwise, froim or througlh tile original patentee or corpl)oration to which patelnt or certificationl was issued, no suit or action shall be brought to cancel or aimiul tlhe p)atent or certification for said land until such claim is inNvestigated in said Delpartment of the Interior; and(l if it shall appear that such personl or corporation is a bona t ide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no suchl suit shall be instituted and the title of suell claimant or claimants shall stand(l confir:edl; but the Secretary of the Interior shall request that suit be brought in such case against the p)atentee, or the corl)oration, colmpany, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified. Approved, March 2, 1896. (29 Stat., 42.) 3073 16 242 TITLE TO PUBLIC LANDS. [No. 68.] PRESENTING OF FINAL PROOFS, TIMBER-CULTURE CLAIMS. CHAP. 40.-AN ACT relating to final proof in timber-culture entries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That timber-culture claimants shall not be required, in making final proof, to appear at the land office to which proof is to be presented or before an officer designated by the act of May twenty-sixth, eighteeln lundred and,ninety, within the county in which the land is situated; but sucli claimant may have his or her personal evidence taken by a United States court commissioner or a clerk of any court of record under such rules and regulations as the Secretary of the Interior may prescribe. Approved, March 4, 1896. (29 Stat., 43.) [No. 69.] NEW ORLEANS PACIFIC RAILWAY COMPANY MAY RELINQUISH LANDS IN FAVOR OF SETTLERS, AND MAKE SELECTIONS IN LIEU THEREOF. CHAP. 98.-AN ACT for the relief of settlers upon lands within the indlenllity limits of the grant to the New Orleans Pacific Railway Company. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Thalt authority be, and is hereby, given the New Orleans Pacific Railroad to relinquisl any lands within the indemnity limits of its grant, which by decision of the Laud Department of the Governmenlt has been awarded it, in favor of any settler entitled to the right of entry under tle laws of the United States who has been allowed to make entry thiereof; or who has resided upon and improved tlie same for tive years, and to select in lieu thereof an equal quantity of other lands, from any of the public lands not mineral, and within the limits of its grant and not otherwise appropriated at the date of selection, to which it shall receive title the same as though originally granted. Approved, April 14, 1896. (29 Stat., 91.) [No. 70.] CIRCUIT COURT COMMISSIONERS ABOLISHED AND OTHER COMMISSIONERS PROVIDED FOR, ETC. CHAP. 252.-AN ACT making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes. * # * * * * * SEC. 19. That the terms of office of all commissioners of the circuit courts heretofore appointed shall expire on the thirtieth day of June, eighteen hundred and ninety-seven; and such office shall on that day cease to exist, and said commissioners shall then deposit all the records and other official papers appertaining to their offices in the office of the clerk of the circuit court by which they were appointed. All proceedings pending, returnable, unexecuted, or unfinished at said date before any such commissioner shall be continued and disposed of according to law by such commissioner appointed as hereiln lrovided, as may be des TITLE TO PUBLIC LANDS. 243 ignated by the district court for that purpose. It shall be the duty of the district court of each judicial district to appoint such number of persons, to be known as United States commissioners, at such places in the district as may be designated by the district court, which United States commissioners shall have the same powers and perform the same duties as are now imposed upon commissioners of the circuit courts. The appointment of such United States commissioners shall be entered of record in the district courts, andl notice thereof at once given by the clerk to the Attorney-General. That such United States commissioners shall hold their offices, respectively, for the term of four years, but they shall be at any time subject to removal by the district court; and no person shall at any time be a clerk or deputy clerk of a United States court and a United States commissioner without the approval of the Attorney-General: Prorided, That all acts and parts of acts applicable to commissioners of the circuit courts, except as to appointment and fees, shall be applicable to Uiiited.States commissioners appointed under this act. Warrants of arrest for violations of internal-revenue laws may be issued by United States commissioners upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector or deputy collector of internal revenue, or revenue agent or private citizein, but no such warrant of arrest shall be issued upon the sworn complaint of a private citizen unless first lapproved in writing by a United States district attorney. Thlat United States commissioners aiid all clerks of United States courts are hereby authorized to administer oaths. * -* * * * * * Applrovedl, May 28. 1896. (2) Stat., 184.) [No. 71.] CONFIRMATION OF CERTAIN HOMESTEAD ENTRIES PREMATURELY COMMUTED, ETC. CIHAP. 312.-AN ACT relating to commutations of homestead entries, and to confirm such entries when commutation proofs were received by local land officers prematurely. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall appear to the Commissioner of the General Land Office that an error has heretofore been made by the officers of any local land office in receiving premature commutation proofs uinder the homestead laws, and that there was no fraud practiced by the entryman in making such proofs, and final payment has been made and a final certificate of entry has been issued to the entryman, and that there are no adverse claimants to the land described in the certificates of entry whose rights originated prior to making such final proofs, and that no other reason why the title shoul'd not vest in the entryman exists except that the commutationl was made less than fourteen months front the date of the homestead settlement, and that there was at least six months' actual residence in good faith by the homestead entryman on the land prior to such commutation, such certificates of entry shall be in all things confirmed to the entryman, his heirs, and legal representatives, as of the date of such final certificate of entry and a patent issue thereon; and the title so patented shall inure to the benefit of any grantee or transferee in good faith of such entryman subsequent to the date of such final cer 244 TITLE TO PUBLIC LANDS. tificate: Provided, That this act shall not apply to commutation and holmestead entries on which final certificates have been issued, and which have heretofore been canceled when the lands made vacant by such cancellation have been reentered under the homestead act. SEC. 2. That all commutations of homestead entries shall be allowed after the expiration of fourteen months from date of settlement. SEC. 3. That all acts and parts of acts in conflict with any of the provisions of this act are hereby repealed. SEc. 4. That this act shall take effect and be in force from and after its passage and approval. Approved, June 3, 1896. (29 Stat., 197.) [No. 72.] SETTLERS ON NORTHERN PACIFIC SECOND INDEMSNITY GRANT, MINNESOTA, ALLOWED OTHER LANDS FOR CANCELED ENTRIES. CHAP. 316.-AN ACT for the relief of settlers on the Northern Pacific Railroad indemnity lands. Be it enacted by the Senate and House of Representatires of the United States of America in Congress tssembled, That those persons, their heirs, or legal representatives, who, between the fifteenith day of August, anno Domilni eighteen hundred and eighty-seven, and the first (lay of Jalnuuary, anlno Domtini eighteen hundred and eighty-nine, settled upon alnd made fillal proof and entry, lunder the homestead or preenll)tion laws, of lands within the so-called second indemnity belt of the Northern Pacific Railway Company's grant in tlhe State of Minnesota, which entries were atterwards, without their fault, canceled, upon establishinig the facts before the register and receiver of the local land office, in such mode and under such rules as may be prescribed by the Secreretary of the Interior, shall be allowed to make final homestead entry, and receive a patent therefor, of a quantity of land of any of the unappropriated lpublic lanids of the United States subject to homestead elltry, equal in acreage to the land proved up and entered ill tlhe said secolnd iudemnity belt, as aforesaid, without beilng required to make ally settlement or ipllrovement uponi or cultivation of such ]and so entered prior to such entry: and those persons, their heirs or legal repreelltatives, who, withiil the period aforesaid for the space of six months settled upon, implroved, andl cultivated any of said ilndemnity lands witl a view of entering the same under the homestead or preemption laws, being competent to mnake such entries, and who were not permitted to make such entries, upon establishing these facts before the register and receiver of the local lald office, in such mlode and under snhll rules as tlie Secretary of the I ulterior may prescribe, shall be allowed to enter under the homestead laws of the United States a quantity of land of the unal)propriate(l plublic lands of the United States, subject to homestead entry, eullil iin aoulnt to thle land settled upon, improved, anid cultivated, as aforesaid, iand uInder the homnestead entry so madle, shall, wheni making proof and final entry, receive credit for the settlement, improvement, and cultivation made upon the said indemniity lanld as aforesaid: Provided, That thle law in force in eighteen hundred andl eighty-nine governing thle commutation of homestead entries shall apply to the commutation of entries under tllis section. SEC. 2. That those who are entitled to make the homestead entries prescribed in the preceding section may make such entries of any of TITLE TO PUBLIC LANDS. 245 the agricultural land~ embraced in the provisions of an act entitled "An act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January fourteenth, eighteen hundred and eighty-nile, upon condition of paying for such lands the price prescribed in said act. SEC. 3. That the right of homestead entry conferred by the provisionsof this act shall not be assignable, and no conveyance, sale, or transfer of the land so entered shall be valid or of any effect if made before patent has issued. Approved, June 3, 1896. (29 Stat., 245.) [No. 73.] ENTRY OF LANDS IN GREER.COUNTY, OKLAHOMA. CHAP. 62.-AN ACT to provide for the entry of lands in Greer County, Oklahoma, to give preference rights to settlers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person qualified under the homestead laws of the United States, who, on March sixteenth, eighteen hundred and ninety-six, was a bona fide occupant of land within the territory established as Greer County, Oklahoma, shall be entitled to continue his occupation of such land with improvemlents thereon, not exceeding one hundred and sixty acres, and shall be allowed six months preference right from the passage of this act withil which to initiate his claim tlereto, and shall be entitled to perfect title thereto under the provisions of the homestead law, upon payment of land office lees only, at thle expiratiol of five years from the date of entry, except that such person shall receive credit for all time during which he or those under whom he claims shall have continuously occupied the same prior to March sixteenth, eighteen hundred and ninety-six. Every such person shall also have the right, for six months prior to all other persons, to purchase at one dollar an acre, in five equal annual payments, any additional land of which he was in actual possession on March sixteenth, eighteen hundred and ninety-six, not exceeding one hundred and sixty acres, which, prior to said date, shall have been cultivated, purchased, or improved by him. When any person entitled to a homestead or additional land, as above provided, is the head of a family, and though still living, shall not take such homestead or additional land, within six lnonths from the passage of this act, any member of such family over the age of twenty-one years, other than husband or wife, shall succeed to the right to take such homestead or additional land for three months longer, and any such member of the family shall also have the right to take, as before provided, any excess of additional land actually cultivated or improved prior to March sixteenth, eighteen hundred and ninety-six above the amount to which such head of the family is entitled, not to exceed one hundred and sixty acres to any one person thus taking as a member of such family. In case of the death of any settler who actually established residence and made improvement on land in said Greer County prior to March sixteenlth, eighteen hundred and ninety-six, the entry shall be treated as having accrued at the time the residence was established, and sections twenty-two hundred and ninety-one and twenty-two hundred and ninety-two of the Revised Statutes shall be applicable thereto. 246 TITLE TO PUBLIC LANDS. Any person entitled to such homestead or additional land shall have the right prior to January first, eighteen hundred and ninety-seven, from the passage of this act to remove all crops and improvements he may have on land not taken by him. SEC. 2. That all land in said county not occupied, cultivated, or improve(l, as provided in the first section hereof, or not included within the limits of any town site or reserve, shall be subject to entry to actual settlers only, under the provisions of the homestead law. SEC. 3. That the inhabitants of any town located ilt said county shall be entitled to enter the same as a town site under the provisions of sections twenty-three hundred and eighty-seven, twenty-three hundred and eighty-eight, and twenty-three hundred and eighty-nine of tile Revised Statutes of the United States: Provided, That all persons who have made or own improvements on any town lots in said county made prior to March sixteenth, eighteen hundred and ninety-six, shall have the preference right to enter said lots under the provisions of this act and of the general town-site laws. SEC. 4. Sections numbered sixteen and thirty-six are reserved for school purposes as provided in laws relating to Oklahoma, and sections thirteen and thirty-three in each township are reserved for such purpose as the legislature of the future State of Oklahoma may prescribe. That whenever any of the lands reserved for school or other purposes under this act, or under the laws of Congress relating to Oklahoma, shall be found to have been occupied by actual settlers or for town-site purposes or homesteads prior to March sixteenth, eighteen hundred and ninety-six, an equal quantity of indemnity lands may be selected as provided by law. SEC. 5. That all lands which on March sixteenth, eighteen hundred and ninety-six, are occupied for church, cemetery, school, or other charitable or voluntary purposes, not for profit, not exceeding two acres in each case, shall be patented to the proper authorities in charge thereof, under such rules.nd regulations as the Secretary of the Interior shall establish, upon payment of the Government price therefor, excepting for school purposes. SEC. 6. That there shall be a land office established at Mangum, in said county, upon the passage of this act. SEC. 7. That the provisions of this act shall apply only to Greer County, Oklahoma, and that all laws inconsistent with the provisions of this act, applying to said territory inl said county, are hereby repealed; and all laws authorizing commutations of homesteads in Oklahoma shall apply to Greer County. SEC. 8. That this act shall take effect from its passage and approval. Approved, January 18, 1897. (29 Stat., 490.) [No. 74.J FORFEITED RAILROAD GRANTS-EXTENSION OF TIME TO PURCHASE. CHAP. 250.-AN ACT to amend an act entitled "An act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes," approved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section three of an act entitled "An act to forfeit certain lands heretofore granted for the pur TITLE TO PUBLIC LANDS. 247 pose of aiding in the construction of railroads, and for other purposes," approved September twenty-ninth, eighteen hundred and ninety, and the several acts amendatory thereof, be, and the same is, amended so as to extend the time within which persons entitled to purchase lands forfeited by said act shall be permitted to purchase the same, in the (ltlantities and upon the terms provided in said section and the amendients thereto, at any time prior to January first, eighteen hundred and iiinety nine: Provided, That nothing herein contained shall be so construed as to interfere with any adverse claim that may have attached to the lands or any part thereof. Approved, February 18, 1897. (29 Stat., 535.) [No. 75.J EXTENSION OF TIME TO SETTLERS IN' GREER COUNTY, OKLAHOMIA. CHAP. 8.-AN ACT to amend an act entitled "An act to provide for the entry of lands in Greer County, Oklahoma, to give preference rights to settlers, and for other purposes," approved January eighteenth, eighteen hundred and ninetyseven. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That the time for the exercise of the preference right of entry granted to bona fide occupants of land within the territory established as Greer County, Oklahoma, by section one of an act entitled "An act to provide for the entry of lands in Greer County, Oklahoma, to give preference rights to settlers, and for other purposes," approved January eighteenth, eighteen hundred and ninetyseven, be, and the same is hereby, extended to January first, eighteen hundred and ninety-eight. Approved, June 23, 1897. (30 Stat., 105.) [No. 76.] GRANTING RIGHT OF WAY FOR TRAMROADS, CANALS, ETC. CHAr. 292.-AN ACT to amend an act to permit the use of the right of way through public lands for tramroads, canals, and reservoirs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act entitled "An act to permit the use of the right of way through the public lands for tramlroads, canals, and reservoirs, and. for other purposes," approved January twenty-first, eighteen hundred and ninety-five, be, and the same is hereby, amended by adding thereto the following: " That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way upon the public lands of the United States, not 'within limits of any park, forest, military, or Indian reservations, for tramways, canals, or reservoirs, to the extent of the ground occupied by the water of the canals and reservoirs, and fifty feet on each side of the marginal limits thereof, or fifty feet on each side of the center line of the tramroad, by any citizen or association of citizens of the United States, for the purposes of furnishing water for domestic, public, and other beneficial uses. " SEC. 2. That the rights of way for ditches, canals, or reservoirs 248 TITLE TO PUBLIC LANDS. heretofore or hereafter approved under the provisions of sections eighteen, nineteen, twenty, and twenty-one of the act entitled 'An act to repeal timber-culture laws, and for other purposes,' approved March third, eighteen hundred and ninety-one, may be used for purposes of a public nature; and said rights of way may be used for purposes of water transportation, for domestic purposes, or for the development of power, as subsidiary to the main purpose of irrigation." Approved, May 11, 1898. (30 Stat., 404.) [iNo. 77.] LEGISLATION FOR ALASKA. AN ACT extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the homesteaddld laws of the United States and the rights incident thereto, including the right to enter surveyed or unsurveyed lands under provisions of law relating to the acquisition of title through soldiers' additional homestead rights, are hereby extended to the District of Alaska, subject to such regulations as may be made by the Secretary of the Interior; and no indlemnity, deficiency, or lieu lands pertainling to any land grant whatsoever originating outside of said District of Alaska shall be located within or taken from lands in said District: Provided, That no entry shall be allowed extending more than eiglhty rods along the shore of any navigable water, and along such shore a space of at least eighty rods shall be reserved from entry between all such claims, and that nothing lherein contained shall be so construed as to authorize entries to be made, or title to be acquired, to the sllore of any navigable waters within said District: And it is frther provided, That no homestead shall exceed eiglty acres in extent. SEC. 2. That the right of way through the lands of the United States in the District of Alaska is hereby granted to any railroad compauy, dlly organized under the laws of any State or Territory or by the Congress of the United States, which may hereafter file for record with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the center line of said road; also the right to take from the lands of the United States adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also the right to take for railroad uses, subject to the reservation of all minerals and coal tlerein, public lands adjacelt to said right of way for station buildings, depots, machine shops, side tracks, turn outs, water stations, and terminals, and otler legitimate railroad purposes, not to exceed in amount twenty acres for eaclh station, to the extent of one station for each ten miles of its road, excepting at terminals and junction points, which may include additional forty acres, to be limited on navigable waters to eighty rods on the shore line, and with the right to use such additional ground as may in the opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: Provided, That nothing herein contained shall be so construed as to give to such railroad company, its lessees, grantees, or assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands hereby granted: Provided further, That TITLE TO PUBLIC LANDS. 249 all mining operations prosecuted or undertaken within the limits of such right of way or of the lands hereby granted shall, under rules and regulaticns to be prescribed by the Secretary of the Interior, be so conducted as not to injure or interfere with the property or operations of the road over its said lands or right of way. And when such railway shall connect with any navigable stream or tide water such company shall have power to construct and maintain necessary piers and wharves for connection with water translortation, subject to the supervision of the Secretary of the Treasury: Provided, That nothing in this act contained shall be construed as impairing in any degree the title of any State tliat may hereafter be erected out of said District, or any part thereof, to tide lands and beds of any of its navigable waters, or the right of such State to regulate the use thereof, nor the right of the United States to resume possession of such lands, it being declared that all such rights shall continue to be lheld by the United States in trust for the people of any State or States which may hereafter be erected out of said District. The term "navigable waters," as herein used, shall be leld to include all tidal waters up to the line of ordinary high tide and all noltidal waters navigable in fact up to the line of ordinary high-water mark. That all charges for the transportation of freight and passengers on railroads in the District of Alaska slhall be printed and posted as required by section six of an act to regulate commerce as ainelnded on March second, eighteen hundred and eighty-nine, and suchl rates shall be subject to revision and modification by the Secretary of the Interior. SEC. 3. That any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile shlall not prevent any other railroad company from the use and occupancy of said canyon, pass, or defile for the purposes of its roads, in common with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any tramway, wagon road, or other public highway now located therein, nor prevent the location through the same of any such tramway, wagon road, or higlhway where such tramway, wagon road, or highway may be necessary for the public accommodation; and where any change in the locationl of such tramway, wagon road, or highway is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such tramway, wagon road, or highway, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road or tramway: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile, and that where the space is limited the United States district court shall require the road first constructed to allow any other railroad or tram-. way to pass over its track or tracks through such canyon, pass, or defile on such equitable basis as the said court may prescribe; and all shippers shall be entitled to equal accommodations as to the movement of their freight and without discrimination in favor of any person or corporation: Provided, That nothing herein shall be construed as depriving Congress of the right to regulate the charges for freight, passengers, and wharfage. SEC. 4. That where any company. the right of way to whiclh is hereby granted, shall in the course of construction find it necessary to pass over private lands or possessory claims on lands of the United States, con TITLE TO PUBLIC LANDS. demnation of a right of way across the same may be made in accordance with section three of the act entitled "An act to amend an act entitled 'An act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two,"' approved July second, eighteen hundred and sixty-four: Proivided Jtrther, That any such collpany, by filing with the Secretary of the Interior a preliminary actual survey and plat of its proplosed route, shall have the right at any time within one year thereafter, to file the map and profile of definite location provided for in this act, and such preliminary survey and plat shall, during the said period of one year from the time of filing the same, have the effect to render all the lands on which said preliminary survey and plat shall pass subject to such right of way. SEC. 5. That any company desiring to secure the benefits of this act shall, within twelve months after filing the preliminary map of location of its road as hereinbefore prescribed, whether uponl surveyed or unsurveyed lands, file with the register of the land office for the district where such land is located a map and profile of at least a twenty mile section of its road or a profile of its entire road if less than twenty miles, as definitely fixed, and shall thereafter each year definitely locate and file a map of such location as aforesaid of not less than twenty miles additional of its line of road until the entire road has been thus definitely located, and upon approval thereof by the Secretary of the Interior the same shall be noted upon the records of said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way: Provided, That it any section of said road shall not be completed within one year after the definite location of said section so approved, or if the map of definite location be not filed within one year as herein required, or it the entire road shall not be completed within four years from the filing of the map of definite location, the rights herein granted shall be forfeited as to any such uncompleted section of said road, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way, stations, and terminals shall cease and become null and void without further action. SEC. 6. That the Secretary of the Interior is hereby authorized to issue a permit, by instrument in writing, in conformity with and subject to the restrictions herein contained, unto any responsible person, company, or corporation, for a right of way over the public domain in said District, not to exceed one hundred feet il width, and ground for station and other necessary purposes, not to exceed five acres for each station for each five miles of road, to construct wagon roads and wire *role, aerial, or other tramways, and the privilege of taking all necessary material from the public domain in said District for the construci ion of such wagon roads or tramways, together with the right, subject to supervision and at rates to be approved by said Secretary, to levy and collect toll or freight and passenger charges on passengers, animals, freight, or vehicles passing over the same for a period not exceeding twenty years, and said Secretary is also authorized to sell to the owner or owners of any such wagon road or tramway, upon the completion thereof, not to exceed twenty acres of public land at each terminus at one dollar and twenty-five cents per acre, such lands when located at or near tide water not to extend more than forty rods in width along the TITLE TO PUBLIC LANDS. 251 shore line and the title thereto to be upon such expressed conditions as in his judgment may be necessary to protect the public interest, and all minerals, including coal, in suclh right of way or station grounds shall be reserved to the United States: Provided, That such lands may be located concurrently with the line of such road or tramway, and the plat of preliminary survey and the map of definite location shall be filed as in the case of railroads and subject to the same conditions and limitations: Provided Jfurther, That such rights of way and privileges shall only be enjoyed by or granted to citizens of the United States or companies or corporations organized under the laws of a State or Territory; and such rights and privileges shall be held subject to the right of Congress to alter, amend, repeal, or grant equal rights to others on contiguous or parallel routes. And no right to construct a wagon road on which toll mnay be collected shall be granted unless it shall first be made to appear to the satisfaction of the Secretary of the Interior tlhat the public convenience requires the construction of such proposed roadl, and that the expense of making the same available and convenient for public travel will not be less on an average than five hundred dollars per mile: Provided, That if the proposed line of road in any case shall be located over any road or trail in common use for public travel, the Secretary of the Interior shall decline to grant such right of way, if, in his opinion, the interests of the public would be injuriously affected thereby. Nor shall any right to collect toll upon any wagon road in said District be granted or inure to any person, corporation, or coillpany until it shall be made to appear to the satisfaction of said Secretary that at least an average of five hundred dollars per mile has been actually expended ill constructing suchl road; and all persons are prohibited from collecting or attempting to collect toll over any wagon road in said District, unless such person or the company or person for whom he acts shall at the time and place the collection is made or attempted to be made possess written authority, signed by the Secretary of the Interior, authorizing the collection and specifying the rates of toll: Provided, That accurate printed copies of said written authority friom the Secretary of the Interior, including toll, freight, and passenger charges thereby approved, shall be kept constantly and conspicuously posted at each station where toll is demanded or collected. And any person, corporation, or company collecting or attempting to collect toll without such written authority from the Secretary of the Interior, or failing to keep the same posted as herein required, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not less than fifty dollars nor more than five hundred doll;rs, and in default of payment of such fine and costs of prosecution shall be imprisoned in jail not exceeding ninety days, or until such fine and costs of prosecution shall have been paid. That any person, corporation, or company qualified to construct a, wagon road or tramway under the provisions of this act that may heretofore have constructed not less than one mile of road, at a cost of not less than five hundred dollars per mile, or one half mile of tramway at a cost of not less than five hundred dollars; shall have the prior right to apply for such right of way and for lands at stations and terminals and to obtain the same pursuant to the provisions of this act over and along the line hitherto constructed or actually being improved by the applicant, including wharves connected therewith. That if any party to whom license has been granted to construct such wagon road or tramway shall, for the period of one year, fail, neglect, or refuse to complete the same, the rights herein granted shall be forfeited as to any 252 TITLE TO PUBLIC LANDS. such uncompleted section of said wagon road or tramway, and thereupon shall revert to the United States without further action or declaration, the notation of such uncompleted section upon the records of the land office shall be canceled, and the reservations of such lands for the purposes of said right of way shall cease and become null and void without further action. And if such road or tramway shall not be kept in good condition for use, tile Secretary of the Interior may prohibit the collection of toll thereon pending the making of necessary repairs. That all mortgages executed by any company acquiring a right of way under this act, upon any portion of its road that may be constructed in said District of Alaska, shall be recorded witl the Secretary of the Interior, and the record thereof shall be notice of their execution, and shall be a lien upon all the rights and property of said company as therein expressed, and such mortgage shall also be recorded in the office of the secretary of the District of Alaska and in the office of the secretary of the State or Territory wherein such company is organized: Provided, That all lawfil claims of laborers, contractors, subcontractors, or material men, for labor performed or material turInished in the construction of the railroad, tramway, or wagon road shall be a first lien thereon and take precedence of any mortgage or other lien. SEC. 7. That this act shall not apply to any lands within the limits of any military, park, Indian, or other reservation unless such right of way shall be provided for by act of Congress. SEC. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this act or any part thereof; and the right of way herein and hereby authorized shall not be assigned or transferred in any form whatever prior to the construction and completion of at least one-fourth of the proposed mileage of such railroad, wagon road, or tramway, as indicated by the map of definite location, except by mlortgages or other liens that may be given or secured thereon to aid in the construction thereof: Provided, That where within ninety days after the approval of this act, proof is made to the satisfaction of the Secretary of the Interior that actual surveys, evidenced by designated monuments, were made, and the line of a railroad, wagon road or tramway located thereby, or tlat actual construction was commenced on the line of any railroad, wagon road or tramway, prior to January twenty-first, eighteen hundred and ninety-eight, thle rights to inure hereunder shall, if the terms of this act are complied witl as to such railroad, wagon road or tramway, relate back to the date whenl such survey or construe tion was commenced; and in all conflicts relative to the right of way or other privilege of this act the person, company or corporation having been first in time in actual survey or construction, as the case may be, shall be deemed first in right. SEC. 9. That the map and profile of definite location of such railroad, wagon road, or tramway, to be filed as hereinbefore provided, shall, when the land passes over surveyed lands, indicate the location of tlhe road by reference to section or other established survey corners, and where such line passes over unsurveyed lands the location thereon shall be indicated by courses anll distances and by references to natural objects and permanent monuments in such mariner that the location of the road may be readily determined by reference to descriptions given in connection with said profile map. SEC. 10. That any citizen of the United States twenty-one years of age, or any association of such citizens, or any corporation incorporated under the laws of the United States or of any State or Territory now TITLE TO PUBLIC LANDS. 253 authorized by law to hold lands in the Territories, hereafter in the possession of and occupying public la]nds in the District of Alaska in good faith for the purposes of trade, manufacture, or other productive iiidustry, may each purchase one claim only not exceeding eighty acres of such lanl(d for any one person, association, or corporation, at two dollars and fifty cents per acre, upon submission of proof tlat said area embraces improvements of the claimant and is needed in the prosecution of such trade, manufacture, or other productive industry, such tract of land not to ilclude mineral or coal lands, and ingress and egress shall be reserved to the public on the waters of all streams, whether navigable or otherwise: P'rotided, That no entry shall be allowed under tllis act on lands abutting onl navigable water of more than eighty rods: Proviled furthler, That there shall be reserved by the United States a space of eighty rods in width between tracts sold or entered under the provisions of this act on lands abutting on any navigable stream, inlet, gulf, bay, or seashore, and that the Secretary of the Interior may grant the use of such reserved lands abutting on the water front to any citizen or association of citizens, or to any corl)oration incorporated under thle laws of the United States or under tlhe laws of any State or Territory, for landings, and wharves, with tlhe provision that tlhe public shall have access to an(d proper use of such wharves, and landings, at reasonable rates of toll to be prescribed by said Secretary, and a roadway sixty feet in width, parallel to the shore lille as near as may be practicable, shall be reserved for the use of the public as a highway: Provided further, That in case more thanl one person, association, or corporation shall claim tlhe same tract of land, thle person, associationl, or corporation having the prior claim, by reason of actual possession and continued occupation in good faith, shall be entitled to purchase the same, but where several persons a e or may be so possessed of parts of the tract applied for the same shall be awarded to them according to their respective interests: Provided f trther, That all claims substantially square in form and lawfully initiated, prior to January twenty-first, eighteen hundred and ninetyeight, by survey or otherwise, under sections twelve and thirteen of the act approved Ma'rch third, eighteen hundred and ninety-one (Twentysixth Statutes at Large, Chapter five hundred and sixty-olle), mnay be perfected and lpateteld upon compliance with tlhe provisions of said act, but sub ject to the requirements and provisions of this act, except as to area, but in no case slhall such entry extend along the water front for more than one hundred and sixty rods: And plro idedjfurther, That the Secretary of tlhe l lterior shall reserve for the use of the natives of Alaska suitable tracts of land along the water front of any stream, inlet, bay, or sea shore for landing llaces for canoes and(l other craft used by sulch natives: Plrovided, That the Annette, Pribiiof Islands, and the islands leased or occupied for the propagation of foxes be excepted from tlhe operation of this act. That all afiidavits, testimony, proofs, and other papers provided for by this act and by said act of March third, eighteen hundred and iinety-one, or by any del)artlllental or Executive regulation thereunder, by depositions or otherwise, under commission from the register and receiver of the land office, which may have been or may hereafter be taken and sworn to anywhere in the United States, before aniy court, judge, or other officer authorized by law to administer an oath, shall be admitted in evidence as if takenl before the register and receiver of the proper local land office. And thereafter such proof, together with a certified copy of thle field notes andl plat of the survey of the claim, 254 TITLE TO PUBLIC LANDS. shall be filed in the office of the surveyor-general of the District of Alaska, and if such survey and plat shall be approved by him, certified copies thereof, together with the claimant's application to purchase, shall be filed in the United States land office in the land district in which the claim is situated, whereupon, at the expense of the claimant, the register of such land office shall cause notice of such application to be published for at least sixty days in a newspaper of general circulation published nearest the claim within the District of Alaska, and the applicant shall at the time of filing such field notes, plat, and application to purchase in the land office, as aforesaid, cause a copy of such plat, together with the application to purchase, to be posted upon the claim, and such plat and application shall be kept posted in a conspicuous place on such claim continuously for at least sixty days, and during such period of posting andl publication or within thirty days thereafter any person, corporation, or association, having or asserting any adverse interest in, or claim to, the tract of land or any part thereof sought to be purchased, may file in the land office where such application is pending, under oath, an adverse claim setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin action to quiet title in a court of competent jurisdiction within the District of Alaska, and thereafter no patent shall issue for such claim until the final adjudicatioii of the rights of the parties, and such lpatent shall then be issued in conformity with the final decree of the court. SEC. 11. That the Secretary of the Interior, uncder such rules and regulations as he may prescribe, may cause to be app)raised the timber or any part thereof upon public laiids in the District of Alaska, and may from time to time sell so much thereof as he may deem proper for not less than the appraised value thereof, in such quantities to each purchaser as he shall prescribe, to be used in the District of Alaska, but not for export therefrom. Amd such sales shall at all times be limited to actual necessities for consumption in the District from year to year, and payments for sucl timber shall be made to the receiver of public moneys of the local land office of the land district il which said timber may be sold, under such rules and regulations as the Secretary of the Interior may prescribe, and the moneys arising therefrom shall be accounted for by the receiver of such land office to the Commissioner of the General Land Office in a separate account, and shall be covered into the Treasury. The Secretary of the Interior may permit, under regulations to be prescribed by him, the use of timber found upon the public lands in said District of Alaska by actual settlers, residents, individual miners, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, a;;d for domestic purposes, as may actually be needed by sucl persons for such purposes. SEC. 12. That the President is authorized and emnpowered, in his discretion, by Executive order from time to time to establish or discontinue land districts in the District of Alaska, and to define, modify, or change the boundaries thereof, and designate or clhange the location of any land office therein; and he is also authorized and emlpowered to appoint, by and with the advice and consent of the Senate, a register for each land district he may establish and a receiver of public moneys therefor; and the register and receiver appointed for such district shall, during their respective terms of office, reside at the place designated for the land office. That the registers amid receivers of public moneys in the land districts of Alaska shall eacl receive an annual salary of one thousand five hundred dollars and the fees provided by TITLE TO PUBLIC LANDS. 255 law for like officers in the State of Oregon, not to exceed, including such salary and fees, a total annual compensation of three thousand dollars for each of said officers. SEC. 13. That native-born citizens of the Dominion of Canada shall be accorded in said District of Alaska the same mining rights and privileges accorded to citizens of the United States in British Columbia and the Northwest Territory by the laws of the Dominion of Canada or the local laws, rules, and regulations; but no greater rights shall be thus accorded than citizens of the United States or persons who have declared their intention to become such may enjoy in said District of Alaska; land the Secretary of the Interior shall from time to time promulgate and enforce rules and regulations to carry this provision into effect. SEC. 14. That under rules and regulations to be prescribed by the Secretary of the Treasury, the privilege of entering goods, wares, and merchandise in bond or of placing them in bollnded warehouses at any of the ports in the District of Alaskla, and of withdrawing the same for exportation to any place in British Columbia or the Northwest Territory without payment of duty, is hereby granted to the Government of the Dominion of Canada and its citizens or citizens of the United States and to person s who liave declared their intention to become such whenever and so long as it shall appear to the satisfaction of the Presilent of t le United States, who shall ascertain and declare the fact by proclaimation, that correspollding privileges have been ar(l are being granted by tlhe Government of the D)ominion of Canada in respect of goods, wares and merchandise passillng through te territory of the Dominion of C(anada to any point in the District of Alaska from any point in said District. Approved, May 14, 1898. (30 Stat., 409.) [No. 78.] DISTINCTION BETWEEN OFFERED AND UNOFFERED LANDS ABOLISHED IN CERTAIN CASES. CHIAI. 344.-AN ACT to abolish the distinction between offered and unoffered lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asseimbled, That in cases arising from and after the passage of this act the distinction now obtaining ill the statutes between offered and unoffered lands shall no longer be made in passing upon subsisting preemption claims, in disposing of the public lands under the homestead laws, and under the timber and stone law of June third, eighteen hundred and seventy eight, as extended by the act of August fourth, eighteel hundred and ninety-two, but in all such cases hereafter arising the land in question shall be treated as unoffered, without regard to whether it may have actually been at some time offered or not. SEC. 2. That all public lands within the State of Missouri shall hereafter be subject tc disposal at private sale in the manner now provided by law for the sale of lands which have been publicly offered for sale, whether such lands have ever been offered at public sale or not: Provided, That the actual settlers shall have a preference right, under such rules and regulations as the Secretary of the Interior may prescribe. Approved, May 18, 1898. (30 Stat., 418.) 256 TITLE TO PUBLIC LANDS. [No. 79.1 MILITARY SERVICE OF SETTLER ENLISTED AS SOLDIER, ETC.7 TO BE EQTIVALENT TO RESIDENCE, ETC. CHAPi. 458.-AN ACT for the protection of homestead settlers who enter the military or naval service of the United States in time of war. Be it enacted by the Senate and Hoause of' Representatives of the United States of America in Congress assembled, That ill every case in which a settler on the lpublic land of the United States under the homestead laws enllists or is actually engaged in the Army, Navy, or Marine Corps of the United States tas lIrivate soldier, officer, seaman, or marine, during the existing war with Spain, or during any otlier war in whlich the United States may be enlgage(l, his service:s therein shall, in the admiuistration. of the homestead laws, be construed to be equivalent to all intents and purposes to residence and cultivation for the saime lenigth of time upon the tract entere(l or settled Upoln; an(l hereafter no conitest shall be initiated on thle ground of abandonment, nor allegation of abandonment sustaine(l against auy such settler, unless it shall be alleged in thle preliminary affidavit or affidavits of contest, and provel at the hearing in cases hereafter initiated, tlat the settler's allegedl absence from the land was nlot due to his employment illn suchll service: Provided, Tihat if such settler shall be discharged on;(ccount of woundls received or disability incurred in the line of ditty, then tile terni of hlis eiulistment shall be (leducted fromi the required lelngthi of residence without reference to the time of actual service: 1'rozidedl further, Thlat no latent shall issue to any h]omestead settler who ihas Inoi resided ul)oni, improved, and cultivated hlis hlomesteadl for a period of at least one year after lie shall have commenlced his inml)rovemuemlts. Approved, June 16, 1898. (30 Stat., 473.) [No. So.] RELINQUISH-MENT OF LAND WVITHIN THE INDEMNITY LIMITS OF THE NORTHIERN PACIFIC RAILROAD GRANTS. CHAP. 546.-AN ACT making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and( nilnetynine, and for other purposes. That where, prior to January first, eighteen hundred and ninetyeight, the whole or any part of anll dd-llulmbered sectionl, in either tile granted or the ind(lemnity limits of the landt grant to the Northern Pacific Railroad C olml)any, to which the right of the grantee or its (lawful successor is claimed to lhave attached by definite location or selection, has beeni purchlased directly fromi the United States or settled upon or claime(l ill good faith by any quallified settler un1der color of title or claim of righlt under any law of the United States or anLy ruling of tile Interior Delartment, andlt where purchaser, settler, or claimant refuses to transfer his entry as hereinafter lprovidled, thle railroad grantee or its successor in interest, ul)on a proper reliniquishment thereof, shall be eintitled to select in lieu of the land relinqluished an equal lquantity of public lands, surveyed o*r nnsurveyed, not mineral or reserved, and not TITLE TO PUBLIC LANDS. valuable for stone, iron, or coal, and free from valid adverse claim or not occupied by settlers at the time of such selection, situated within any State or Territory into which such railroad grant extends, and patents shall issue for the land so selected as though it had been originally granted; but all selections of unsurveyed lands shall be.of oddnumbered sections, to be identified by the survey when made, and patent therefor shall issue to and in the name of the corporation surrendering the lands before mentioned, and such patents shall not issue until after the survey: Provided, howerer, That the Secretary of the Interior shall from time to time ascertain and, as soon as conveniently may be done, cause to be prepared and delivered to the said railroad grantee or its successor in interest a list or lists of the several tracts which have been purchased or settled upon or occupied as aforesaid, and are now claimed by said purchasers or occupants, their heirs or assigns, according to the smallest. Government subdivisions. And all right, title, and interest of the said railroad grantee or its successor in interest in and to any of suchl tracts, which the said railroad grantee or its successor in interest may relinquish hereunder shall revert to the United States, and such tracts shall be treated, under the laws thereof, in the same manner as if no rights thereto had ever vested in the said railroad grantee, and all qualified persons who have occupied and may be on said lands as herein provided, or who have purchased said lands in good faith as aforesaid, their heirs and assigns, shall be permitted to prove their titles to said lands according to law, as if said grant had never been made; and upon such relinquishment said Northern Pacific Railroad Company or its lawful successor in interest may proceed to select, in the manner hereinbefore provided, lands in lieu of those relinquislled, and patents shall issue therefor: Provided further, That the railroad grantee or its successor in interest shall accept the said list or lists so to be made by the Secretary of the Interior as conclusive with respect to the particular lands to be relinquished by it, but it shall not be bound to relinquish lands sold or contracted byit or lands which it uses or needs for railroad purposes, or lands valuable for stone, iron, or coal: And provided further, That whenever any qualified settler shall in good faith make settlement in pursuance of existing law upon any odd-nulbered sections of unsurveyed public lands within the said railroad grant to which the right of such railroad grantee or its successor in interest has attached, then Ul)On proof thereof satisfactory to the Secretary of the Interior, and a due relinquishment of the prior railroad right, other lands may be selected ill lieu thereof by said railroad grantee or its successor in interest, as hereinbefore provided, and patents shall issue therefor: And provided further, That nothing herein contained slall be construed as intended or having the effect to recognize the Northern Pacific Railway Company as the lawful successor of the Northern Pacific Railroad Company in the ownership of the lands granted by the United States to the Northern Pacific Railroad Company, under and by virtue of foreclosure proceedings against said Northern Pacific Railroad Company in the courts of the United States, but the legal question whether the said Northern Pacific Railway Company is such lawful successor of the said Northern Pacific Railroad Company, should the question be raised, shall be determined wholly without reference to the provisions of this Act, and nothing in this Act shall be construed as enlarging the quantity of land which the said Northern Pacific Railroad Company is entitled to under laws heretofore enacted: And provided further, That all qualified settlers, their heirs or assigns, who, prior to January first, eighteen hundred 3073 17 258 TITLE TO PUBLIC LANDS. and ninety-eight, purchased or settled upon or claimed in good faith, under color.of title or claim of right under any law of the United States or any ruling of the Interior Department, any part of an oddnumbered section in either the granted or indemnity limits of the land grant to the Northern Pacific Railroad Company to which the right of such grantee or its lawful successor is claimed to have attached by definite location or selection, may in lieu thereof transfer their claims to an equal quantity of public lands surveyed or unsurveyed, not mini eral or reserved, and not valuable for stone, iron, or coal, and free from valid adverse claim, or not occupied by a settler at the time of such entry, situated in any State or Territory into which such railroad grant extends, and mlake proof therefor as in other cases provided; and in making such proof, credit shall be given for the period of their bona fide residence and amount of their improvements upon their respective claims in the said granted or indemnity limits of the land grant to the said Northern Pacific Railroad Company the same as if made upon the tract to which the transfer is made; and before the Secretary of the Interior shall cause to be prepared and delivered to said railroad grantee or its successor in interest any list or lists of the several tracts which have been purcliased or settled upon or occupied as hereinbefore provided, he shall notify the purchaser, settler, or claimant, his heirs or assigns, claiming against said railroad company, of his right to transfer his entry or claim, as herein provided, and shall give him or them option to take lieu lands for those claimed by him or them or hold his claim and allow the said railroad company to do so under the terms of this act. * * * X* * * * Approved, July 1, 1898. (30 Stat., 620.) [No. 81.] ADDITIONAL LEGISLATION IN REGARD TO LANDS IN GREER COUNTY, OKLAIOMA. AN ACT to amend section one of an Act to provide for tle entry of lanils in Greer County, Oklahoma Territory, to give preference right to settlers, and for other purposes. Be it enacted by the Senate and house of Representatives of the United States of America in Congress assembled, That section one of an act to give preference right to settlers in Greer County, Oklahoma Territory, is hereby so amended as to allow parties who have had the benefit of the homestead laws of the United States, and who had purchased lands in Greer County from the State of Texas prior to March sixteenth, eighteen hundred and ninety-six, to perfect titles to said lands according to the provisions of section one hereinbefore mentioned, under such regulations as the Commissioner of the General Land Office may prescribe, and according to the legal subdivisions of the public surveys, if no adverse rights have attached: Provided, That no settler shall be permitted to acquire to exceed three hundred and twenty acres under this provision. Approved, March 1, 1899 (30 Stat., 966). TITLE TO PUBLIC LANDS. INo. 82. SOLDIERS' ADDITIONAL ENTRIES, CIRCULAR FEBRUARY 18, 1890. DEPARTME!T OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., February 18, 1890. REGISTERS AND RECEIVERS, United States Land Offices. GENTLEMEN: Where parties apply to make entries under section 2306, United States Revised Statutes, claiming, by virtue of service in the army or navy of the United States during the late civil war, and of having made a homestead entry for less than 160 acres, prior to the 22d of June, 1874, and the right claimed is not certified by this office, after examination, under circular of May 17, 1877, and the certificate presented to you in support of the claim, I have to direct that before taking final action on the claim, you forward the papers to this office for examination in connection with the official records, after making the notations on your records necessary to show the pendency of the application, and the consequent segregation of the land, so as to prevent any adverse appropriation before the application is finally acted upon, and await instructions before taking any further action in the case. Very respectfully, LEWIS H. GROFF, Commissioner. rNo. 83.1 SOLI)IERS' ADDITIONAL ENTRIES, CIRCULAR DECEMBER 4, 1896, REFERRING TO CIRCULAR FEBRUARY 18, 1890. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, WVashington, D. C., December 4, i896. REGISTERS AND RECEIVERS, United States Land Offices. GENTLEMEN: Your attention is called to circular letter of February 18, 3890 (copy herewith), in regard to soldiers' additional homestead entries, the existence of which is in some instances being disregarded or overlooked. Under said circular you were directed not to allow applications for soldiers' additional entries under section 2306, Revised Statutes, to go to record when unaccompanied by certificates issued by the Commissioner of the General Land Office, certifying the right of the soldier to make additional entry for a specific amount of land. Your attention is also called to the circular of October 16, 1894 (copy herewith), in regard to certificates of right recertified by this office, under the act of August 18, 1894 (28 Stat., 397), in the names of assignees of soldiers. You are authorized to allow an entry to go to record when a certificate in the name of the soldier, or a recertified certificate in the name of the assignee ofthe soldier, is presented for locationi. But whenever an application to make additional entry under section 2306, Revised Statutes, not to locate a certificate, is made either by the soldier in person or by 260 TITLE TO PUBLIC LANDS. his assignee, who must file evidence of the alleged assignment, you will make the necessary notations on your records and transmit the application to this office for examination with the official records as directed in said letter of February 18, 1890, and await further instructions. With regard to the location of certificates recertified under the act of August 18, 1894, the present owner thereof must be connected with the soldier. Therefore, in the allowance of such locations final papers must be issued in the name of the present owner of the certificate, the one who applies to locate the same, as assignee of the soldier, not of another, whether the name of said present owner appears in the certificate as the immediate assignee of the soldier, or whether his ownership is shown by subsequent assignmlents. When a certificate is presented for location which las not been recertified under said act of August 18, 1894, the final papers should be issued in the name of the soldier, whoever may be the owner thereof. Very respectfully, E. F. BEST, Assistant Commissioner. [No. 84.] PREEMPTIONS. The laws which provided for preemptions on the lulblic lands of the United States were repealed by the fourth section of the act of March 3, 1891 (26 Stat., 1095; Appendix.so. 44, p. 221), which reads as follows, viz: SEC. 4. That chapter four of title thirty-two, excepting sections twenty-two hundred and seventy-five, twenty-two hundred and seventy-six, twenty-two hundred and eighty-six, of the Revised Statutes of the United States, and all other laws allowing preemption of the plllic lands of the United States, are hereby repealel; but all bona fide claims lawfully initiated before the passage of this act, under any of said provisions of law so repealed, may be pIrfected upon due compliance with law, in the same manner, upon the samle terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been passed. For information regarding the conditions on which bona fide claims lawfully initiated before the passage of the repealing act may be perfected, the following instructions are lpresented, viz: Preemption is the exercise of a rigiht by:a person possessing the qualifications required by statute who has made settlement in person on public land subject to preemption, not exceeding 160 acres, inhabited and improved it, and erected a dwelling thereon, to obtain title in preference to any other, by entry and purchase at the price at which the land is held. CLASS OF LANDS SUBJECT TO PREEMPTION. Public lands of the United States to which the Indian title has been extinguished and which are not included i:i any reservation by any treaty, law, or proclamation of the President, for any purpose; which are not included within the limits of any incorporated town or selected as the site of a city or town; which are not actually settled tipon nor occupied for purposes of trade and business and iiot for agriculture, and on which there are not situated any known mines or salines are subject to preemption. (Sec. 2258, Rev. Stat.; Appendix No. 1, p. 146.) TITLE TO PUBLIC LANDS. 261 QUALIFICATIONS OF PREEMPTORS. A preemptor must be the head of a family, a widow, or single person over the age of 21 years and a citizen of thle United States, or one who has declared his intention to becone a citizen, as provided by the naturalization laws. No person can acquire any right of preemption who is the plroprietor of 320 acres of land in aly State or Territory, nor who quits or aban(dolls his residence on his own land to reside on the public land in the samle State or Territory. I'ROCEEDINGS To A(CQ.UIRE TITLE TO LAND BY PREEMPTION. A party desiring to preempt a tract of land should carefully and in persol examline the lald, be certain of its true description according to the public surveys, and satisfy himself as to its character and desirability for purposes of residence and cultivation, and that there is no other valid claim to it. He is bound to personally know the land he claims, and any mistakes that might have been avoided with proper diligence are at his own risk. Having selected tile land he proposes to claim, he should move upon it and make an actual settlement thereon in person. He must go in person upon tle land and perform substantial acts as a bona fide actual settler thereon before he can acquire any right as a preemptor. When he lias (done this lie may file his declaratory statement in the district land otfice. This may be done in person or through the mails, but he can not file a declaratory statement before he lhas actually settled u)pon the land. Illegal filings resulting from tile willful fault or gross negligence of the preemptor exhaust the preemption right. A filing without actual settlement is illegal, and no rights are acquired thereby, altlhough a subsequent bona fide settlement may be recognized if made before tle intervention of a valid adverse claim and duly followed up by the proper inhabitancy and improvement. If the land is "offered," his declaratory statement must be filed within thirty days after he becomes a settler on the ]and. (Form No. 4-534, p. 272.) If the lalln is surveyed and " unofiebred," lie has three nmonths after becoming a settler on the land withill lwhich to make his filing. (Form No. 4-535, p. 272.) Settlers on unsurveyed land lhave three months after the plat of township survey is filed in the district land office within which to put their claims on record. Failure to file a declaratory statement within the time prescribed makes the land liable to the claim of an adverse settler who does file notice of his intention at the proper time and otherwise complies with the conditions of the law. (Sec. 2265, Rev. Stat.; Appendix No. 1, p. 148.) The declaratory statement must describe the land settled upon, state tlhe date of settlement, and declare the intention of the party to claim tlie same under the preemption laws. Tie declaratory statement must be in writing or printed according to the prescribed form and be witnessed by not less than two persons who live in the neighborhood of the land. The place of residence of claimant's witnesses and the postoffice address of claimant must be stated in the declaration. The existence of a preemption filing on a tract of land does not prevent anotner filing for the same land, subject to any valid rights acquired by virtue of any former settlement and filing. The land office fee for filing a declaratory statement is $2, except in the Pacific States and Territories, where the fee is $3. 262 TITLE TO PUBLIC LANDS. SECOND PREEMPTION FILINGS. The second filing of a declaratory statement by any preemptor who was qualified at the date of his first filing is illegal. (Sec. 2261, Rev. Stat.; Appendix No. 1, p. 147; Baldwin v. Stark, 107 U. S., 463; also Secretary's decision of February 27, 1884, case of Raymond, 10 Copp, 395.) Where the first filing, however, was illegal from any cause not the willful act of the party, he has the right to make a second and legal filing. (Goist v. Bottum, 5 L. D., 643.) And the right to make a second filing will be recognized when through no fault or negligence of the preemptor, consummation of title was not practicable under the first. (Paris Meadows et al., 9 L. 1)., 41.) RELINQUISHMENT OF PREEMPTION FILINGS. Preemption filings may le relinquished by the claimants in writing, filed with the register and receiver of the proper district land office, or the relinquishment may be executed by the claimant on the back of the declaratory statement receipt. Notice of such relinquishment should be promptly forwarded by the register to tile Commissioner of the General Land Office for his information. PRO(OF AND PAYMENT. On offered lands proof and payment must be made within twelve months from date of settlement. If the land is unoffered proof and payment may be made within thirtythree months from date of settlement, or in case of unsurveyed lands from date of filing plat of survey in the district office. The preemption laws are intenlded for the benefit of persons making settlement upon the public lands, followed by residence and improvement and the erection of a dwelling thereon. Residence must be both continuous, and personal. (Bohall v. Dilla, 114 U. S. Supreme Court Reports, 47, 51.) "It was necessary for the preemptor to prove that he occupied the premises continuously after filing his declaratory statement." ([bid.) The Department requires, in evidence of the genuineness of settlement, that six months of actual residence shall be passed before proof and payment, and then proof of compliance with law in all respects must be sufficient and satisfactory. A party offering proof in the shortest time can not be excused on that account for any non-compliance with the requirements of residence and agricultural improvement, since he is not obliged to make proof and payment at the earliest period the law allows, but has sufficient time within which to fully comply with the law. A failure to make proof and payment as prescribed by law renders the land subject to appropriation by the first legal applicant, but in the absence of an adverse claim proof and payment can be made after the expiration of the twelve or thirty-three months allowed. Failure to inhabit and improve the land in good faith, as required by law, renders the claim subject to contest and the entry to investigation and cancellation. Final proof in preemption cases must be made to the satisfaction of the register and receiver, whose decision, as in other cases, is subject to examination and review by this office and Department. When two or more settlers on unsurveyed land are found upon survey to be residing upon or to have valuable improvements upon the TITLE TO PUBLIC LANDS. 263 same smallest legal subdivision, they nay make joint entry of such tract and separate entries of the residue of their claims. This joint entry may be made in pursuance of contract between the parties or without it. (Rev. Stat., sec. 2274; Appendix No. 1, p. 149.) Publication of notice to make proof is required in the same manner as in homestead and other cases. (See "Final proof," p. 14, and "Publication of notice of final proof," p. 83.) In making final proof the preemptor must appear in person with his witnesses at the district office, or before the clerk of the county court or of a court of record of the county or parislh and State, or district and Territory, in which the land is situated, or before any United States commissioner appointed under act of May 28, 1896 (appendix No. 70, p. 242) having jurisdiction over such county or parish, and make the affidavit and proof prescribed, or in Territories the proof may be made before a United States court commissioner as provided by act of March 2, 1895. (See Appendix No. 64, p. 230.) It is held, however, that "the law does not authorize the making of suchl proofs and affidavits before such commissioner outside of the county and State, or district and Territory, in which the lands are situate(l, unless the lands are situated in an unorganized county, which case is otherwise fully provided for by law." (Secretary's decision of October 2, 1890, case of Edward Bowker, i1 L. D., 361.) The preemptor is required to make oath that he has not previously exercised his preemption right; that he is not the owner of 320 acres of land; that he has not settled upon and improved the land to sell the same on speculation, but in good faith to appropriate it to his own exclusive use; that he has not made any contract or agreement, directly or indirectly, in any way or manner. with any person whomsoever, by which the title lie may acquire from the United States shall inure in whole or in part to the benefit of any person except himself. (See Form 4-061, p. 273.) Any person swearing falsely forfeits all right to the land and to the purchase money paid, besides being liable to prosecution under the criminal laws of the United States. Final proof, in addition to the affidavit of claimant, must consist of the testimony of the claimiant, corroborated by that of at least two witnesses, taken separately, to the facts constituting his qualifications, and his compliance with law as to settlement, inhabitancy, improvement, nonalienation, etc. (Rev. Stat., sec. 2263; Appendix No. 1, p. 148; Form 4-374, p. 273.) The exact date of beginning and of ending of each and of every absence from the land should be particularly stated, and the reasons therefor fully given, so as to enable the Department to determine as to the sufficiency of the explanation. The affidavit of claimant, his testimony, and the testimony of his witnesses, and the nonmineral affidavit (where required) must be made at the same time and place and before the same officer. No other officer than the register or receiver, or the judge or clerk of a court of record of the county or parish in which the land is situated, or a United States commissioner appointed under act of May 28, 1896 (appendix No. 70, p. 242) having jurisdiction over such county or parish can take proofs in preemption cases, except that when the land is in an unorganized county the proofs may be made before the same officers in an adjacent county in the same State or Territory. (Sec. 2263, Rev. Stat.; Appendix No. 1, p. 148, act of June 9, 1880, 21 Stat., 169, Appendix No. 19, p. 178; circular, March 30,1886,4 L. D., 473; act of May 26, 1890, 26 Stat., 121; Appendix No. 38, p. 213). 264 TITLE TO PUBLIC LANDS. EXTENSION OF TIME FOR PAYMENT. In reference to the joint resolution of September 30, 1890, and act of July 26, 1894, providing therefor, see pages 10 and 230. LEAVES OF ABSENCE. In reference to statutes allowing leaves of absence in certain cases, see pages 16-18. ASSIGNEE OF A PREEMPTOR BEFORE PATENT. An assignee of a l)reeulmptoL before patenit has nio claim upon the Ullited States for the land nlor for the money paid, in event of tlhe failure of the claim and cancellation of the entry for fraud or false swearillg by entrymnall. (Sec. 2262, Rev. Sta:t.; Ap)pelldix No. 1, p. 147.) HEIRS OF A DECEASED i'1REEMI'T()R. Should a preemptor die without establishing his claimll within the period limited by law, the title may be perfected by the executor, adlministrator, or one of the hleirs, by makiing the requisite proof of settlement and paying for the land, thle entry to be made in the name of "the heirs" of thle deceased settler, and the )patent will l)e issued accordingly. The legal representatives of the dleceased preemptor are entitled to make the entry at ally time within the perio(l during whicll the preeml)tor would have been entitled( to (lo so had lie lived. (Rev. Stat., sec. 2269; Appendix No. 1, p. 149.) PREEMPT''ION CLAIMANTS WIIO BECOMlE INSANE. The rights of a preemption claiimait whlo hlas become insane may, under act of Junle 8, 1880, ble proved up alll his claim perfected by a11y person duly authorized to act for him d(rillg hlis disability. (21 Stat., 166; Appendix No. 18, p. 177.)4 Such claim must have been illitiated il full comr)liance with law, by a persoll who was a citizen or had declared his intentionl of becomingl a. citizen, aiid was in other resl)ects lduly qualified. The party for whose benefit thbe act shlall be iln voked must hlave b)ecome insane subsequently to the initiation of his claim. Claimallt must have complied with the law tup to the time of becomling insane; and proof of comiplianice will be required to cover only the period prior to such insanity; but the act will not be construed to cure a failure to comply with the law when the failure occurred prior to such insanity. The final proof must be made by a party whose authority to act for the insane person during his disability shlall be duly certified under seal of the proper probate court. PRICE OF LAND TO I'REEMPTORS. The price of land to a preempl)tor upon "minimuml lands-i. e., lands not within the limits of a grant to a railroad or some other work of internal improvement-is $1.25 per acre. Within the limits of such grant the price is $.2.50 per acre; but settlers, prior to withdrawal, are allowed to enter at $1.25 per acre, provided they shall file notice of their claims and make proof and paymelt as in other cases. (Rev. Stat., secs. 2257, 2259, '2279', 2281, 2357; Appendix No. 1, pp. 146, 147, 151, and 158.) TITLE TO PUBLIC LANDS. 265 [No. 85.1 SUSPENDED ENTRIES-RULES AND REGULATIONS —BO ARD OF EQUITABLE ADJUDICATION. Under the act of Congress approved August 3, 1846, entitled "An act providing for the adjustment of all suspended preemption land claims in tle several States and Territories," the following general equitable rules nld regulations were established for the government of the Commissioner of the General Land Office: The Commissioner will recognize as valid and place in the first class, suslpended entries of the following description: 1. All preemption entries in which one or more legal requirements do not apl)ear in the papers because of the neglect or inattention of the land officers, but where the existing testimony slows a substantial and bona fide settlement anid improvement of the lands; or where such facts were satisfactorily shownl to the local officers by proof which was lost in transmission to the General Land Office and can not now be renewed by reason of the death of witnesses, or other cause. 2. All preemption entries under the acts of 12th April, 1814, 29th May, 1830, 5th April, 1832, 19th June, 1834, 22d June, 1838, and 1st June, 1S40, which have been allowed in the name of assignees, instead of the preemptors themselves, where the claim is bona fide, and the assignees or subsequent purchasers are in possession. 3. All entries il virtue of "floats, ullder the acts of 29th May, 1830. and 19th Julie, 1834, where the original settlement (from which the " float" was derived) was bona fide and had been actually entered, but wlhere such original settlement was on land reserved for private claims the survey of which had not been returned at the time of entry; and also all entries by such "floats" on land liable to sale, where the "float" entries had beeni made prior to the return of the official plat of survey for tlhe original settlement. 4. Entries allowed by preemption oni "sketch maps" (obtained by the parties) before the return of the regular approved plat of the township enbracing the land. 5. All entries allowed by preemption on land wlich was reserved at the date of the preemption act, but which was released from reservation before the expiration of said act, where such entries are in other respects regular. 6. Preemption entries under laws requiring actual residence on public land, in which the residence was found to be on private property, but where the tract entered formed a substantial part of the farm of the claimant, and was improved and cultivated by him at the period required for residence. 7. Preemption entries of legal subdivisions of a fractional section which contain more than 160 acres, but which are as near that quantity as the existing subdivisions will allow. 8. Preemption entries allowed under one preemption law, where it shall have been discovered that said entries are invalid under that act, but where the settlement and improvement is of a character to have entitled the parties to a legal and valid claim under a subsequent law, provided the land is not embraced by the valid claim of another. 9. Preemption entries in the mineral region embracing the half of a quarter section reserved for mineral purposes where the half quarter so entered is shown not to have contained mineral, and also entries as " floats," allowed to the claimants, who, by reason of one portion of the quarter section on which they were settled containing mineral, were 266 TITLE TO PUBLIC LANDS. unable to enter more than the half of said quarter section, provided the claim is otherwise a bona fide one. 10. Preemption entries founded upon a bona fide right of preemption, where, as it respects the mode ana manner of the entry, there is not a strict conformity with the law, but where such entry does not embrace a quantity exceeding that allowed by law, is in accordance with the wish of the party or parties interested and does not interfere with the rights or interests of another. 11. All private sales of tracts which have not been previously offered at public sale, but where the entry appears to have been permitted by land officers under the impression that the land was liable to private entry, and there is no reason to presume fraud, or to believe that the purchase was made otherwise than in good faith. 12. All sales made at one land office of lands which were only liable to sale at another wlere the proceedings in all other respects were regular. 13. All bona fide entries on lands which had been once offered, but afterwards temporarily witlldrawn from market, and then released from reservation, where such lands are not rightfully claimed by others. 14. All bona fide entries at private sale, allowed at Mineral Point, Wis., and fully paid for, of lands which were not ascertained or reported to contain lead mineral until after the date of said entries, where the land is not rightfully claimed by another. The foregoing regulations are not to embrace any case where thle entry has been canceled or desired by the party, or where a subsequent entry of the same land lhas been legally made by the claimant himself, or by anotler person. JAMES L. PIPER, Acting Commissioner of the General Land Office. We concur ill tlese rules and regulations, October 3, 1846. I. J. WALKER, Secretary of the Treasury. J. Y. MASON, Attorney- General. [Rule 15, having become obsolete, is ollitted. * * * * * * * Under the act of Congress approved 3d of March, 1853, reviving and continuing in force the act of 3d of August, 1846, the following rule was established for the government of the Commissioner of the General Land Office: 16. That all locations under the act of 14th August, 1848, entitled "An act in relation to military land warrants," be confirmed, and patents issued thereon, where the land located lies in one body, and the only objection to the location is, that it consists, technically, of more than one legal subdivision. JOHN WILSON, Commissioner. We concur in this lule, 16th March, 1854. R. MCCLELLAND, Secretary of the Interior. C. CUSHING, Attorney-General. TITLE TO PUBLIC LANDS. 267 DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 25, 1877. SIR: I have the honor to submit herewith, for your concurrence and that of the honorable Attorney-General, a set of rules to govern me in submitting for confirmation, under section 2450 of the Revised Statutes of the United 8tates, entries suspended for various causes, but which, upon principles of equity and justice, should be confirmed. Authority to confirm suspended entries of the public lands was first vested in the Secretary of the Treasury, Attorney-General, and Commissioner of the (eneral Land Office by act of Congress of August 3, 1846, and revised and extended by acts of 3d of March, 1853, and 26th of June, 1856. Under these acts, from time to time, sixteen rules have been established, the last March 16, 1854. (See 1 Lester, Land Laws, 482, title 5.) Since then the different homestead acts have been passed, and new classes of suspended entries under the preemption laws have arisen. I have prepared eleven new rules, from Nos. 17 to 27, inclusive. I find that many of the old established rules are obsolete. * * * * # * # Cases in each of the classes mentioned, except class 22, have been confirmed under section 2450 of the Revised Statutes. It is believed that these classes will cover all agricultural entries falling under general rules. Special cases not covered by these rules, in which equitable relief should be afforded, will probably arise. Such cases will be submitted as special, with letters of explanation. I respectfully request that if you should approve the accompanying rules you will submit them to the Honorable Attorney-General for his concurrence. J. A. WILLIAMSON, Commissioner. Hon. CARL SCHURZ, Secretary of the.nterior. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D. C., May 18, 1877. SIR: I return herewith, approved by the Attorney-General and myself, the additional rules transmitted with your letter of the 25th ultinio, numbered from 17 to 27, inclusive, to govern your office in the disposal of suspended entries of public lands under various laws. I am, sir, very respectfully, your obedient servant, C. SCHURZ, Secretary. Hon. J. A. WILLIAMSON, Commissioner General Land Office. ADDITIONAL RULES. Under section 2450 of the Revised Statutes of the United States the following rules, additional to those established under the act of August 3, 1846, are provided for the government of the Commissioner of the General Land Office: 17. All entries where the preemption affidavit was taken before an officer authorized to administer oaths, when, on account of bodily infirmity, the party can not allpear at the local office. 268 TITLE TO PUBLIC LANDS. 18. All entries where the preemption affidavit was taken before some officer other than the register or receiver, and the preemptor died before the defect could be cured. 19. All entries made upon land appropriated by entry or selection, but which entry or selection was subsequently canceled for illegality. 20. Preemption entries in which the party has shown good faith, but did not, through ignorance of the law, declare his intention to become a citizen of the United States until after he made his entry. 21. All entries based upon preemption proof where the party had failed to file a declaratory statement therefor, provided no adverse claim attached prior to entry. 22. All entries of unoffered land, based upon a second declaratory statement, where the same was filed between June 22, 1874, and June 30, 1875. 23. All preemption entries in which the affidavit is defective in not showing that the party was not the owner of 320( acres of land in any State or Territory, and had never had thle l)enefit of the act, the form for which affidavit was furnished by the local land office. 24. All homestead entries in which, by reason of ignorance of the law, sickness of the party or his family, the final proof was not made within the period prescribed by statute, but in other respects the law has been complied with. 25. All homestead entries in wliich the party failed to settle on the land( within the time required by law by reason of p)llysical disability, and where good faith is shown: 26. All homestead entries by mistake madle in the name of the wrong party, but where on final proof the error may be corrected without prejudice to another's right. 27. In all homestead entries where the husband has deserted his wife and children, if he have any, who have in good faith complied with the homestead law by residence upon and cultivation of the land, and final proof shall be made by the wife, or in case of her death, by her heirs or their legal guardians, such entry shall be confirmed, and patent shall issue to the parties entitled thereto. J. A. WILLIAMSON, Commissioner General Land Office. We concur ill tle above rules, May 8, 1877. C. SCHURZ, Secretary of the Interior. CHAS. DEVENS, Attorney- General. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, D. C., April 28,1888. The following rules are hereby established, with the concurrence of the Secretary of the Interior and Attorney-General, as additional to the regulations in accordance with which suspended claims are decided under sections 2450 to 2457, Revised Statutes, as amended by the act of Congress of February 27, 1877, viz: 28. All desert-land entries made by a duly qualified party under the act of March 3, 1877, where the land was properly subject to entry under said act, anid the land has been reclaimed according to law, but where any of the declarations, affidavits, or proofs required under the statute were omitted or are defective, in consequence of ignorance, accident, or mistake, and where from the death or absence of the claim TITLE TO PUBLIC LANDS. 269 ant the missing papers can not be supplied, or the defective papers amended, and where there is no adverse claim. 29. All desert-land entries in which the final proof and payment were not made within three years from date of entry, but in which the claimant was duly qualified, the land properly subject to entry under the statute, and subsequently reclaimed ill time according to its requirements, in which the failure to make proof and payment in time was the result of ignorance, accident, or mistake, and in which there is no adverse claim. 30. All desert-land entries in which neither the reclamation nor the proof and payment were made within three years fromn date of entry, but where the eltryman was duly qualified, the land properly subject to entry under the statute, the legal requirements as to reclamation complied with and the failure to do so in time was tle result of ignoralice, accident, or mistake, or of obstacles which he could not control. and where there is no adverse claim. S. M. STOCKSLAGER, (ommissioner General Land Office. We concur in the foregoing additional rules. WM. F. VILAS, Secretary of the Interior. A. H. GARLAND, Attorney- General. MAY 12, 1888. DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, lVashington, D.C., April 10, 1890. The following rules are hereby established, with the concurrence of the Secretary of the Interior and Attorney-General, as additional to the regulations in accordance with which suspended claims are decided under sections 2450 to 2457, Revised Statutes, as amended by the act of Congress of February 27, 1877, viz: 31. All preemption, homestead, commutation of homestead, and timber-culture entries, in which final proof has been made, and in which compliance with one or more legal requirements with reference to the final proof notice or ilt other respects does not appear in the papers, because of the neglect or inattention of the district land officers in allowing the final proof and payment to be made notwithstanding such defect, but where, in fact, notice was given, and in which no adverse claim appears. and the existing testimony shows a substantial, bona fide compliallce with the law, as to residence and improvements, in preemption, homestead, and commutation of homestead entries, or as to the required planting, cultivating, and protecting of the timber, in timberculture entries, or where such facts were satisfactorily shown to the district land officers by proof which was lost in transmission to the General Land Office, and can not now be renewed by reason of the death of witnesses or other cause. 32. All homestead and timber-culture entries in which the party has shown good faith, and a substantial compliance with the legal requirements of residence and cultivation of the land, in homestead entries, or the required planting, cultivating, and protecting of the timber, in timber-culture entries, but in which the party did not, through ignorance of the law, declare his intention to become a citizen of the United States until after he had made his entry, or, in homestead entries, did not from like cause perfect citizenship until after the making of final proof, and in which there is no adverse claim. TITLE TO PUBLIC LANDS. 33. All homestead and timber-culture entries in which good faith appears, and a substantial compliance with law, and in which there is no adverse claim, but in which full compliance with law was not effected, or final proof made, within the period prescribed, or residence established on the land, in homestead entries, within the time fixed therefor by statute, or official regulation based thereon, and in which such failure was caused by ignorance of the law, by accident or mistake, by sickness of the party or his family, or by any other obstacle which he could not control. LEwis A. GR.OFF, Commissioner of the General Land Office. We concur in the foregoing additional rules. JOHN W. NOBLE, Secretary of the Interior. W. H. H. MILLER, Attorney- General. APRIL 204, 1890. UNITED STATES LOCAL LAND) OFFICES. ALABAMA. Huntsville. Montgomery. ALASKA. Circle. Peavy. Rampart City. Sitka. ARiIZONA. Prescott. Tucson. ARKANSAS. Camden. Dardanelle. Harrison. Little Rock. CALIFORNIA. Eureka. Independence. LosAlngeles. Marysville. Bedding. Sacramento. San Francisco. Stockton. Susanville. Visalia. COLORADO. Akron. Del Norte. Denver. Durango. Glenwood Springs. Gunnison. Hugo. Lamar. Leadville. Montrose. Pueblo. Sterling. FIA)I IA. Gainesville. IDAHO. Blackfoot. Boise City. Coeur d'Alene. Hailey. Lewiston. IOWA. Des Moines. KANSAS. Colby. Dodge City. Topeka. Wa-Keeney. LOUISIANA. Natchitoches. New Orleans. MICHIGAN. Marquette. MINNESOTA. Crookston. Duluth. Marshall. St. Cloud. MISSISSIPPI. Jackson. MISSOURI. Boonville. Ironton. Springfield. MONTANA. Bozeman. Helena. Kalispell. Lewistown. Miles City. Mis,~onla. NEBRASKA. Alliance. Broken Bow. Lincoln. McCook. North Platte. O'Neill. Sidney. Valentine. NEVADA. Carson City. NEW MEXICO. Clayton. Las; Cruces. Roswell. Santa Fe. NORTH DAKOTA. Bismarck. Devils Lake. Fargo. Grand Forks. Minot. OKLAHOMA. Alva. Enid. Guthrie. Kingfisher. Oklalioma. Perry. Woodward. OREGON. Burns. La Grande. Lakeview. Oregon City. Roseburg The LDalies. SOUTII DAKOTA. Aberdeen. Chamberlain. Huron. Mitchell. Pierre. Rapid City. Watertown. UTAH. Salt Lake City. WASHINGTON. North Yakima. Olympia. Seattle. Spokane. Vancouver. Walla Walla. Waterville. WISCONSIN. Ashland. Eu Claire. Wausau. WYOMING. Buffalo. Cheyenne. Douglas. Evaniston Lander. Sundance. FO R MS. [No. 4-001.] CASH APPLICATION. No. —. LAND OFFICE AT ---(Date) -, 18-. I,- -, of- County, -- do hereby apply to purchase the - of section —, in township -, of range -, containing - acres, according to the returns of the surveyor-general, for which I have agreed with the register to give at the rate of — per acre. My post-office address is.' I, --, register of the land office at -, do hereby certify that the lot above described contains - acres, as mentioned above, and that the price agreed upon is - per acre., Register. [No. 4-131.] CASH RECEIPT. No. -. RECEIVFER OFFICE AT (Date) -, 18-. Received from of - County, -, the sum of - dollars and - cents; being in fill for the - quarter of section No. -, in township No. -, of range No. -, containing - acres and - hundredths, at $- per acre., Receiver. $-. [No. 4-189.] CASH CERTIFICATE. No. -. LAND OFFICE AT (Date), 18-. It is hereby certified that, in pursuance of law,, of- County, State of-, on this day purchased of the register of this office the lot or - of section No. -, in township No. -, of range No., of the - meridian, containing - acres, at the rate of - dollars and - cents per acre, amounting to - dollars and - cents, for which the said -- ha- made payment in full as required by law. Now, therefore be it known, that on the presentation of this certificate to the Commissioner of the General Land Office, the said shall be entitled to receive a patent for the lot above described. --, Register. lIf residence is in city, street and number must be given. 271 272 TITLE TO PUBLIC LANDS. [4-102 b.] [To be used in all entries sinco Augrust 30, 1890.] AFFIDAVIT. U. S. LANDI OFFICE AT - Date, -, 189-. I, ---, of -, applying to enter (or file for) a -, do solemnly swear that since August 30, 1890, I have not entered under the land laws of the IJlited States, or filed upon, a quantity of land agricultural in character and not mineral, which, with the tracts now applied for, would make more than 320 acres, except -- for settled upon by me prior to August 30, 1890. Said settlement was commenced -, and my improvements consisted of-. (Sign plainly with full Christian name.) Sworn to and subscribed before me this - day of --, 189-, at my oftice in - County, [No. 4-536. ] PREEMPTION RECEIPT AND CERTIFI(ATE. $-. LJAND OFFICE AT *. (Date), 18-. Mr. - has this day paid - dollars, the register's and receiver's fees, to file a declaratory statement, the receipt whereof is hereby acknowledged. -, Receiver. No.Mr. - having paid the fees, has this day filed in this office his declaratory statement, No. -, for - of section -, in township -, of range -, containing - acres, settled upon -, 18-, being - offered. -, Register. [No. 4-534. PREEMPTION DECLARATORY STATEMIENT FOR OFFERED LANDS. I, -, of --, being -, have, since the 1st day of -, A. D. 18-, to wit, on the — day of -, A. D. 18-, settled and ilmlroved the - quarter of section No. -, in township No. -, of range No. -, in the district of lands subject to sale at the land office at -, and containing -- acres, which land had been rendered subject to priate entry prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a preemptiol right, under section 2259 of the Revised Statutes of the United States. My post-office address is --.' Given under my hand this -- day of —, A. 1). 18-. In presence of -, of —. and, of —. [No. 4-535.] PREEMPTI()N I)ECLARATORY STATlEMENT FOR IJNOFFEREI) LANDS. I,, of -, being —, have, on the - day of, A. D. 18-, settled and improved the - quarter of section No. -, in township No. —, of range No. -, in the district of lands subject to sale at the land office at -, and containing - acres, which land has not yet been offered at public sale, and thus rendered subject to private entry; and I do hereby declare my intention to claim the said tract of land as a preemption right under section 2259 of the Revised Statutes of the United States. My post-office address is.' Given under my hand this - day of -, A. D. 18-. In the presence of -, of - and-, of' If residence is in city, street and number must be given. TITLE TO PUBLIC LANDS. 273 [No. 4-061.] (Sec. 2262, It. S.) AFFIDAVIT REQUIRED OF PREEMPTION CLAIMANT. I, - -, claiming the right of preemption under section 22o9 of the Revised Statutes of the United States, to the - of section No., of tow, hip No. --, of range No. -, subject to sale at -, do solemnly- that I have never had the benefit of any right of preemption under said section; that I am not the owner of 320 acres of land in any State or Territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which I may acquire from the Goverlnment of thle United States should inure, in whole or in part, to the benefit of' any person except myself. (Iave claimant sign here.) - I, --, of -, at -, do hereby certify that the above altidavit was subscriled and sworn to before me this - day of, A. D. 18-, at my office in C ounty, [4-374.] PREEMPTION PROOF. TESTIMONY OF WITNESS. --, being called as a witness in support of the preemiption claim of -to the -, testifies as follows: (Q 1. 1What is your post-office address?-A. Q. 2. I-ow long have you known claimant, and what is - age?-A. Q. 3. Is claimant married or single? 2d. Of whom does — fmily (if any) consist? 3d. Is a native or naturalized citizen?-A. 1st, -; 2d,; 3d, Q. 4. Are you familiar with the character of the land? (State specifically the character of this land-whether it is timber, prairie, grazing, or farming.) 2d. Are there any indications of coal, mineral, or salines thereon? If so, state plainly the nature.) 3d. Is it more valuable for agricultural than miinig purposes? 4th. Do you reside in its vicinity? 5th. Is it within the limits of an incorporated town or selected town site, or used in any way tor purposes of trade or business? (Answer to the point and in detail.)-A. 1st, -; 2d, -; 3(d,- 4th, -; 5th,Q. 5. Is claimant the owner of 320 acres in this or any other State or Territory? 2d. Did leave or abandon a residence on - own land il this to reside on the land herein described? 3d. Has - ever filed for other land under the preemption law? 4th. Has - mortgaged or agreed to sell the land herein described?-A. 1st,; 2d,; 3d, -; 4th, Q. 6. When did tile claimant first settle on claim? 2d. Wiat was --- first act of settlement? 3d. What improvements has -- on the land? 4th. What is the value of such improvements? 5th. \hen (lid commence - residence thereon? 6th. Ias - residence been continuous? 7th. What use has made of the land? 8th. How nmuch land has -- broken and cultivated? (Answer to the point and in detail.)-A. 1st, -; 2d, -; 3d,; 4th, $ —; 5th, -; 6th, --; 7th, -; 8th, acres. Q. 7. Are you in any way interested in this claim, or by blood or marriage related to claimant?-A. (Sign plainly with full Christian name.) I hereby certify that the foregoing testimony was read to the witness before being subscribed, and was sworn to before me this - lay of -, 189-, at my office in County, --- TESTIMONY OF CLAIMANT. -- --, being called as a witness in -- own behalf in support of - preemption claiml to the -, testifies as follows: Q. 1. What is your name (be careful to give it in full, correctly spelled, in order that it may be here written exactly as you wish it written in the patent which you desire to obtain) and age?-A. Q. 2. Are you the head of a family (if so, of whom does it consist) or a single person?-A. -.3073 18 274 TITLE TO PUBLIC LANDS. Q. 3. Are you a native-born citizen of the United States? If so, in what State or Territory were you born? '-A. -. Q. 4. Is your preemption claim, above described, within the limits of an illcorporated town or selected site of a city or town, or used in any way for trade and business? 2d. Did you leave other land of your own to reside on your present claim? 3d. Have you ever made a preemption filing for land other than you now seek to enter? If so, describe the same. 4th. State specilically the character of this land-whether it is timber, prairie, grazing, farming, coal, or mineral land. (Answer to the point and in detail.)-A. 1st, --; 2d, -; 3d, ---; 4th, Q. 5. When did you first make settlement on the above-described land? 2d. What was your first act of settlement? 3d. \Vere there any imlprovements on the land when you settled? If so, state who then owned them, and whether you purchased the same. 4th. What improvements have you made on the land since settlement, and what is the value of same?-A. 1st, --; 2d,; 3d, ---; 4th, Q. 6. When did you first establish an actual residence on the land you now seek to enter? 2d. Ias your residence thereon since beeni continuous? 3d. What use have you made of the land? 4th. How much of the land, if any, have you broken and cultivated since settlement, and what kind and quantity of crops have you raised? 5th. Have you any personal property of any kind elsewhere than on this claim? If so, describe the same, and state where the same is kept.-A. 1st, -; 2d, -; 3d, -; 4th, -; 5th,Q. 7. Are either of the parties who have testified as your witnesses in this case related to you by blood or marriage? If so, state how related.-A. Q. 8. Describe by legal subdivisions, or by number, kind of entry and office where made, any other entry or filing (not mineral) made by you since August 30, 1890.A. (Sign plainly with full christian name.) I hereby certify that each question and answer in the foregoing testimonly was read to claimant before being subscribed, and -as sworn to before me this day of --, 189-, at my office in County, NOTE.-The officer before whom the testimony is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the lull extent of the law: TITLE LXX.-CRIMES. —CHAPTIrEI 4. SEC. 5392. Every person who, having taken oath before a competent tribunal, officer. or person, in any case in which a law of the United States authorizes an oath to be administered, tlhat lie will testify, declare, depose, or certify truly, or that any written testilmony, declaration, (lepositioin, or certiticate by him subscribed is true, willfully, and contrary to such oatl, states or subtscri.s any mlaterial imatter which lie (does not believe to bo true, is gtoilty of perjury, and shall be punishedl by a fine of not more than two tlousand dollars, and by imprisonment at hard labor not lnore than five years. andl shall, moreover, thereafter bie incapable of giving testimony in auy court of the United States until such time as the judgment against him is reversed. (Seeo 1750.) [4-007.] hI()MESTEAD. Application No. — LAND O()FFICE AT --- - -, 189-. I,, of —, do hereby apply to enter, llnlder section 2289, Revised Statutes of the United States, the of section —, in townshipof range -, containing - acres. My post-office address is2 - LAN) (OFFICE ATr 18 -- -. I, -, register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under section 2289, Revised Statutes of the United States, and that there is no prior valid adverse right to the same. -- -, Register. In case the party is of foreign birth, a certified transcript from the court records of his declaration of intention to become a citizen, or of his naturalization, or a copy thereo', certified by the officer taking this proof, must be filed with the case. 2 If residence is in city, street and number must be given. TITLE TO PUBLIC LANDS. 275 [4-063.] HOMESTEAD AFFIDAVIT. U. S. LAND OFFICE AT - --, 189-. I, -, of -, having filed my application No. -, for an entry under section 2289, Revised Statutes of the United States, do solemnly swear that I am not the proprietor of more than one hundred and sixty acres of land in any State or Territory; that I am '; that my said application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that I will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title to the land applied for; that I am not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that I do not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for myself, and that I have not directly or indirectly made, and will not make, any agreen ent or contract in any way or manner, with any person or persons, corporation or syndicate whatsoever, by which the title which I might acquire from the Government of the United States should inure in whole or in part to the benefit of any person except myself; and further, that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, a quantity of land, agricultural in character, and not mineral, which, with the tracts now applied for, would make more than three hundred and twenty acres, except --, and that I have not heretofore made any entry under the homestead laws except (Sign plainly with full christian name.) Sworn to and subscribed before me this - day of -, 189-, at my office at —, in County, --- [4-137.] Receiver's receipt, No. -. Application, No. HOMESTEAD. RECEIVER'S OFFICE, --—, ---- —, 189-. Received of the sum of - dollars - cents, being the amount of fee and compensation of register and receiver for the entry of - of section -- in township - of range -, under section No. 2290, Revised Statutes of the United States. --, Receiver. $ ----. NOTE.-It is required of the homestead settler that he shall reside upon and cultivate the land embraced in his homestead entry for a period of five years from the time of filing the affidavit, being also the date of entry. An abandonment of the land for more than six months works a forfeiture of the claim. Further, within two years from the expiration of the said five years he must file proof of his actual settlement and cultivation, failing to do which, his entry will be canceled. If the settler does not wish to remain five years on his tract, he can, at any time after fourteen months, pay for it with cash or land warrants, upon making proof of settlement and cultivation from date of filing affidavit to the time of payment. [Marginal notes in red ink.] See note in red ink, which registers and receivers will read and explain thoroughly to persons making application for lands where the affidavit is made before either of them. Timber land embraced in a homestead, or other entry not consummated, may be cleared in order to cultivate the land aind improve the premises, butfor no other purpose. If, after clearing the land for cultivation, there remains more timber than is required for improvenmet, there is no objection to the settler disposing of the same. But the question whether the land is being cleared of its timber for legitimate purposes is a question of fact, which is liable to be raised at any time. If the timber is cut and removedfor any other purpose, it will subject the entry to cancellation, and the person who cut it will be liable to civil suit for recovery of the value of said timber, and also to criminal prosecution under section 2461 of the Revised Statutes. Here insert statement that affiant is a citizen of the United States, or that he has filed his declaration of intention to become such, and that he is the head of a family, or is over twenty-one years of age, as the ease may be. It should be stated whether applicant is native born or not, and if not, a certified copy of his certificate of naturalization, or declaration of intention, as the case may be, must be furnished. (See page 45, circular of January 1, 1889.) 276 TITLE TO PUBLIC LANDS. [4-102c] [To be used hi e-as;es of communted homestead (entries in Oklahoma Territory.] AFFIDAVIT REQLJIREl) OF CL.AIMANT. [Section 21 of act of MaaL2, 1890.] I,,who on ~~per cash entry No. -, commuted, under section 21 of the act of May 2, 1890 (Statutes, first session Fifty-first Congress, p. 81), my homiestead entry No. -, matle upon the ~, section -, township -, range - 0 doSolemnly swNear th.at no part of said lands was, at dlate of purchase, occa pied, repiired, or intentled f'or town-site purposes, and that said entry, in whole or in part, was not made for the benefit of any other person, lpersons, or corporation, nor in collusion with any person, coi-poratiou, or syndicate to give them the benefit of the laud entered, or any par-t thereof, for town-site or other purposes; that I had not then directly or indirectly inmade, nor was it my intention to mnake, any agreement or contract in any way or manner with aT -- person or persons, corporation, or syndicate whatsoever, except as provided iii section 2288 of the R1evised Statutes, by which the title which I might acquire from th-i Government of the United States should inure, in whole or in part, to the benefit of any person except myself. Subscribed and sworii to before mne this d (ay of ~, 189-. [4-102.] AFFIDAVIT. LAND OFFICE AT ~~-, 189-. I,-,of ~, applying to enter (or file for) a homestead, do solemnly swear that I did not enter upon andl occupy any poi-tion of the lantis described and declared open to entry ii. the President's piroclamiation dated March 23, 1889, prior to 12 o'clock, noon, of April 22, 1889. Swvorn to andl snubscrib~ed b~efore mne this (lday of ~, 189-. NOTE.-This aiiidavit must lie miade before the register or receiver of tie proper (district iaiil oii ice, or before some officer authorized to administer oaths and using a seal. [4-3418.] HOMESTEAD NOTICE OF INTENTION TO MAKE FINAL, PROOF. LAND O1FFICE AT ~-, 1 89-. I,,of ~, wbo made homestead -aplplicatioii No. - for the do hereby give notice of my intention to umake final proof to establish miy claim to the landl above (lescribedI, and that 1 expect to prove iny residence and cultivation before at -,on ~, 189-, by two of the following witnesses:,of — o f [Signature of claimant.] TITLE TO PUBLIC LANDS. 277 LAND OFFICe AT --- --- -- 189-. Notice of the above application will be published in the -, printed at -, which I hereby designate as the newspaper published nearest the land described in said application., Register. NOTICE TO CLAIMANT.-Give time and place of provin up and name the title of the officer before whom proof is to be made; also give names and post-office address of four neighbors, two of whom must appear as your witnesses. [4-347.] NOTICE FOR PUBLICATION. LAND OFFICE AT, 189 —. Notice is hereby given that the following-named settler has filed notice of his intention to make final proof in support of his claim, and that said proof will be made before -at -, on --, 189-, viz: -, for the He names the following witnesses to prove his continuous residence upon and cultivation of said laud, viz: -, of,of ---, of of — -----—, of ------—. --- NOTE.-This notice must also be posted in a conspicuous place in the laud office for a period of thirty days prior to the date of final proof. HOMESTEAD CONSOLIDATE) NOTICE FOR PUIBLICATION. LAND OFFICE AT -, 18-. Notice is hereby given that the following-named settlers have filed notice of intention to make final proof on their respective claims before --, at, on -, 18-, viz: -, on homestead application No. —, for the Witnesses:, of -, and -- -, of -- --, on preemption declaratory statement No. -, for the Witnesses: --- of -—, and, of --., Register. [4-227.] CERTIFICATE AS TO POSTING OF NOTICE. LAND OFFICE AT --—, ---- 189-. I, -- --, register, do hereby certify that a notice, a printed copy of which is hereto attached, was by me posted in a conspicuous place in my office for a period of thirty days, I having first posted said notice on the - day of -, 189-. - -, Register. 278 TITLE TO PUBLIC LANDS [4-070.] HOMESTEAD PROOF. FINAL AFFIDAVIT REQUIRED OF IOMESTEAI) CLAIMANTS. [Section 2291 of the Revised Statutes of the United States.] I, - -, having made a homestead entry of the -, section No. -, in township No. -, of range No. -, subject to entry at -, under section No. 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of section No. 2291 of the Revised Statutes of the United States, and for that purpose do solemnly - that I am a citizen of the Untited States; that I have made actual settlement upon and have cultivated said land, having resided thereon since the - day of -, 18-, to the present time; that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler; that I will bear true allegiance to the Government of the United States; and further, that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except (Sign plainly full Christian name.) I, -, of -, do hereby certify that the above affidavit was subscribed and sworn to before me this - day of -, 189-, at my office at -, in County, [4-369.] HOMESTEAD PROOF. TESTIMONY OF CLAIMANT. --, being called as a witness in his own behalf in support of homestead entry, No. -, for -, testifies as follows: Q. 1. What is your name, age, and post-office address?-A. Q. 2. Are you a native-born citizen of the United States; and if so, in what State or Territory were you born? '-A. -- Q. 3. Are you the identical person who made homestead entry, No. -, at the - land office on the - day of, 18-, and what is the true description of the land now claimed by you?-A. Q. 4. When was your house built on the land and when did you establish actual residence therein? (Describe said house and other improvements which you have placed on the land, giving total value thereof.)-A. Q. 5. Of whom does your family consist; and have you and your family resided continuously on the land since first establishing residence thereon? (If unmarried, state the fact.)-A. Q. 6. For what period or periods have you been absent fron the homestead since making settlement, and for what purpose; and if temporarily absent, did your family reside upon and cultivate the land during such absence?-A. Q. 7. How much of the land have you cultivated each season, and for how many seasons have you raised crops thereon?-A. Q. 8. Is your present claim within the limits of an incorporated town or selected site of a city or town, or used in any way for trade and business -A. Q. 9. What is the character of the land? Is it timber, mountainous, prairie, grazing, or ordinary agricultural land? State its kind and quality, and for what purpose it Is most valuable.-A. - Q. 10. Are there any indications of coal, salines, or minerals of any kind on the land? (If so, describe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.)-A. Q. 11. Have you ever made any other homestead- entry? (If so, describe the same.)-A. -,1 (In case the party is of foreign birth a certified transcript from the court records of his declaration of intention to become a citizen, or of his naturalization, or a copy thereof, certified by the officer taking this proof, must be filed with the case. Evidence of naturalization is only required in final (five year) homestead cases.) TITLE TO PUBLIC LANDS. 279 Q. 12. Have you sold, conveyed, or mortgaged any portion of the land; and if so, to whom and for what purpose?-A. Q. 13. Have you any personal property of any kind elsewhere than on this claim? (If so, describe the same, and state where the same is kept.)-A. Q. 14. Describe by legal subdivisions, or by number, kind of entry, and office where made, any other entry or filing (not mineral) made by you since August 30, 1890.-A. (Sign plainly with full Christian name.) I hereby certify that the foregoing testimony was read to the claimant before being subscribed, and was sworn to before me this -- (lay of —, 189-, at my office at,- in -- County, NOTE.-The officer before whom the testimony is taken should call the attention of the witness tothe following section of the lRevised Statutes, and state to hlim tlat it is tle iprpose of the Government, if it be ascertained tha't lie testifies falsely, to prosecute him to thle full extent of the law. TITLE LXX.-CltIMES. —CHAP. 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of tile United States authorizes an oath to be administered, that lie will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is trlue, willfully and contrary to such oath states or subscribes any material matter whichl le does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more tlan two thousand dollars, and by imprisonment, at hard lalor, Inot more than five years, and shall, noreover, thereafter be inlcapablle of giving testililny in any court of the United States until such time as the judgment against him is reversed. (Seoe 51750.) TESTIMONY OF' WITNESS. -- being called as a witness in support of the homestead entry of-, for -, testifies as follows: Q. 1. What is your name, age, and post-office address?-A. Q. 2. Are you well acquainted with the claimant in this case and the land embraced in his claim?-,A. Q. 3. Is said tract within the limits of an incorporated town or selected site of a city or town or used in any way for trade or business?-A. Q. 4. State specifically the character of this land-whether it is tiumber, prairie, grazing, farming, coal, or mineral land?-A. - Q. 5. When did claimant settle upon the homestead and at what (ate did lie establish actual residence thereon?-A. Q. 6. Have claimant and family resided continuously on the homestead since first establishing residence thereon? (If settler is unmarried, state the fact.)A.. Q. 7. For what period or periods has the settler been absent from the land since making settlement, and for what purpose; and if temporarily absent, did claimant's family reside upon auld cultivate the land during such absence?-A. Q. 8. How much of the homestead has the settler cultivated and how many seasons (lid he raise crops thereon?-A. Q. 9. What improvements are on the land and what is their value?-A. - Q. 10. Are there any indications of coal, salines, or minerals of any kind on the homestead f (If so, describe what they are, and state whether the land is more valuable for agricultural thalu for mineral )purposes.)-A. Q. 11. I-as the claimant mortgaged, sold, or contracted to sell any portion of said honiestead?-A. Q. 12. Are youl interested in this claim, and do you think the settler has acted in entire good faith in perfecting this entry?-A.(Sign plainly with full christian name.) - ---. I hereby certify that the foregoing testimony was read to the witness before being subscribed, and was sworn to before me this day of ---, 189-, at my office at -—, in --- County,. (The testimony of witnesses must be taken at the same time and place and before the same officer as claimant's final affidavit. The answers must be full and complete to each and every question asked, and officers taking testimony will be expected tc make no mistakes in dates, description of land, or otherwise.) 280 TITLE TO PUBLIC LANDS. [4-140.] Final receiver's receipt No.. Application No. HOMESTEAD. RECEIVER'S OFFICE, ---- - -, 189-. Received of - - the sum of --- dollars - cents, being the balance of payment required by law for the entry of - of section -, in township of range -, containing acres, under section 2291 of the Revised Statutes of the United States. $-.- -—, Receiver. [4-140 a.] No.RECEIVER'S OFFICE AT -- --—, 189-. Received from, of --- County, --, the sum of --- dollars and - cents, being the - installment of the purchase money under homestead application, No. ---, for the - quarter of section No. -, in township No. of range No. -, containing — acres and -- hundredths, at $- per acre, under the act of Congress of -. $ —. --- -, Receiver. [4-196.] Final certificate No.. Application No. HOMESTEAD. LAND OFFICE AT ---—, 189-. It is hereby certified that pursuant to the provisions of section No. 2291, R6vised Statutes of the United States, has made payment in full for - of section No. -, in township No. -of range No. -, of the - principal meridian ----, containing - acres. Now, therefore, be it known that on presentation of this certificate to the Commissioner of the General Land Office the said -shall be entitled to a patent for the tract of land above described. --, Register. [4-069.] [To be used in cases of commuted homestead entries. For taking the testimony of claimant and his witnesses in making commutation proof use the presciled forms for "Homestead Proof."] AFFIDAVIT REQUIRED OF CLAIMANT. [Section 2301 of the Revised Statutes of the United States.] I,, claiming the right to commute, under section 2301 of the Revised Statutes of the United States, my homestead entry, No. -, made upon the of section -, township -, range -. do solemnly swear that I made settlement upon said land on the - day of -, 18-, and that since such date, to wit, on the - day of, 18-, I have built a house on said land, and have continued to reside therein up to the present time; that I have broken and cultivated acres of said land, and that no part of said land has been alienated except as provided in section 2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler. I further swear that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States, except --- (Sign plainly with full christian name.) Subscribed and sworn to before me this -- day of, 189-, at my office at -—, in --- County, -. TITLE TO PUBLIC LANDS. [4-066.] ADJOINING FARM HOMESTEAD. [Affidavit.] LAND OFFICE AT -, 189-. I, -, of -, having filed my application, No. -, for an entry uInder the provisions of the act of Congress approved May 20, 1862, entitled "An act to secure homesteads to actual settlers on the public domain," do solemnly swear that --; that said entry is made for my own exclusive benefit and not, directly or indirectly, for the benefit or use of any other person or persons whomsoever; neither have I heretofore perfected or abandoned an entry made under this act; that the land embraced in the said application No. - is intended for an adjoiningfarm homestead; that I now own and reside upon an original farm containing --- acres and no more; that the same comprises the - of section -, township -, range -, and is contiguous to the tract this day applied for. Sworn to and subscribed this -- lay of --, 189-, beforeo --- the ICLad ffice. [4-067.] FINAL AFFIDAVIT REQUIRED OF ADJOINING FARIM HOMESTEAD CLAIMANTS. [Section 2291, Revised Statutes.] I, --, having made a homestead entry of the, section No. il township No. - of range No. -. subject to entry at, for the use of an adjoining farm owned and occupied by me on the - of section No. - in township No. - of range No. —, under section 2289 of the Revised Statutes, do now apply to perfect my claim thereto by virtue of section No. 2291 of the same, and for that purpose do solemnly - that I am a citizen of the United States; that I have continued to own and occupy the land constituting my original farm, having resided thereon since the - day of --, 18-, to the present time, and have made use of the said entered tract as a part of my homestead, and have improved the same in the following manner, viz:; that no part of said land has been alienated, but that I am the sole bona fide owner as an actual settler; that I will bear triue allegiance to the Government of the United States; and, further, that I have not heretofore perfected or abandoned an entry under the homestead laws. I,, -- of the land office at -, do hereby certify that tie above affidavit was taken and subscribed before nme this - day of -, 18-. [4-071.] [To le used in making FINAL PROOF in cases where preemption filings have been changed to homestead entries under the acts of March 3, 1877, and May 27 and June 14, 1878.] PREEMPTION-HOMESTEAD AFFIDAVIT. I, ---, having changed my preemption declaratory statement, No. -, filed the - of --, 18-, alleging settlement the - day of --, 18-, for the, section No. - in township No. - of range No. —, to homestead entry original No. -, district lands subject to entry at -- under the acts of Congress approved March 3, 1877, and May 27, 1878, do solemnly swear that I have never had the benefit of any right of preemption under section 2259 of the Revised Statutes of the United States; that I have not heretofore filed a preemption declaratory statement for another tract of land; that I was not the owner of three hundred and twenty acres of land in any State or Territory of the United States at any time during the 282 TITLE TO PUBLIC LANDS. above-mentioned period of settlement under the preemption statutes; that I did not remove fromn my own land within the State of - to make the settlement above referred to; nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my exclusive use or benefit; and that I did not, during the period of preemption settlementabove mentioned, directly or indirectly, make any agreement or contract in any way or manner with any person or persons whatsoever by which the title which I might acquire from the Government of the United States would inure, in whole or in part, to the benefit of any person except myself. I, -, of the land office at, do hereby certify that tile above affidavit was subscribed and sworn to before le this - day of -, 18-. [4-018.] ADDITIONAL IOMESTEAD. [Act of -.] Application No..] LAND OFFICE AT - —, 18-. I,, of -, do hereby apply to enter, under the act of —, the of section - in township - of range -, containing - acres, as additional to my entry, No. —, for the - of, section - in township - of range -. My post-office address is --- LAND OFFICE AT - -, 18-. I,- --, register of the land office, do hereby certify that the above application is for surveyed lands of the class which the applicant is legally entitled to enter under the act of -— ' and that there is no prior valid adverse right to the same. R — -, egister. [4-086.] [Affidavit.] ADDITIONAL HOMESTEAD [Act of March 3,1879.] LAND OFFICE AT - 189-. I, - of -, having filed my application, No. -, for an entry under the act of March 3, 1879, do solemnly swear that -- that I did not serve for a period of ninety days or more in the Army or Navy of the United States during the war of the rebellion and receive an honorable discharge therefrom; that said application No. - is made for my exclusive benefit, and that said entry is made for the purpose of actual settlement and cultivation as an addition to my homestead, No. -, and not, directly or indirectly, for the use or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. Sworn to and subscribed this - day of, 189-, beforeNOTE.-If this affidavit be acknowledged before the clerk of the court, as provided for by section 2294, United States Revised Statutes, thellomestead party must expressly state herein that he or some memoer of his family is residing upon the land applied for, or upon the land embraced in his original entry, and that bona fide improvement and settlement have been made. He must also state why he is unable to appear at the land office. 'If residence in city, street and number must be given. TITLE TO PUBLIC LANDS. 283 [4-546.] SOLDIER'S DECLARATORY STATEMENT. I, -, of County and State or Territory of, do solemnly swear that I served for a period of - in the Army of the United States during the war of the rebellion, and was honorably discharged therefrom, as shown by a statement of such service herewith, and that I have remained loyal to the Governnlent; that I have never made homestead entry or filed a declaratory statement under sections 2290 and 2304 of the Revised Statutes; that I am not the proprietor of more than one hundred and sixty acres of land in any State or Territory; that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, a quantity of land, agricultural in character, and not mineral, which, with the tracts herein described, would make more than three hundred and twenty acres; that I have located as a homestead under said statute the -, and hereby give notice of my intention to claim and enter said tract; that this location is made for my exclusive use and benefit, for the purpose of my actual settlement and cultivation, and not, either directly or indirectly, for the use and benefit of any other person. My present post-office address is Sworn to and subscribed before me this - day of -, 189-. [SEAL.]. ] —. NOTE.-This form may bo used where the soldier files his own declaratory statement. [4-545.] SOLDIER'S DECLARATORY STATEMENT.. [Filed by an agent.] I,, of - County and State or Territory of, do solemnly swear that I served for a period of in the Army of the United States during the war of the rebellion, and was honorably discharged therefrom, as shown by a statement of such service herewith, and that I have remained loyal to the Government; that I have never made homestead entry or filed a declaratory statement under sections 2290, 2304, or 2309 of the Revised Statutes; that I am not the proprietor of more than one hundred and sixty acres of land in any State or Territory; that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, a quantity of land, agricultural in character, and not mineral, which, with the tracts herein authorized to be located, would make more than three hundred and twenty acres; that I have appointed, by power of attorney, duly executed on the - day of — (or I do hereby appoint), -, of - County and State of —, my true and lawful agent, under section 2309 aforesaid, to select for me and in my name, and file my declaratory statement for a homestead right under the aforesaid sections; and I hereby give notice of my intention to claim and enter said tract under said statute; that the location herein authorized is made for my exclusive use and benefit, for the purpose of my actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person; that my said attorney has no interest, present or prospective, in the premises, and that I have made no arrangement or agreement with him or any other person for any sale or attempted sale or relinquishment of my claim in any manner or for any consideration whatever, and that I have not signed this declaration in blank. Sworn to and subscribed before me this - day of, 189-, and I certify that the foregoing declaration was fully filled out before being subscribed or attested. [OFFICIAL SEAL.] -----—. By virtue of the foregoing, and of a certain power of attorney therein named, duly executed on the - day of --, and filed herewith, I hereby select the - as the homestead claim of —, the aforesaid, and do solemnly swear that the same is filed in good faith for the purposes therein specified, and that I have no interest or authority in the matter, present or prospective, beyond the filing of the same as the true and lawful agent of the said, as provided by section 2309 of the Revised Statutes of the United States. - Agent. Sworn to and subscribed before me this -- day of, 189-. [OFFICIAL SEAL.] NOTE.-This form may be used where the declaratory statement is filed by an agent under section 2309, Revised Statutes. 284 TITLE TO PUBLIC LANDS. [4-015.] HOMESTEAD. [Soldiers' and sailors' homesteads under act June 8, 1872.] Application No. —.] ILAND OFFICE AT ---- - —, 189-. I,, of, do hereby apply to enter, under the provisions of the act of June 8, 1872, amendatory of an act entitled "An act to enable honorably discharged soldiers and sailors, their widows and orphan children, to secure homesteads on the public dolmain," the - of section -, in township -, of range - containing acres, and for which I have filed my declaration on the - day of, 18-, through -, my duly appointed agent. My postoffice address is -. LANI) OFFICE AT -- -, 189-. I, --- -—, register of the land office, do hereby certify that filed the above application at this office on the - day of -, 18-, and that he has taken the oath and paid the fees and commissions prescribed by law. -- - Register. [4-065.] AFFIDAVIT. [Soldiers' and sailors' homelsteads under act June 8, 1872.] No. -.] LAND OFFICE AT-, 18-. I, -, of --, do solemnly swear that I am a -, of the age of twenty-one years, and a citizen of the United States; that I served for ninety days in Company -, - Regiment United States Volunteers; that I was mustered into the United States military service the - day of -, 18-, and was honorably discharged therefrom on the - (lay of -, 18-; that I have since borne true allegiance to the Government; awld 1hat I have made my application, No. -, to enter a tract of land under the provisions of the act of June 8, 1872, giving homesteads to honorably discharged soldiers and sailors, their widows and orphan children; that I have made said application in good faith; and that I take said homestead for the purpose of actual settlement and cultivation, and for my own exclusive use and benefit, and for the use and benefit of no other person or persons whomsoever; and tlat I have not heretofore acquired a title to a tract of land under this or the original homestead law, approved May 20, 1862, or the amendments thereto, or voluntarily relinquished or abandoned an entry heretofore made under said acts. So help me God. Sworn and subscribed to before me, --, register of the land office at this - (lay of -, 18-. --, Register. [4-008.] APPLICATION. [Additional entry under section 2306 of the Revised Statutes of the United States.] No. -.] LAND OFFICE,, --—, 18-. I,, of — County, State of --, being entitled to the benefits of section 2306 of the Revised Statutes of the United States, granting additional lands If residence in city, street and number must be given. TITLE TO PUBLIC LANDS. 285 to soldiers and sailors who served in the war of the rebellion, do hereby apply to enter the - as additional to my original homestead on the -, which I entered, 18-, per homestead No. -. My post-office address is --- LAND OFFICE, ---- —, 18-. I,, register of the land office at -, do hereby certify that filed the above application before me for the tract of land therein described, and that he has paid the fee and commissions prescribed by law. ---, Register. [4-197.] CERTIFICATE. [Additional entry under section 2306 of the Revised Statutes of the United States.] Final certificate No..] [Application No. - LAND OFFICE, —, 18-. It is hereby certified that, pursuant to the provisions of section 2306 of the Revised Statutes of the United States, - has paid the fee and commissions and made entry of the - of section -, of township --, of range -, containing acres, which added to the quantity embraced in his original homestead No., on which he has made final proof, as per certificate No. -, does not exceed 160 acres. Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Office, the said - shall be entitled to a patent for the tract of land above described. -- egister. [4-102 a.] AFFII)AVIT. [Act of June 20, 1890. LAND OFFICE AT (Date) -, 189-., - ----, of —, applying to enter (or file for) a homestead, do solemnly swear that I did not enter upon and occupy any portion of the lands restored to the public domain and made subject to entry by the act approved June 20, 1890-Public, No. 170-prior to December 20, 1890. Sworn to and subscribed before ine this -- day of -, 189-. [4-343.] UNITEI) STATES LAND OFFICE, --—, 18-. SIR: Your homestead entry No. -, sec. -, T. -, R. -, was made -, 18-, and the five years during which residence and cultivation were required by law expired -- -, 18-. The law provides that patent shall issue upon the presentation of proper proof of residence and cultivation within two years after the expiration of the five years referred to. If residence in city, street and number must be given. 286 TITLE TO PUBLIC LANDS. If this final proof is not presented within the time prescribed this office will be warranted in treating the entry as voluntarily abandoned on your part., egister. -, Receiver. To --- --- [4-344.] FOR SEVEN-YEAR NOTICE. UNITED STATES LAND OFFICE, —, 18-. SIR: You are hereby notified that the homestead law requires final proof of settlement and cultivation to be made within two years after the expiration of five years from date of entry, and that in case of your entry, No. -, for - of section -, township -, range -, dated -, 18-, the time fixed by the statute has expired without the requisite proof being filed by you. You will therefore, within thirty days from date of service of this notice, show cause before us why your claim shall not be declared forfeited and your entry canceled for noncompliance with the requirements of the law, so that the case may be reported to the Commissioner of the General Land Office for the proper action., Register., Receiver. To -, [4-344.] FOR EIGHT-YEAR NOTICE. DEPARTMENT OF TIHE INTERIOR, UNITED STATES LAND OFFICE, ---- —, 1S9-. SIR: You are hereby notified that the homestead law requires final proof of settlement and cultivation to be made within three years after the expiration of five years from date of entry (see act of July 26, 1894, 28 Stat., 123), and that in case of your entry, No., for --, of section -, township -, range -, dated - 18-, the time fixed by the statute has expired without the requisite proof being filed by you. You will, therefore, within thirty days from date of service of this notice, show cause before us why your claim shall not be declared forfeited and your entry canceled for noncompliance with the requirements of the law, so that the case may be reported to the Commissioner of the General Land Office for the proper action., Register. -- -—, Receiver. To — [4-385.1 TIMBERI-CULTURE PROOF-TESTIMONY OF CLAIMANT. [Act of June 14, 1878.] --- ---, being called as a witness in -- own behalf, in support of — timber-culture entry No. -, for - section -, township -, of range —, - meridian, in the district of lands subject to entry at, testifies as follows: Q. 1. What is your name (written in full and correctly spelled), your age, and post-office address?-A. Q. 2. Describe your timber-culture entry by legal subdivisions, giving the (late thereof and the number of acres embraced therein.-A. Q. 3. Are you a native-born citizen of the United States? If so, in what State or Territory were you born? '-A. Q. 4. What number of acres of said land was broken by you during the first year, what number broken during the second year, and what number broken during the third year, respectively, after the date of your entry — A. -- In case the party is of foreign birth a certified transcript of the court records of his declaration of intention to become a citizen, or naturalization, or a copy thereof, certified by the officer taking this proof, must be filed with the case. TITLE TO PUBLIC LANDS. Q. 5. How many acres of said tract were cultivated during the second year of your entry, and how many the third year?-A. -. Q. 6. How many acres of said tract were planted to trees, seeds, or cuttings (luring the third year of your entry I State the kind or kinds of trees, seeds, or cuttings planted; and how you know the area or number of acres so planted during said third year.-A. -. Q. 7. How many acres of said tract were planted to trees, seeds, or cuttings during the fourth year of your entry? State the kind or kinds of trees, seeds, or cuttings planted; and how you know the area or number of acres so planted (luring said fourth year.-A. ---. Q. 8. State what was done each year, subsequent to the fourth year, in the way of replanting and cultivating the tract planted to trees, seeds, or cuttings.-A. Fifth year,; sixth year,; seventh year, -; eighth year,; ninth year,; tenth year,; eleventh year,; twelfth year, Q. 9. Describe the condition of the trees now growing on said tract, giving their average diameter and height, as near as you can, the kind or kinds of trees, the number of trees per acre now growing thereon, and state how you know the facts to which you testify.-A. Q 10. Describe by legal subdivisions, or by number, kind of entry, and office where made, any other entry or filing (not mineral) made by yol since August 30, 1890.-A. (Sign plainly with full Christian name.) I hereby certify that each question and answer in the foregoing testimony was read to the claimant before -- signed -- name thereto, and that the same was subscribed and sworn to before me this - day of -, 189-, at my office in - County, -- NOTE.-The officer before whom the testimony is taken should call the attention of the witness to the following act of Congress, which is made by statute specifically applicable to all oaths, affirmations, and affidavits required or authorized under the timber-culture act: ACT OF rMARCH 3, 1857 (11 STATUTES, P. 250). "SEC. 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall be made or taken before ally register or receiver, 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 affirnmations, or take affidavits, and siich oaths, affirmations, or affidavitsare 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 concerning any of the public lands of the United States, issued by the Commissioner 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 anywise relating to or affecting any right, claim, or title, or any contest therefor, to any of the public lands of the United States, and if any person or persons shall, taking su'ch oath, affirmation, or affidavit, knowingly, willfully, 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 conviction, be liable to the punishment prescribed for that offense by the laws of the United States." (See also section 5392, U. S. Revised Statutes.) FIN]AL AFFIDAVIT. I, --, lhaving on the - day of --, 18-, made a timber-culture entry, No. -, of the - of section -, in township- of range -, subject to entry at -, -, under the timber-culture laws of the United States, do hereby apply to perfect my claim thereto by virtue of the seventh section of the act of June 14, 1878, entitled "An act to amend an act entitled 'An act to encourage the growth of timber on the Western prairies,'" and for that purpose do solemnly -- that my aforesaid entry was made in good faith, and not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or persons whomsoever; that I have not heretofore made any other entry under the timber-culture laws of the United States; and I do further - that the section of land specified in my aforesaid entry is composed exclusively of prairie lands or other lands devoid of timber, and that said entry was made for the cultivation of timber, and that I have planted on said land, cultivated, protected, and kept in a healthy growing condition for and during the period of eight (8) years last past -- acres of (here describe the kinds) timber; that not less than trees were planted on each acre, and that there are now at least - (here state the number) living and thrifty trees to and upon each acre, aggregating in total the number of trees. [Signature of claimant.] Sworn to and subscribed before me this - day of -, 189-, at my office in County, --- 288 TITLE TO PUBLIC LANDS. [4-386.] [The testimony of two witnesses, in this form, taken separately, required il each case.] TIMBER-CULTURE PROOF-TESTIMONY OF WITNESS. [Act of June 14, 1878.] -- ---, being called as a witness in support of the timber-culture entry of, No. --, for the -- of section -, township -, of range - meridian, in the district of lands subject to entry at -, testifies as follows: Q. 1. What is your name, age, occupation, and residence?-A. Q. 2. Are you well acquainted with -, the claimant, and if so, since what time have you known him — A. Q. 3. If you have personal knowledge regarding claimant's timber-culture entry, give the date when said entry was made, describe the tract or tracts, and state the number of acres embraced therein.-A. Q. 4. How far do you reside from the land described, and have you had continuous personal knowledge-of said land and the improvements thereon during the last eight (8) years?-A. Q. 5. Was the section embracing the entry of the claimant composed of prairie lands or other lands devoid of timber? l)escribe the land embraced in sai(l section, whether undulating or otherwise; and if any natural timber was growing on the tract named at the date of entry, state the kind of trees so growing, and their number, situation, and size.-A. Q. 6. How many acres of the land embraced in claimant's entry were broken by him during the Jirst year, how many during the second year, how many (luring the third year, respectively, after the date of entry? State how you know the area or number of acres broken.-A. Q. 7. How many acres of said tract were cultivated during the second year of said entry, and how many the third year?-A. Q. 8. How many acres of said tract were planted to trees, seeds, or cuttings during the third year of said entry? Give the kind or kinds of trees, seeds, or cuttings planted; and state how you know the area or number of acres so prepared and planted during said third year.-A.Q. 9. How many acres of said tract were planted to trees, seeds, or cuttings during the fourth year of said en try? Give the kind or kinds of trees, seeds, or cuttings planted; and state how youl know the area or number of acres so prepared and planted during said fourth. year.-A. Q. 10. State what was done by the claimant each year, subsequent to the fourth year, in the way of replanting and cultivating the tract planted to trees, seeds, or cuttings.-A. Fifth year,; sixth year, -; seventh year,; eighth year,; ninth year,; tenth year,; eleventh year,; twelfth year, Q. 11. How many acres of timber on the tract described has the claimant planted, cultivated, protected, and endeavored to keep in a lealthy growing condition for the period of eight (8) years, last preceding, and from what source is your knowledge upon this point obtained?-A. Q. 12. Describe the condition of the trees now growing on said tract, giving their average diameter and height, as nearly as you can, the kind or kinds of trees, the number of trees per acre, and state how you know the facts to which you testify.A. Q. 13. Has the claimant, to your knowledge, ever made any other timlber-oulture entry?-A. Q. 14. Have you any interest, direct or indirect, in this claim?-A. -- (Sign plainly, with full Christian name.) I hereby certify that the above-named --- personally appeared before me; that the foregoing testimony was read to him before being subscribed, and was sworn to by him before me this -- day of -, 189-, at my office in -— County, --- NOTE.-The officer before whom the testimony is taken should call the attention of the witness to the following act of Congress, which is made by statute specifically applicable to all oaths, affirmations, and affidavits required or authorized under the timber-culture acts. ACT OF MARCH 3, 1857 (11 STATUTES, p. 250). "SECTION 5. And be it further enacted, That in all cases where any oath, affirmation, or affidavit shall be made or taken before any register or receiver, or either or both of them, of any local land office in the United States or in any Territory thereof, or where any oath, affirmation, or affidavit shall TITLE TO PUBLIC LANDS. 289 be made or taken before any person authorized by the laws of any State or Territory of the United States to administer oaths or affirmations, 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 concerning any of the public lands of the United States, issued by the Commissioner 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 aflecting any right, claim, or title, or any contest therefor. to any of the public lands of the United States, and if any person or persons shall, taking such oath, affirmation, or affidavit, knowingly, willfully, or corrupjtly swear or affirm falsely, the same shall be deemed and taken to be perjury, and the person or persons guilty thereof shall, upon conviction, be liable to the punishment prescribed for that offenso by the laws of the United States." (See also section 5392, U. S. Revised Statutes.) [4-4)73 a.] TIMBER-C ULTUtRE ENTRY. [(ommutation under the first section of the act of March 3. 1891.] FINAL AFFII)AVIT. I, - --, having, on -- day of -, 18-, made a timber-culture entry, No. --, of the - of section -, in township -, of range -, subject to entry at -, under the timber-culture laws of the United States, do hereby apply to perfect my claimi thereto by virtue of the first section of the act of March 3, 1891, entitled "An act to repeal tiimber-culture laws, and for other purposes," and to that elll do solemnly -- that I am a bona tide resident of- - —, in the State or Territory of -, and a -- citizen of the United States, or have declarel myy intention to becomie a citizen of the United States; that my aforesaid entry was made in good fiith,.and not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or persons whomsoever; that I have not heretofore smade any other entry under the timber-culture laws of the United States; and I do further - that the section of laud specified in my aforesaid entry is composed exclusively of prairie lands or other lands devoid of timber, and that said entry was mliade for the cultivation of timber, and that I have broken and cultivated said land, and planted, cultivated, and protected timber thereon, to the extent and in the manner prescribed in said laws, as follows, viz: -, -- LSiflature of claimant.] Sworn to and subscribed lefore nme this l — lay of —. 189-, at Ily office in - County, -- [4-148.] Final receiver's receipt, No. -.] [Application No. -. TIMBER CULTURE. [Acts of March;1, 1873. March 13, 1874. and June 14. 1878.] RECEIVER'S OFFICE,, 18-. Received of — the suml of -- dollars - cents, being the balance of payment required by law for the timber-culture entry of the -- of section —, in township —, of range -, -- mieridian, contaiinig ---- acres, under the acts of March 3, 1873, and March 13, 1874, and the act of June 14, 1878, amendatory thereof, entitled "An act to amend the act entitled ' An act to encourage the growth of timber on the Western prairies.'' - —, leccirer. In case the party is of foreign birth a copy of his declaration of intention to become a citizen or full naturalization certificate officially certified must be filed in the case. -Here insert a statement of the acts done, giving the particulars as to areas broken, cultivated, and planted in the first, second, third, and fourth years, respectively, from date of entry, kind and quantity of trees planted, etc. 3073-19 290 TITLE TO PUBLIC LANDS. [4-217.] TIMBER CULTURE. [Acts of March.: 1873, March 13, 1874. atid June 14, 1878.1 Final certificate, No. -.] [Application No. LAND OFFICE AT — -, 18-. It is hereby certified that, in pursuance of the provisions contained in the acts of Congress of March 3, 1873, and March 13, 1874, and the act amendatory thereof, of June 14, 1878, entitled "An act to amiend the act entitled 'An act to encourage the growth of timber on the Western prairies," --, of -, has madte payment in full for --- of section No. -, in township No. -, of range No. -, - meridian, containing -- TTT acres. Now, therefore, be it known that, on presentation of this certificate to the Commissioner of the General Land Office, the said - shall be entitled to a patent for the tract of land above described., — - ister. [4-537.] [This aftidavit can be made only upon the personal knowledge of aptplicant derived ft'rIii iis,own personal examination of' the lndl.] TIMBER AND STONE LANDS-SWORN STATEMENT. [To be made in dul)licate.] LANI OFFICE AT (Date), 18-. I, --, of (town or city) -, county of -, State (or Territory) of -,desirinig to avail myself of the provisions of the act of Congress of June 3, 1878, entitled " An act for the sale of timber lands in the States of California, Oregon, Nevada, and in Washington Territory," as extended to all the public land States by act of August 4, 1892, for the purchase of the -, of section —, township -, of range —, in the district of lands subject to sale at, do solemnly that I am a native (or naturalized) citizen (or have declared my intention to become a citizen ) of the 1United States, of the age of -, and by occupation; that I have personally examined said land, and from mly personal knowledge state that said land is unfit for cultivation, and valuable chiefly for its; that it is uninhabited; that it contains no mining or other improvements -, nor, as I verily believe, any valuable deposit of gold, silver, cinnabar, copper, or coal; that I have made no other application under said acts; that I do not apply to purchase the land above described on speculation, but in good faith to appropriate it to my own exclusive use and benefit, and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title I may acquire from the Government of the United States may inure in whole or in part to the benefit of any person except myself, and that my post-office address is I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; that said affiant is to Ime personally known (or has been satisfactorily identified before me by ---, --, --, - ), and that I verily believe him to be the person he represents himself to be; and that this affidavit was subscribed and sworn to before me this - day of -, 18-. Register (or Receiver). NOTE.-Every person swearing falsely to the foregoing affidavit is guilty of perjury, and will be punished as provided by law for such offense. In ardition thereto, the mloney that may he paid for the lan'd is forfeited, aind all conveyances of the land or of any right, title, or claim thereto, are absolutely null and void as against the United States. 'In case the party has been naturalized or has declared his intention to become a citizen, a certified copy of his certificate of naturalization or declaration of intention, as the case may l)e, must be furnished. 2If the residence is in a city, the street and number must be given. TITLE TO PUBLIC LANDS. 291 [4-371.] [The testimony of two witnesses, in this form, taken separately, required in each case.] TESTIMON\Y 01F WITNESS UNDER ACTS OF JUNE 3, 1878. AND AUGUST 4, 1892. -, being called as a witness in support of the application of to purchase the - of section -, township -, of range --, testifies as follows: Q. 1. What is your age, post-office address, and where do you reside?-A. Q. 2. Are you acquainted with the land above described by personal inspection of each of its smallest legal subdivisions?-A. Q. 3. When and in what manner was such inspectioll lnale?-A. - Q. 4. Is itoccupied, or are there any improvements on it not made for tlitch or canal purposes or which were not made by, or do not belong to, the said applicant?-A. -. Q. 5. Is it fit for cultivation?-A. Q. 6. What causes render it untit for cultivationl?-A. Q. 7. Are there any salines or indications of deposits of gold, silver, cinnalar, copper, or coal on this land? If so, state what they are and whether the springs or mineral deposits are valhable.-A. Q. 8. Is the land more valuable for mineral or any other purposes than for the timber or stone thereon, or is it chiefly valuable for timber or stone?-A.Q. 9. From what facts do you conclude that the land is chiefly valuable for timber or stoine?-A. Q. 10. Io you know whether the applicant has directly or indirectly made any agreement or contract, in any way or manner, with any person whomsoever, by which the title which he may acquire front the Government of the United States may inure in whole or in part to the benefit of any person except himself?A. Q. 11. Are you in any way interested in this application or in the lands above described or the timber or stone, salines, mines, or improvements of any description whatever thereon?-A. I hereby certify that each question and answer in the foregoing testimony was read to the witness before - signed -- name thereto, and that the same was subscribed and sworn to before me this -- day of -, 189-. NOTE.-T'he officer before whom the testimony is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that lie testifies falsely, to prosecute him to the full extent of the law. TITLE LXX.-CRIMES.-CHAPTER 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer. or person in any case in whiich a law of the United States authorizes an oatl to be administered, that lie will tcstify, declare. depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is trne, willfully, and contrary to such oath, states and subscribes any material matter which he does not believe to be true. is guilty of perjury, and shall be punished by a tine of not miore than two thousand dollars and by imprisonment. at hard labor, not more than fire years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. (See sec. 1750.) [4-274.] [This affidavit can be made only upon applicant's personal knowledge, and from his own personal sexamlination of the land, and must be subscribed and sworn to by the register and receiver of the land district in which the land is situated, or before the judge or clerk of a court of record of the colnty in which the lands are situated, or any commissioner ot the United States circuit court having julrisdiction over the county in which the land is situated.] [DESERT-LAND ACT OF MARCH 3, 1877, AS AMENDED nB ACT OF MARCH 3, 1891.] DECLARATION OF APPLICANT. No. UNITED) STATES LAND OFFICE, --- --- --— 19, S9-. I,, of (tow or city) -, County of -, and State (or Territory) of ---, being duly sworn, on oath depose and declare: That I am a nativeborn (or naturalized) citizen - of the United States, of the age of - years, and a resilelnt of --, andiby occupation a ---; that my post-office address is ---; that 292 TITLE TO PUBLIC LANDS. I intend to reclaim a tract of desert land not exceeding one-half section, or 320 acres, by conducting water upon the same within four years from date of entry, in manner as required by the act of Congress approved March 3, 1877, entitled "An act to provide for the sale of desert lands in certain States and Territories," as amended by act of March 3, 1891. The land which I intend to reclaim is desert land and is situated in - county, in the -- land district, and is described as follows, to wit: The o f section No. -, township No. -, range No. -, containing -- acres. I further depose and declare that I have made no other declaration for desert lands nor any other entry under the provisions of said act; that since August 30, 1890, I have not entered under the land laws of the United States, or tiled upon, nor do I hold by assignment under the act of March 3, 1891, a quantity of land which, with the tracts now applied for, would make more than 320 acres; that I have made an actual personal examination of each and every legal subdivision of the land above described; that said land borders on (state what stream or body of water ana describe the same) -, and that there is through or upon said land (name and describe all water courses, springs, or other bodies of water) -; that said land is not naturally irrigated or watered, nor overflowed at any season of the year by the foregoing or any natural stream, spring, or other body of water; that I expect to obtain my water supply to irrigate said land from; that the character of the soil is; that said land w-ill not, without artificial irrigation, produce an agricultural crop of any kind in amount reasonably remunerative, and that it will not, when unfed by grazing animals, produce native grasses sufficient in quantity to make an ordinary crop of hay in usual seasons; that there are no trees growing on said land, but that the same is devoid of timber; said laiid does IIot contain moisture sufficient to produce a natural growth of trees; that the same is essentially dry and arid laud, wholly unfit for cultivation without artificial irrigation; that said land can not be successfully cultivated without being reclaimed by conducting water thereon; that said land has hitherto been unappropriated, unoccupied, and unsettled because it has been impossible to cultivate it successfully on account of its dry and arid condition; that it is a fact well knowll, patellt, and notorious, that the same will not, in its natural condition, produce any crop; that no portion of said land has ever been reclaimed by conducting water thereon, and that there are no lands in the vicinity of this tract that are occupied by settlers and cultivated without artificial irrigation. A nd I fntrther declare tlat there is not, to my knowledge, within the limits of said land any vein or lode of quartz, or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not, within the limits of said land, to my knowledge, any placer, cement, gravel or other valuable mineral deposit or salines; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for mineral (luring any part of the year by any person or persons; that said land is essentially nonmineral land, and that my declaration therefor is not made for the purpose of fraudulently obtaininlg title to mineral land, timber land, or agricultural land, but for the purpose of faithfully reclaiming the land above described by conducting water thereon within three years from date of entry. My post-office address is - NOTES. 1. If residence is in city, street and ilumber must be given. *2. In case the party has been naturalized, a certified copy of his certificate of naturalization must be furnished. 3. When the entry is made on unsurveyed land a correct diagram of the lands applied for must bo furnished, also a map which shall exhibit a plan showing the mode of contemplated irrigation as required by section 4 of the said act. LAND OFFICE AT ------- 1S9-. I hereby certify that the foregoing affidavit was read to the affiant in my presence 1before he signed his namne thereto; that said afi.int is to me personally knowni (or has been satisfactorily identified before me by - ), and tllat I verily believe him to be a credible person and the person he represents himself to be, and that this affidavit was subscribed and sworn to before me at my office in, on this day of ---, 189 —. NOTE.-Any person swearing falsely to the foregoing affidavit or to any of the statements therein, is guilty of perjury, and will be punished as provided by law for that ofiense. The officer before wrhom the deposition is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. TITLE TO PUBLIC LANDS. 293 TITLE LXX.- CRIMES. CHAPTER 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case ill which a law of the United States authorizes an oath to be administered, that he will testify, declare. depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true is guilty of perjury, and shall be punished by a fine of not lmore than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as thejudguient against him is reversed. (See sec. 1750.) [4-074.] [Desert-land act of March 3, 1877.] AFFIDAVIT OF WVITNESS. No..- ] LAND) OI'FI:E AT ----, 1lo-. I,, of (town or city) ---, county of, and State (or Territory) of -, being duly sworn, declare upon oath: That I am a resident of. of the age of -, and by occupation a; that my post-office address is -- that I am well acquainted with the character of each and every legal subdivision of the following described land embraced in the declaration of --, viz: the of section No. -, township No. —, range No. -, containing - acres; that I became acquainted w-ith said land by a personal examination of each and every legal subdivision thereof; that I have been acquainted with it for - years last past; that I have frequently passed over it; that my knowledge of said land is such as to enable me to testitf understandingly concerning it: that the same is desert land within the meaning of the second section of the act of Congress al)pproved March 3, 1877, entitled "An act to provide for the sale of desert lands in certain States and Territories;" that said land borders on (state what stream or body of water and describe the same), and that there is through or upon said land (name and describe all water courses, springs, or other bodies of water); that said land is not naturally irrigated or watered. or overflowed at any season of the year by the foregoing or any natural stream, spring, or other body of water; that water to irrigate said land can be obtained froml - -, a distance of fromn said land; that the character of the soil is ---; that it produces a natural growth of; that said land will not, without artificial irrigation, produce an agricultural crop of any kind in amount reasonably remunerative, and that it will Inot, when unfed by grazing animals, produce native grasses sufficient in quantity to make an ordinary crop of hay in usual seasons; that there are no trees growing on s;,iid land, but that the eame is devoid of tilmber; said land does not contain moisture sufficient to produce a natural growth of trees; that the same is essentially dry and arid land, wholly unfit for cultivation without artificial irrigatioln; that said land (all not be successfully cultivated without being reclaimed by conducting water thereon; that said land has hitherto been unappropriated, unoccupied, and unsettled lecause it has been impossible to cultivate it successfully on account of its dry and arid condition; that it is a fact well known, patent, and notorious that the same will not, in its natural condition, produce any crop; that no portion of said land has ever been reclaimed by conducting water therleon, and that there are lno lands in the vicinity of this tract that are or have been cultivated without artificial irrigation. AInd Ifurther declare that there is not, to 1my knowledge, within the limits of said land any vein or lode of quartz. or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not, within the limits of said laud, to my knowledge, any placer, cemenet, gravel. or other valuable mineral deposit or salines; that 110 portion of said land is claimed for lmining purposes under the local customs or rules of miners, or otherwise; that nio portion of said laud is worked for mineral dlring any part of the year by any person or persons; and that snid land is essentially nonmineral land. And I furtlher declare that I make this affidavit at the request of --, and that I am not interested in any way or manner, directly or indirectly, present or prospective, in the application or declaration in support of which this affidavit is matde, nor in the land itself, nor in any title thereto which may be acquired by said applicant or any other person. LAND OFFICE AT-, 1S-. I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; tlat said affiant is to me personally known (or has been satisfactorily identified before me by ), and that I verily believe 294 TITLE TO PUBLIC LANDS. him to be a credible person anti the person hoe represents- himself to lic, and that this altidlavit was subscribed and sworn to before mie at my oflice in ~lon thisday of Is1-. Reqistcr. Reccirer. NOTE.-Tile officer before whom the, (eposition is taken slhcmild call tlhe,attention of tlie witnes.s to the following section of the Revised Statuntes, and state to him that it is tile puirpose of tie (Governmeait, if it be ascertainc(I that he testifies falsely, to Prosecute him to the fnll extent of the lawN. TITLE LXX.-CJRIMES. ---CHAP. 4. SEC. 5392. Every person wilo, liavincr taken an oath before a competenit tribintal, officer, or person, in any case ill which the law of the Unlsteti States authorizes an oath to he admiinistered, titat lie will testily, de-clai'e, depose, orcertify trnly, ortiat any wNritten tesioydelrta, epiin r certificate by himu sobseriheti is trute, wilfutlly,anli contrary to stich oath states or stibseribes any miaterial matter wvhich lie tines not believe to be trute, is gililty (if perjury, andI shall be pl~lnlli~hed by a fine of hot more titan two thousand tiollars, and iv iimplrisolnment, at imaril laitor, Ilot more tilal live years, alid shall, nioreover, thereafter be incapable of givilng testimlonly in amiy conrt of tlle United States until suchi time as the judgment against hium is reversed. [See '1750.1 DESERT LANDS.-ACT OF" MARCH 3, 1877. No. -U NITED STATEs LAND OFFICE, 18 -It is hereby certified that tander the provisions of the act of Congress approved March 3, 1877, entitled "An act to provide for the sale of desert landls in certain States and Territories,,of ~, has this day filed in this office his declaration of intelation to reclaim the following-described tract of laild, vriz: that he has filed evidence to show that the said tlrlct of land is (lesert land~ as defined in the second section of said act, and that line has paid to the receiver the slim of dollars, being at the rate of cents petr acre for the land abovre described. IRegister. Ileccirer-. Within three years from the dlate of this certificate littal proof atad paylnent are, by law, reqttired to lie made. Notice of intention to make such proof must be filed by the claimant -with the register and published in a newspaper (lesigliated by him for a period of thirty daYs or in five consecntive issues of said paper, which notice uinust, also contain the nianles of the witnesses by whom the necessary facts will be established. [4-372a. [Final proif under the (lesert-lault act of Mlarch 3, 1877, amid Mlarch 3, 1891.1 D)EPOSITION OF APPLICANT. Q.1. State your name, ace, I)ccilpation, residence, and post-office address.A. -.2 Are yott a natire-borst citizen of the United States; and if so, in wvhat 'State or Territory were you b)orn, and of what State oir Territory are you now a resident citi Zen? '-A. Q). 3. Give the niumber and (late of tile (esert-landl entry heretofore madc by yotu, andI describe the land emibraced therein.-A. Q. 4. State its situation, the character of the soil, its proximity to 'Water, and what natmlral streams, springs, or bodies of water are upon, or pass throughi, or adjoin it. Amnd if aniy, do the streams or springs afford natural irrigation?-A. Q.5. Do you own and control, or have yott a clear right to the tuse of water suflicient to irrigate the whole of the land andi for keeping the same permlanently irrigated?-A. Q. 6. State the source and volume of the water supply, how acquired by yota, and how maintained, and at what cost. (Record evidence of the claimant's rigilt to the IIn case the party is of foreign birth, a certified transcript from the court records ofbIis declaration of intention to ilecomme'a eitizen, or umattiral izattion. or a copy thereof, certified by the officer taking this proof', nimhst be filed with the case. TITLE TO PUBLIC LANDS. 295 use of the water, or other satisfactory evidence, in accordlance with local laws, must be furnished. )-A. -A. Q. 7. State f1rom personal knowledge wl-ether such water has been conducted during ally one season upon all the laud enbraced in your entry, and it' the same has been irrirgated and reclaimed froui its desert condition to such an extent that it will now produce an agricultural crop or a paying crop of hay.-A. q3. 8. State also the number, dimension,,s, and carrying capacity of the main (litch or dtitches, an(l also of all the ditches on each legal subdivisiou of the land which are used in irrigating the same; also the cost of the dlams and ditches and the amount exp)ended in the aggregate, in complianice with the legal re(luirements, whether it etlqials $3 per acre of the entire area or Inot?-A. Q. 9. State whether you have;een water distributed through and by means of saidl ditches over all the land in each legal subdivision of your entry with a view to the proper reclamation thereof; and if so, state the (dates when each distribuition was made and the quantity of water per acre used, and the time occupied in making the same, in each and every year.-A. Q. 10. If there are any high points or uneven surifaces which are practically Iiot susceIptible of irrigation, state definitely the nature, situation, extent, and aIrea of the same.-A. Q. 11. Has an n agrcultural crop of any laind, including a marked( increase ill the growth of grass, been raised on the land as the result of such irrigation? If so, state the kind of crop and the quantity per acre, and describe the portion of the entry on which the same was raised, showing the aggregate area in actual cultivation, whether it equals one-eighth of the entire area or not.-A. Q. 12. If any lands adjacent to or ill the vicinity of the land embraced in this entry are settled upon or occupied, anid paying crops of any kind are or have been raised. thereon without antificial irrigation, (lescribe the samle, and state year or years of cultivation, the kind of crop, andl the quantity raised per acre. Itf so, state whether the lands producing the same were naturally irrigatedl.-A. - -. Q. 13. Has any coal or other minerals been discovered on said land, or is anly coal or mineral known to be contained therein?-A. - Q. 14. Are there any indications of coal, salines, or minlerals of any kind oil this land? If so, describe what they are. —A. -_ _ Q. 1.. Have you the sole and entire interest in said entry and in the tract c.overed thereby, and in the right to the water sufficient to continuously irrigate the same?A. Q. 16. Has any other- person, individual, company, or corporation any iiiterest whatever in said entry, tract, or water appropriatio~n If so, give the name, residlence, and occupation of each such person, the name, business, and locality of any such corporation or company, and the nature, amount, andl extent of such interest.A. Q. 17. HIave you made any other desert-land entry, or have you any interest, direct or ili(lirect, in any other entry under the (lesert-land act?-A. Q. 18. i)escribe by legal sublldivisions, or by numnber kind of entry, and office where mlade, any other entry or filing (not mineral), mlade by you since August 30, 1890.A. (Sign here with full christian name.). LAND) OFFICE AT 1, 89-. I mereby certify that the foregoing testimony was read to the claimant before being subscribed; that I believe him to be the person he represents himself to be, anti that said testimony was subscribed andl sworn to before me at my office i —, oin the - day of -, 189-. R, egister. —, _Receirer. NOTE.-A correct diagram, showing thie location of all ditches and improvements, must be furnished i}V claimlant. NOTE.-The ofticer befotre whom the deposition is taken slioul call the attention of the witness to tile tollownilg section of thle Revised Statutes, and state to him that it is the puirpose of the Governmnent, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. TITLE LXX. —CRIMES. —CHAPTER 4. SEC. 5392. Every person who, having taken an oath before a competent tribnnal, officer, or person, in any case ii which a law of the United States autlhorizes aii oath to be administered, that he will testify. declare. depose, or certify truly, or that alny written testimony, declaration, deposition, or certilihate by him subscribed is true, willfully and contrary to such oath states or subscribes any miaterial matter w:hich he does not believe to be true, is guilty of perjury, and shall be punished by a line of not nmore than two thousand dollars, aid by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the juldgment against him is reversed. (See sec. 1750.) 296 TITLE TO PUBLIC LANDS. [4-074,a. ] [Affidavit required of parties appearing as assignees of original entrymen.] DESERT-LAND ENTRY. [Acts of March 3, 1877, and March 3, 1891.J I,, of -, claiming to be assignee of, who made eltry No. of the -- of section -, in townshipl - of range -, on the - day of -, 18-, at the district laud office at -, do solemnly swear that I am a bona lide resident citizen of the State or Territory of - and a -- citizen of the United States, or have declared my intention to become a citizen of the United States; that the said -, who mlade said entry, did on the -- day of -, 18-, transfer his right thereunder to mle, by virtue of deed or instrument of writing of which a certified copy is herewith attached; and further, that I do not hold by assignment or otherwise more than three hundred and twenty acres of land entered under said acts, the only lands so held by me being described as follows, and being embraced in entries indicated as follows, viz:'; that since August 30, 1890, I have not entered under the land laws of the United States, or filed upon, nor has there been assigned to ime a quantity of land, agricultural in character, and not mineral, which, with the tract now assigned would make more than three hundred and twenty acres, except -- My post-office address is (Sign plainly with full christialn nanine ) Sworn to and subscribed before me this - (lay of -, 189-,;t my office il County, [4-074 b.] [.5'e.a'ly- lproof rlquirt.d. j I)ESER IT-LANI) ENTITY. [Acts of March 3,1877. al(nd Marc: 3, 1891.] CLAIMANT'S TESTIM(ONY. I,, of -, having on the - day of —, 18-, made entry No. of the - of section in township -, of range -, containing -- acres, at the district land office at -, under the desert-land laws of the United States, (lo solennlyl swear tha t during the - year after making said entry, that is, after the day of —, 18-, and before the -- day of-, 18-, I expended in the necessary irrigation, reclamation, and cultivation of said land the sn of --, being nlot less than one dollar per acre of the area thereof, and that said sumI was expended in mlanunerfollowing, viz: ' (Sign plainly with full christian nanie.) Sworn to and subscribed before me this - day of -, 189-, at my office in - County, At the expiration of the third year the proof required, as above, must be accolmlanied with a imap or plan showing the character and extent of the improvements made oil the land, verified under oatl of the entryinan. Here insert statement of land and of entries in form following, viz: ' - of section -, townshlip -, of range -, entered ly --, on the -- day of -, 18-, entry No. —, -- series." *'Here insert in detail the extent and character of the illlrovellents made on the land. TITLE TO PUBLIC LANDS. 297 [4-074 c.] [Depositions of two witnesses in this form required to be taken separately.] DESERT-LAND ENTRY. [Acts of March 3, 1877, and March 3, 1891.] I,- -, of —, leing well acquainted with the tract of land embraced in the entry, No. -, of the - of section -, in township -, of range —, containing -- acres, made by, of -, on the - day of —, 18-, at the district land office at -, under the desert-land laws, being duly sworn, declare upon oath that there was expended by him during the - year after the date of said entry, that is, after the - day of -, 18-, and before the - day of -, 18-, the sum of -, being not less than one dollar per acre of the area thereof; and that the said sum was expended in the following manner, viz: --- (Sign plainly with full christian name.) Sworn to and subscribed before me this - day of-, 189-, at my office in -- County, --- [4-373 a.] [The depositions of two witnesses, in tlis formi. taken separately, required in each case.] FINAL PROOF UNDER THE DESERT-LAND ACTS OF MARCH 3, 1877, AND MARCH 3, 1891. DE)POSITION OF WITNESS. 1. Question. State your name, age, residence, occupation, and post-office address.Answer. 2. Q. Are you acquainted with -, who made desert-land entry No.- on the - day of -, A. D. 18-, upon the -, how long have you known him, and where does lie now reside?-A. 3. Q. lHave you personal knowledge of this land? State its situation. the character of the soil, its proximity to water, and what natural streams, springs. or bodies of water are upon, or pass through, or adjoin it; and if any, is any part of the claim naturally irrigated by such stream or spring?-A. 4. Q. Does the entryman own and control or have a clear right to water sulnicient to properly and permanently irrigate all the land embraced in this entry?-A. 5. Q. State the source and volume of the water supply, how acquired, and how maintained?-A. 6. Q. Has water been conducted upon the land embraced in said entry so as to irrigate and reclaim the same from its former condition to such extent that it will proIluce an agricultural crop? If so, give the numbers, dimensions, and capacity of the main ditch or ditches, and also of all the ditches on each legal subdivision of the land which are used in irrigating the same, and thle amount expended in complying witl the legal requirements, whether it equals $3 per acre of the entire area or not?-A. 7. Q. Have you seen water distributed through and by means of said ditches over all the land in each legal subdivision of said entry? State the dates when such distribution took place, the duration thereoft and the quantity of water per acre used.A. 8. Q. If there are any high points or uneven surfaces which are practically not susceptible of irrigation, state definitely the nature, situation, and area thereof.A. 9. Q. THas an agricultural crop of any kind, including an increased growth of grass, been raised on the land as tlhe result of such irrigation? If so, state the year when raised, the kind of crop, the quantity per acre, and the portion of the entry on which the same was raised, showing the aggregate area in actual cultivation, whether it equal one-eighth of the entire area or not.-A. 10. Q. If any lands adjacent to or in the vicinity of the land embraced in this entry are settled upon or occupied, and paying crops of any kind are or have been raised thereon without artificial irrigation, describe the same, and state year or I Hero state the extent and character of the improvements made on the land. TITLE TO PUBLIC LANDS. years of cultivation, kind of crop and quantity raised per acre, and if paying crops have been raised, were the lands naturally irrigated?-A. 11. Q. Has any coal or other minerals been discovered on said land, or is any coal or mineral known to be contained therein? Are there any indications of coal, salines, or minerals of any kind on this land? If so, describe what they are.-A. 12. Q. Have you any interest, direct or indirect, in this entry or in the laud covered thereby, or in the water supply used in its irrigation?-A. - (Sign here with full Christian name.) LAND OFFICE AT, 1S9-. I hereby certify that the above testimony was taken and subscribed before nie this day. and that the same was read to the witness in my presence before he signed his name thereto; that I believe the witness to be the person he represents himself to be, and that the land described is properly subject to entry under the desertland act, and that said testimony was subscribed and sworn to before me at my office in - County, NOTE.-The officer before whom the deposition is taken should call the attention of the witness to the following section of the Revised Statutes, and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law: TITLE LXX.-CRIMES.-CCHAP. 4. SEC. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case iln which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testinony, declaration, deposition, or certificate by him subscribed is true. willfullv and contrary to such oath states or subscribes any material matter which lie does not believe to be trlue, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter be incapable of giving test.imony in any court of the United States until such time as the judgment against liimii is reversed. See,' 175;0. [4-143.] IESERT-LAND ACT OF M1ARCH 3, 1877. Receiver's final receipt, No. -.] [Declaration, No. --. LAND O)FFICE AT,, 1S'9-. Received from, of - County, State or Territory of --, tle sum of — dollars and -- cents, being final payment of one dollar per acre for the -, containing - acres, at one dollar and twenty-five cents per acre, the sum of twenty-five cents per acre having been heretofore paid, as per original receipt No. -. -, Icceircr. $-. [4-200.] DESERT-LAND ACT OF MARCH 3, 1877. Register's final certificate, No. —.] [Declaration. No.-. LAND ()FFICE AT, 189-. It is hereby certified that, in pursuance of tile act of Congress approved March 3, 1877, entitled "An act to provide for the sale of desert lands in certain States and Territories," -, of - County, State or Territory of -, has purchased of the register of this office, and. made payment in full for the land described as follows, to wit: - containing - acres, at the rate of one dollar and twenty-five cents per acre, amounting to - dollars: Now, therefore, be it known that on presentation of this certificate to the Commissiorter of the General Land (ffice, the said - shall be entitled to receive a patent for the tract of land above described. ----, Register [NOTE.-See original declara;tin;d1, receipt No. —. i TITLE TO PUBLIC LANDS. 299 [4-062.] NONMINERAL AFFIDAVIT. This aflidavit can lIe sworn to only on personal knowledge, and can not be made on information and belief. The nonmineral affidavit accomplanying an entry of public land must be imadle by the party making tlie entry, and only befire the officer taking the other affidavits required of the entrymnan. IUNITEI) STATES LAND OFFICE,, 189-. --- ---, being duly sworn according to law, deposes andt says that lie is the identical - ho is an applicant for Government title to the -; that be is well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that his personal knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not, to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal; that there is not within the limits of said land, to his knowledge, any placer, cement, gravel, or other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners or otherwise; that no portion of said land is worked for mineral during any part of the year by any person or persons; that said land is essentially nonmineral land, and that his application therefor is not made for the purpose of fraudulently obtaining title to mineral land, but with the object of securing said land for agricultural purposes, and that his post-office address is I hereby certify that the foregoing affidavit was read to affiant in my presence before he signed his name thereto; that said affiant is to me personally known (or has been satisfactorily identified before me by -, and that I verily believe him to be a credible person and the person he represents himself to be, and that this affidavit was subscribed and sworn to before me at my office in within the -- land district, on this - day of --, 189-. NOTE.-The officer before whom the deposition is taken should call the attention of the witness to the following section of the Revised Statutes. and state to him that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law: REVISED STATUTES OF THE UNITED STATES. TITLE LXX.-CRIMES.-CHAP. 4. SEC. 5392. Ev-ery person who, laving taken an oath before a competent tribunal. officer. or person, in any case in whlich a law of the United States authorizes an oath to be administered. that lie will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall lbe punished by file of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. [See 1750.1 NOTICE FOR PUBLICATION (ISOLATED TRACT). [See page 5.] PUBLIC LAND SALE. Notice is hereby given that in pursuance of instructions from the Commissioner of the General Land Office, under authority vested in hini by section 2455, U. S. Rev. Stat., as amended by the act of Congress approved February 26, 1895, we will proceed to offer at public sale on the - day of -, next, at this office, the following tract of land, to wit: - Any and all persons claiming adversely the above-described lands are advised to file their claims in this office on or before the day above designated for the commencement of said sale, otherwise their rights will be forfeited. - -, Register., Receiver. (Date.) --- OSUU TITLE TO PUBLIC LANDS. FORMS FOR ASSIGNMENT OF SOLDIERS' CERTIFICATES RECERTIFIED TO OWNERS AND PURCHASERS UNDER ACT OF AUGUST 18, 1894. ISee page 31.] [Forml No. 1.] ASSIGNMENT BY FIRST OWN'ER UNDER RECERTIFICATION. For value received, I, - -, of --, il the -, and --, assignee of the original beneficiary to whom the foregoing and attached certificate was, upon the - day of —, 18-, issued by the Commissioner of the General Land Office under section 2306 of the Revised Statutes of the United States, and the same -- ---, to whom, as a bona fide purchaser and owner thereof such original certificate was, upon the - day of -, 189-, recertified by the Commissioner of the General Land Office under the act of Congrless of A ugust 18, 1891, and official circular of the General Land Office, dated October 16, 1894, do hereby sell and assign unto - -, of -- -, in the, and *, and to his heirs and assigns forever, the said certificate and the right of entry and location thereby secured, and authorize him to locate the said certificate and to enter lands therewith and to receive a patent for any land so located or entered. —. [L. s.] Attest: [Two witnesses.] [Form No. 2.] ACINOW(LEDGMENT OF FORM NO. 1. 88. On the -- day of -, 189-, before ime personally came, to me well non, and acknownledged the foregoing assignnlent to be his act.id deedl: and I certify that the said -- is the identical person to whom the within certificate was recertified upon the - day of -, 189-, and who executed tlle foregoing assignment thereof. And I further certify that the said certificate, at the timle of making the foregoing assignmient, was attached to said assignment and was presented by and was in the possession of him, the said -. [Form No. 3.].SSIGNMENT BY ASSIGNEE )F FIRST OWNER. For value received, I,, to whom the foregoing and attached certificate and right of entry and location thereby secured were assigned, do hereby sell and assign unto, of -, in the --- ad -, and to his heirs and assigns forever, the said certificate and riglht of entry and location, and authorize him to locate the said certificate and to enter lands therewith and to receive a patent for any lands so located or entered. [L. S.] Attest: [Forill No. 4.] ACKNOWLEDGMENT OF FORM NO. 3. I 88. On this - day of -, 189-, before me personally came --, to me well known, and acklnowledged the foregoing assignilent to be his act and deed; aind I certify that the said is the identical person to whom the foregoing and attached certificate and right of entry and location thereby secured were, on the TITLE TO PUBLIC LANDS. -- day of -, 189-, heretofore assigned. And I further certify tnat the said certificate, at the time of making the foregoing assignment, was attached to said assignZT) C) — ----— ~~ ""~ ment, and was presented by and in the possession of him, the said - Subsequent assignments may follow Form No. 3 above. FINAL CERTIFICATE FOR RESERVATION IN OKLAHOMA TOWN SITES (COMMUTED HOMESTEAD). [See page 57.] NO. - LAND OFFICE AT (Date) - -, 18-. It is hereby certified that, pursuant to the provisions of section 22 of the act of May 2, 1890 (26 Stat., 81), and the regulations thereunder --, of the town of - in - County, Oklahoma, has made application for patent for -, in the town site of, Oklahoma, reserved for public purposes in accordance with the approved plats of said town site, said application being accompanied by satisfactory proof of the organization of said municipality, and of his authority to make application for patent for said reservations. Now, therefore, be it known that on presentation of this certificate to the Commissioner of the General Land Office the said -- shall be entitled to a patent for the tract of land above described in trust for the municilpality of-, Oklaholma, said land to be maintained for the public purposes, as provided in the act herein referred to. -, Register. [4-072.] AFFIDAVIT TO BE FILED BEFORE CONTEST. U. S. LAND OFFICE, 189-. Personally appeared before nle, -. of the land office. --- of -- County, State of --, who upon his oath says: That he is well acquainted with the tract of land embraced in the homestead entry of -, No. -, made -, 18-, -- and knows the present condition of the same; also that the said - and this the said contestant is ready to prove at such time and place as may be named by the register and receiver for a hearing in said case; and he therefore asks to be allowed to prove said allegations, and that said homestead entry, No. -. may be declared canceled and forfeited to the United States-he, the said contestant, paying the expenses of such hearing. Sworn to and subscribed this day and year above written before, Register., Receiver. (Endorse.) Also appeared at the same time and place -- and -, who, being duly sworn, depose and say: That they are acquainted with the tract described in the within affidavit of -, and know from personal observation that the statements therein made are true. Sworn to and subscribed before e tlis - day of 189-. [4-345.] CONTEST NOTICE. DEPARTMENT OF THE INTERIOR, UNITED STATES LAND OFFICE, - —, 1IS-. A sufficient contest affidavit having been filed in this office by, contestant, against entry No. -, made --, 18-, for -, section township -, range -, by - - --, contestee, in which it-is alleged that: - said parties are hereby notified to appear, respond, and offer evidence touch TITLE TO PUBLIC LANDS. ing said allegation at 10 o'clock a. m. on -, 18-, before -- (and that final hearing will be held at - o'clock - m. on, 18-, before)' the register and receiver at the United States land office in The said contestant having, in a proper affidavit, filed -, 18-, set forth facts which show that, after ldue diligence, personal service of this notice can not be made, it is hereby ordered and directed that such notice be given by due and proper publication.' -- Registel'. R, Receiver. PI.OOF OF PERSONAL SERVICE., County of -, ss: --- -, being first duly sworn, on his oath says that he served the within notice by delivering a true copy thereof to each of the within-namled contestees at the following-namled times and places, to wit: (Sign.) Subscribed and sworn to before ime this d- day of ---, 18-. [Under act of May 14, 1898 —Alaska, page 113.] FORMS FOR DUE PROOFS AND VERIFICATION OF MAPS (OF RIGIT OF WAY FOR RAILROADS, TRAMWAYS, WAGON RlOADS, ETC. Form 1. I, —, secretary (or lpresident) of the - company, do hereby certify that the organization of said company has been colmpleted; that the company is fully authorized to proceed with construction according to the existing laws of the State (or Territory) of-; and that the copy of the articles of association (or incorporation) of the company filed in the Department of the Interior is a true and correct copy of the same. In witness whereof I have hereunto set my name and the corporate seal of the company. [SEAL OF COIMPANY.] of the Compalny. Form 2. STATE OF County of -, 88:,being duly sworn, says that he is the president of the -- company, and that the following is a true list of the officers of the sail colmpany, with the full name and official designation of each, to wit: (Here insert the full name and official designation of each officer.) [SEAL OF COMPANY.] President of Company. Sworn and subscribed to before me this -- day of -, 189-. [SEAL.] Notary Public. Form 3. STATE OF County of, 88: --, b uelg duly sworn, says lie is the chief engineer of (or is the person employed to make the survey by) the - company; that the survey of the said 'If the testimony is to be taken before the register and receiver, and not under rule 35, the words in ( ) parenthesis should lbe erased. 2 If personal service can be obtained, the register should erase the last paragraph before signing this notice. TITLE TO PUBLIC LANDS. 303 company's line of (railroad, tramway, or wagon road) descriled as follows: (here describe the line of route as required by paragraph 14), a length of -- miles, was made by hini (or under his direction) as chief engineer of (or as surveyor employed by) the company and under its authority, commencing on the - day of ----, 189-, and ending on the - day of -, 189-; that the survey of said land is accurately represented on this map and by the accompanying field notes; and that this proposed rightof way does not lie within 4 rods of the slore of any navigable waters, except as showL on this nmap. (In the case of a tramway or wagon road, add the following: The said line of road does not lie upon nor cross any road or trail in coimmon use for public travel except as shown on this map.) Sw-orn and subscribed to b1efore Inc this -- da of. 189-. [SEIAL.] ota r I', P blic. Form 4. 1,, do hereby certify that I am president of the - company; that. who subscribed the accompanying affidavit, is the chief engiineer of (or was employed to make tlme survey by) the said company; that the survey of the said (railroad, tramway, or wagon road), as accurately represented on this map and by the accompanying field notes, was made under authority of the company; that the company is duly authorized by its articles of incorporation to construct the said (railroad, tramway, or wagon road) upon the location shown upon this map; that the said survey as represented on this llap and by said field notes was adopted by resolution of its board of directors on the - day of -, 189-, as the definite location of the said (railroad, tramway, or wagon road) described as follows: (describe as in Form 3); that this proposed right of way does not lie within 4 rods of the shore of any navigable waters, except as shown on this mlap; and that this map has been prepared to be filed in order to obtain the benefits of sections 2 to 9, inclusive, of the act of Congres, approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes." ' I further certify that the said (railroad or tramway) is to be used as a common carrier bf freight and passengers. Presidle t of the - Comnpany. Attest: [SEAL 01' COMP'ANY.] ^S'ecrc tt ii. Form 5. STATE O()F, Conl 1!t of --, s: -, being duly sworu, says that he is the chief engineer of (or was employed to construct the railroad, tramway, or wagon road of) the company; that said (railroad, tramway, or wagon road) has been constructed under his.supervision, as follows: (describe as in paragraph 14) a total length of --- miles; that construction was commenced on the - day of -, 189-, and completed on the - day of -, 189-; that the constructed (railroad, tramway, or wagon road) conforms to the map and field notes which received the approval of the Secretary of the Interior on the -- day of -, 189-. Sworn and subscribed to before nie this - day of, 189-. [SEAL.] -, otary Public. Form 6. I, -- - do hereby certify that I am the president of the - company; that the (railroad, tramway, or wagon road) described as follows: (describe as in Form 5) was actually constructed as set forth in the accompanying affidavit of - - chief engineer (or the person employed by the company in the premises); that the location of the constructed (railroad, tramway, or wagon road) conThe last sentence to be omitted front applications for wagon-road right of way. 304 TITLE TO PUBLIC LANDS. forms to the map and field notes approved by the Secretary of the Interior on the -- day of ---, 189-; and that the company has in all things complied with the requirements of sections 2 to 9, inclusive, of the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes." P'resideut of the - Company. Attest: [SEAL OF COMPANY.] Secretary. Forns 7. STATE OF County of ss:, being duly sworn, says he is the chief engineer of (or is the person employed to make the survey by) the - -- company; that the survey of the tract described as follows: (here describe as required by paragraph 14) an area of acres, and no more, was made by him (or under his direction) as chief engineer of the company (or as surveyor employed by the company), and under its authority, commencing on the - day of -, 189-, and ending on the - day of, 189-; that the survey of the said tract is accurately represented on this plat and by the accompanying field notes; ' (that the company has occupied no other grounds for similar purposes upon public lands within the section of [5 or 10] miles, trom the - mile to the - mile, for which this selection is made); that in his belief, the said grounds are actually and to their entire extent required by the company for the necessary uses contemplated by the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and proviling for right of way for railroads in the District of Alaska, and for other purposes;" that the said tract does not lie within 4 rods of the shore of any navigable waters except as shown on this map, and that to the best of my knowledge and belief there is no settleiment or other claim along the shore of any navigable waters upon land within 80 rods of any point ef this tract except as shown on this map. Subscribed and sworn to before me this -- day of -, 189-. [SEAL.] LNotary IPublic. Form 8. I, -, do hereby certify that I am president of the col --- npy; that -, who subscribed the accompanying affidavit, is the chief engineer of (or was employed to make the survey by) the said company; that the survey of the tract described as follows: (here describe as in Form 7) an area of — acres, and no more, was made by him as chief engineer of (or as surveyor employed to make the survey by) the said company; that the said survey, as accurately represented on this map and by the accompanying field notes, was made under authority of the company; that the said survey, as represented on this map and by said field notes, was adopted by resolution of its board on the - day of -, 189-, as the definite location of said tract for (station, terminal, or junction grounds); (that the company has occupied no other grounds for similar purposes upon public lands within the section of [5 or 10] miles, from the - mile to the - mile, for which this selection is made); that, in his belief, the said grounds are actually and to their entire extent required by the company for the necessary uses contemplated by the act of Congress approved May 14, 1898, entitled "An act extending the homestead laws and providing for right of way for railroads in the District of Alaska, and for other purposes;" that the said tract does not lie within 4 rods of tile shore of any navigable waters except as shown Ion this map, and that, to the best of my knowledge and belief, there is no settlement or other claiIm along the shore of any navigable waters upon land within 80 rods of any point of this tract except as shown on this map. Iresident of the Colmpay. ATTEST: [SEAL OF COMPANY.] Secretary. I This clause is to be omitted in applications for terminal or junction grounds. INDEX. [Full-face numerals indicate pages on which copies of laws, or parts of laws, may be found.] A. Page. Abandoned military reservations, disposal of --—. --- —-.. 80-82,188,235,238 Abandonment: Contest for, against homesteader granted leave of absence -------—. 92 Of homestead claim for more than six months after entry (sec. 2297, Rev. Stat.) -...1...2.... -—.. 12,93,155 Of claim after removal of timber, construed --—.. --- —---------—.. - 35 Absence (leaves of)...- —. 16-18, 173, 187,236-237,264 Contest for abandonment where homesteader has been granted leave of absence.-..........- ---—. --- —----------------- ------ 92 Absentee Shawnee lands, Oklahoma. —... ---. —. 48, 51-52,229,239 Acquisition of agricultural public land, restriction on (act of August 30, 1890)... 5, 41,88-89, 226 Acts of Congress: March 3, 1857, sec. 5-Perjury in land cases, and lpunishment for-.. 162. 169 June 2.1858-Private land scrip. --- —------- 8 June 22.1874-Relief of settlers on railroad lands-..-.- - 7 0-71 January 12, 1877-Sale of saline lands..1......... 1., 163 February 27.1877-Board of equitable adjudication.- 135 March 3,1877 -Entry of public lands in States having no land offices -------------- 95 Desert-land entries -.. ---------—. —. 39-44. 164 Homestead proof; amending section 2291, Rev. Stat - 36. 85. 140-141. 165 June 3, 1878 -Cutting of timber on mineral lands in certain States and Territories-...... -.- —.-.............. 110.112-113 Timlber and stone lands..... 45-47, 165-167,231,255 Service of contest notices by publication.-......... 93 June 14, 1878 -Conversion of preemption filing into homestead entry..-.. ---- 16, 167 Timber-culture entry.......... 36-39, 167-169,221 January 28. 1879-Assignment and location of private land scrip —.. — 8,169 Maarch 3, 1879 -Amending section 2403, R. S., relative to deposits for surveys_ — 102, 170 Additional rights of homestead settlers within railroad limits ----.31-34, 171,183 Publication of notice of intention to make proof.-7.... 171,188 July 1, 1879 -Additional rights of homestead settlers within railroad limits in Missouri and Arkansas ---.... 31-34, 172,183 Relief of settlers on lands subject to grasshopper incursions.. 16-18, 173-174 May 14, 1880-Relinquishments, preference right of contestants, and homestead settlement.. -------...... 13,14.32.39, 44,91,174. 228 May 28,1880-Osage Indian trust and diminished-reserve lands 47-48, 174-176 June 4, 1880-Leaves of absence to settlers in Kansas and Nebraska because of crop failures in 1879 or 1880.-......._. 1. 176-177 June 8, 1880-Perfection of claims, where settlers become insane - 15, 177,264 June 9,1880-Officer before whom preemption and commutation homestead affidavits may be made -- ------------------- 178 June 15, 1880-Condoning timber trespass, attempted sa'e of homesteads, etc -.............- 4,6,26-27, 178-179 June 16, 1880-Repayment of certain fees, purchase money and commissions paid on void entries......... 19,105,106, 179-180 3073 - 20 305 INDEX. Acts of Congress-Continued. Page. January 13, 1881-Relief of certain settlers on restored railroad lands- 63, 180 March 3, 1881-Adding proviso, relative to climatic hindrances, to section 2297, Revised Statutes... 19,23, 155, 181 August 7, 1882-Deposits for surveys-.... 102, 159-160, 181 March 3, 1883-Certain fees allowed registers and receivers.-.. 140,181-182 May 17, 1884 (sec. 8)-Making Alaska a land district, etc.-..-...- 3, 182 July 4, 1884-Indian homesteads-....-........................ 34,183 July 5, 1884-Providing, generally, for disposal of abandoned military reservations- - ---..80. -... 80-82, 188 Mav 6. 1886-Additional homesteads under acts of March 3 and July 1. 1879-.-....-... —..- -.-...................... 33, 183 August 4, 1886-Registers' and receivers' fees and salaries-_ 140-141,183-184 March 3, 1887 -Registers' and receivers' fees and salaries-. 140-141,183-184 Reimbursement on account of failure of title in Kansas and Nebraska-..... 107-109.184-185 Adjustmentof railroad land grants and forfeitureof unearned lands- 64-70, 185-187, 240 October 12, 1888-Sale of township plats and maps of States and Territories....... 138 January 14, 1889-Chippewa Indian lands, Minnesota.. --- —--------- 48 March 2, 1889 -Withdrawal of lands from private entry; second homesteads: leaves of absence to settlers; price of. certain lands; additional homesteads, etc... --- —- 4.16-17, 20 27-29, 85,187-188,236 Great Sioux Indian Reservation...... 60-62, 189-201 (Secs. 12-15)-Muscogee or Creek and Seminole lands, Oklahoma - - 48, 51, 204-206, 207-20J May 2, 1890 (secs. 18-25)-Disposal of lands in Oklahoma - - -. 48-60, 209-213 May 26, 1890-Officers before whom affidavits and proofs may be made_ 10, 12. 15. 42, 95. 213, 242 June 20, 1890-Reservoir lands in Wisconsin and Minnesota. - -..- 63, 214 August 29, 1890-Amendatory of act of JIuno 22, 1874....71 August '30, 1890-Prohibiting one person from acquiring more than 320 acres of agricultural public land. ----. --- —--—.. --- —- 5, 41,88-89. 226 September 29, 1890-Forfeiting certain railroad grants. --- —--------- 75-8)0, 215-218. 219-220. 2:30, 246-247 September 30. 1890-Joint resolution extending time of payment for homesteads and preellmptions -.... 10. 25,264 October 1, 18!'.0 -Relief of settlers on Northern Pacific Railroad indemnity lands - 71-72, 219 Vacancy in office of register or receiver-... 86-87 February 13, 1891-Sac and Fox and Iowa lands, Oklahoma. - - - 48-51 February 18, 1891-Amendatory of act of September 29, 1890.-. 79, 219-220 February 28, 1891-Amending sections 2275 and 2276, R. S- - -. 150-151 March 3, 1891 -Absentee Shawnee, Pottawatomie and Cheyenne and Arapahoe Indian lands, Oklahoma.-.-. --- —- -—. —. --- —--------—. 48, 51-52 Relating to Crow Indian lands, Montana.... --- —--—. --- —---—. 20 Repealing timber-culture and preemption laws, amending desertland act, and sections 2288-2290 and 2301, Revised Statutes, etc_- 3-4,11, 19, 25, 36, 39-41, 47, 85, 88-89, 92, 93, 95, 109-112, 123-124, 129-135, 140-141, 220, 221-228, 232, 260 Amending section 8 of the foregoing act... --- —------—. ----. 70, 220 July 26, 1892-Heirs of deceased contestant...... 92, 228 August 4, 1892-Making the timber and stone law applicable to all public land States......... 45, 231, 255 March 3, 1893 -Kickapoo lands, Oklahoma....... 48-49, 228-229 Proof in timber-culture entries, and relief of purchasers of land under invalid soldiers' additional certificates 30, 36-37, 232 Cherokee Outlet, Tonkawa, and Pawnee lands.-... — 48, 52-53 October 20, 1893-Commutation of homesteads on certain lands in Oklahoma, and extension of time of payment to certain settlers -. --- 52-53, 229 December 12, 1893-Amendatory of act of September 2!), 1890 - --—.. 79,230 January 11,1894-Disqualification of register or receiver to hear aInd determine land cases..-.... -----------------—. — 94 July 18,1894-Amending section 23234, R. S., relative to mining claims- 232 INDEX. 307 Acts of Congress-Continued. Page. July 26,1894-Extension of time for proof and payment-,. —. —. -. 10-11, 14,40,93,94,230,264 August 4,1894-Extension of time for proof in desert-land cases 41,93,231 August 15, 1894 (sec.!))-Commutation of landsin Cherokee Outlet_ 53,234 August 18, 1894-Validation of soldiers'additional homestead certificates 30-31, 234,259 August 20,1894-Amending sections 2401 and 2403, Revised Statutes, relative to deposits for surveys --—... ---- ---—.. --- —-- 97-103,233-234 August 23,1894-Abandoned military reservations.. —. ---. - 81-82, 235,238 December 13,1894-Location and satisfaction of warrants and scrip___ 8,236 December 29,1894-Second homesteads in certain cases _.-. 20-21, 236 January 19,1895-For relief. on account of forest fires, of homestead settlers in Wisconsin, Minnesota, and Michigan ----—.. ---- 16,18, 25-26,236 January 21,1895-Right of w ay for tramroads, canals, or reservoirs_ 237,247 February 15, 1895-Extending provisions of act of August 23,1894, relative to abandoned military reservations.-.-.- --... 81,238 February 26,1895-Sale of iso ated tracts-..... ---. 5,238 March 2,1895 -Appointment of commissioners by chief justices of the United States courts in Territories...... 12. 15. i. 42, 239, 263 Extension of time of payment for ceded Indian lands in Oklahoma, North Dakota. South Dakota. Nebraska, Montana, and Idaho. _ -52,239 January 23,1896-Amending act of September 29,1890-. ----.. ---- 76 February 12,1896-Payment for certain railroad lands -------- 70. 240 February 26,1896-Extension of time for proof and payment on ceded Indian lands in South Dakota.- ---... - -.- - - 11 March 2, 1896-Suits to vacate patents erroneously issued to railroads, etc —. --- —-....-.. _. --- —---- -- ----------------. ---.. 7.,5,240-241 March 4,1896-Timber-culture proof.............................. - --- 38,242 April 14,1896-Lands occupied by settlers within indemnity limits of New Orleans Railroad.... - --------......... 71,242 May 28,1896-Providing for United States commissioners in pIlae of United States circuit court commissioners-...-.. 12.1. 38,42, 242-243,263 June 3,1896 -Commutation of homesteads.-... --- —. --- —.. --- —----- 25, 243-244 Northern Pacific indemnity lands-....- 2 72-73. 244-245 June 10.1896 —Extension of time for payment to homestead settlers on all ceded Indian lands.- -----------—. ---—. --- —---------. 11,53 January 1,, 1897- Greer County, Okla., lands... -—. 58-60, 245-246 February 18,1897-Amending act of September 29. 1990 -... --- —--- 79. 246 June 7, l1S9 —Extension of time for payment to settlers on all ceded Indian lands ----.._._.. ---. —. --- —- - --—. 11,53 June 23,1897-Additional legislation in regard to lands in Greer County, Okla...............- 58,247 April 11, 1898-Commutation of Kickapoo lands. Okla. —.-.- - 52 Ilay 11, 1898-Rights of way. ---.-. --- —--—. --- —. --- -. 247 May 14,1898-Lands in Alaska. ----...... - --- 3 3, 113-129,248-255 May 18,1898-Abolishing distinction between offered and unoffered lands,etc. --- --—.-. —.-. —....... 4,255 June 16, 1898-Relief of settlers who serve in Army, Navy, or Marine Corps in time of war -...-. —...-.2.. —..... ---, ----. --- — 22,94,256 July 1, 1898 -Extension of time for payment to settlers on all ceded Indian lands 11, 53 Conflicting claims within limits of Northern Pacific grant,,-.- 73-75, 256-258 March 1, 1899-Greer County, Okla., lands-........... —. —.. -—.. 58,258 March 3,1899-Payments required for Sioux Indian lands ---—.. --- —-- 62 Additional homesteads —. —.....-.. ----..... -27-34 Acts of March 3 and July 1, 1879, and May 6, 1886, granting additional rights to settlers within railroad limits ------------- 31-34,171, 172,183 Act of March 2, 1889, sections 5 and 6, providing for additional entries in certain cases-... --- —-- -... ----—. --- —-------- 27-29,188 Act of March 3, 1893. for relief of purchasers of land under invalid certificates of right... — - -..... --- 30,232 Act of August 18, 1894, validating certificates of right in hands of bona fide purchasers..... -. —... 30-31,234 Assignment of certificates under act of August 18, 1894............... 30-31 308 INDEX. Additional Homesteads-Continued. Page. FormsAffidavit (4-086).-.......-.......... ---... - —... —......-. 282 Affidavit (4-065), soldiers and sailors' additional.. 284 Application (4-018)......................... 282 Application (4-008), soldiers and sailors' add.tional -... --- —----- 284 Assignment of soldiers' additional certificates of right. -- -------- 300 Final certificate (sec. 2306, Rev. Stat.)............................ 285 Soldiers and sailors' additionalsUnder section 2306, Revised Statutes —.....-.-.-....-.. 29-31, 156,259 Rights of widow and minor orphan children under section 2307, Revised Statutes..2..... 9-31,156 Soldiers and sailors' additional entries on unsurveyed lands in Alaska- 114-115 Adjoining farm homesteads (sec. 2289, Rev. Stat.)............. 21,153,223 FormsOriginal affidavit (4-066). -.... 281 Final affidavit (4-067).....-....2... 281 Adjustment of railroad grants --- —--- 64-80, 185-187,240-241,242,256-258 Administrator: Applications for repayment.....-........ 106 Preemption proof by (sec. 2269, Rev. Stat. ).. —.. --- —- 149,264 Sale of homestead, under section 2292. Revised Statutes 15,154 Affidavit: Nonmineral (4-062) required in entries in certain States.5, 87, 99 Officers authorized to administer oaths in entries and proofsRegister and receiver (secs. 2246 and 2262, Rev. Stat.) _. 146, 147 Judge, or in his absence, clerk of court of record (act of March 3, 1877).-. --- —. — ----—. — ---------.-. --- —-- 165 Clerk of court in certain cases (act of June 9, 1880) -—.. --- —-- 178, 263 Commanding officer, where applicant is in military or naval service (sec. 2293, Rev. Stat.) --------------—. ----.. 12, 154 United States circuit court commissioners (until the office was abolished by act of May 28, 1896) and judges and clerks of court (act of May 26, 1890)... --- —-.. —. ---... ---. 10, 12,15, 42,95, 213, 242, 263 United States commissioners in Territories (act of March 2, 1895) — 12, 15, 38, 42, 239, 263 United States commissioners (act of May 28, 1896).-....-.....-. 12, 15, 38, 42, 242-243, 263 Of contest may be made before an officer authorized to administer oaths 91 Required in all entries under act of August 30, 1890 (4-102b) -.. 88, 89, 272 Agents and attorneys, regulations governing recognition of.... --- —-10 103-105 Agricultural college scrip: Instructions relative to location of -.......-.... 9 Locating fee, same as for land warrant (sec. 2238, Rev. Stat.) - - - -- - 144 Location in lieu of payment (sec. 2278, Rev. Stat.)......... 9-10, 24, 27, 151 Alaska: Act of May 17, 1884, section 8, creating a land district, providing for perfection of mineral claims, and that the general land laws shall not apply.. --- —-. ----...-.......... 3,182 Act of March 3, 1891, sections 11-15, relative to survey and entry of townsites --- -. —. - 3,129-135,224-226 Act of May 14, 1898, providing additional legislation.. — 3,113-129, 248-255 Section 1, homestead rights.. --. -. 114-115 Sections 2 to 9, rights of way. --- ----—..-..... --- —-. 115-122 Section 10, entries for trade, etc......-.. —. ---. ---. --- —--- 122-126 Section 11, timber on public lands-.....-... 126-128 Section 12, land districts. --- —. --- —----—.... --- —-—.... --- — 128 Section 13. mining rights-....... 128-129 Alienation: Assignee of preemptor before patent.... —.-... - -. -26t Attempted transfers of homesteads entered prior to date of act condoned by act of June 15, 1480, section 2, and claimants allowed to pay cash for land.......... --- 26-27,178-179 Homestead not salable before claimant is entitled to patent. --- —-—.-. 19 Settlers may transfer portions of their claims for certain public purposes (sec. 2288, Rev. Stat.)-..-.......... --- —-------- 19, 152,222 Amendments of applications and entries................................. - 90-91 Changes of entry...-......-............. -..-. -. - 135-137 INDEX. l'age Appeals.. — -. --- —-----. --- —- -------------- 96-97 From action of register and receiver -.... ---- ------—.., 80, 96-97,105, 149 From decisions of General Land Office (secs. 441 and 2273, R. S.) _ 97,143, 149 Al)plications: Applicant must give residence, occupation, and postoffice address -- --- 14,42 For land in Ohio, Indiana, and Illinois ------.... --- —-. --- —-.. — —.. 95-96 Simultaneous homestead - -. ---- 13 To contest entries during vacancy in local office —... --- —-----—. —.-. 87 To enter land covered by existing entry --..-............... — --—..... 92 To enter land during vacancy in local land office. ----. ---..... --- —-_ 87 To enter less than is allowed by law ----------- -.. -- —... ---... ---. — 27,34 To enter rejected. --- —-. — —... --- —---------. ----.. --- —--------. 96 Where homestead applicant does not appear at local office -- -—. --- 12,154 Assignee of preemptorbefore patent -. ----------------------—. --- —-. 264 Assignees in applications for repayment — -......... 106 Assignment of certificates of deposit...............................01,170-171 of desert-land entries.... -------—. ---_ -------------- A40, 41,44 of soldiers' certificates of right..........................30-31 of soldiers' additional homestead rights, uncertified - -.. 3 30 of warrants and scrip -....-.......-..9 9 Attesting officers, duties of.-.8........ 85-86 Attorneys and agents, regulations governing recognition of.... 103-105 B. Board of equitable adjudication: Object and powers of, defined by sections 2450-2457, R. S-..-.. 135, 160-161 Rules and regulations governing... --- —-—.... -..... 265-270 Bounty-land warrants, military. --- —0..2 6-10.24.27.136. 151, 160,236 C. Canal and ditch companies formed for the purpose of irrigation, right of way granted to (act of March 3, 1891, secs. 18-21)..-.,... -.-. 226-227 Cash: Entry, change of.....-........... 135-137 Entry, mode of proceeding t' make-.6..._._.__._____..._... 6 FormsApplication (4-001)............ 271 Certificate (4-189).... —... --- —. —.. --- ——...-.-...,...... 271 Receipt (4-131)........ 271 Payment, warrants and scrip in lieu of... — ----—...-6, 8,24,27, 151, 169 Certificates of right, soldiers and sailors' additional homestead -.... 30-31 232,234,259,300 Certified copies: Revised Statutes relating to (secs. 461,891, and 2469-2470).. ---143-144, 162 Rules and regulations governing the furnishing of -......... 137-138 Changes of entry (cash) and location. --- —-—.... ----... —. 135-137 Amendment of applications and entries...... —...... 90-91 Cherokee Outlet, Oklahoma.-.. —....... --------—. -. —... 48, 52-53,234 Cheyenne and Arapahoe lands, Oklahoma.. ----. ---.... ---- 48, 51-52,229,239 Chippewa lands, Minnesota -—..-....... ----..-...............-,48,245 Citizenship and naturalization --.... --- —.-......- 87 Climatic hindrances (act of March 3, 1881, amending sec. 2297, Rev. Stat.).. --- —---—. —. ----—. —. — -.-..19,23,155,181 Commissioner of the General Land Office: Duties of, under section 453, Revised Statutes.-.. ---................. 143 Authorized by section 2478, Revised Statutes, to make appropriate regulations to enforce land laws. ----. ----.-. ---.- —... 162 On board of equitable adjudication -..-... - ---—. 135, 160-161,265-270 Comnmutation: HomesteadAct of June 15, 1880, section 2.-....-.. --- —--—..-....-.- -. 26-27,179 Act of January 19, 1895, sections 2 and 3 ---—. —.........2... 25-26,236 Oklahoma lands....... --- ——..-..-..... —.-........... 50-58 Section 2301, Revised Statutes. --- —-..... 24-25, 155,223,243-244 INDEX. Commutation-Continued. Page. Military bounty land warrants and certain scrip in payment for lands-_ 6-10, 24,27, 151,160,236 Timber-culture entries, act of March 3, 1891, section 1 -.. ----. ---. --- 36,221 Timber trespassers, act of June 15, 1880, section 1.. ---..... —. 6, 178-179 Confirmation of suspended entriesBy board of equitable adjudication ------—.-.... 135, 160-161,265-2;0 Under act of March 3, 1891, section 7.. ----. --- —------ 89-90, 223 Under act of June 3, 1896........-.... 25,243 Conflicting claims to lands, due to simultaneous applications. —.... 1.3 Contests.. --- ------- - 91-94 Affidavit required in each case.. --- —--.. ---- —..-.-. ---. --- —-- - -. 91 Affidavits may be made before officers authorized to administer oaths - 91 Against any entry, location or selection may be instituted for any cause sufficient to affect its legality or validity... 91 Against desert-land entry for failure to fulfill requirements of law -- 40,44, 93 Against desert-land, homestead, preemption, or timber-culture entry not admissible after two years from date of final certificate........ 92 Against desert-land, homestead, or timber-culture entry for causes other than abandonment or failure to comply with law..... 93 Against entries for illegality or invalidity may be initiated at any time before patent.....-..- —. -—......... 93 Against heirs of deceased entrymen..-..... 92 Against homestead entry for abandonment. —.. -.. ---. --- —------- 93, 155 Where entryman has been granted leave of absence. —....-... 9. 92 Within statutory period to submit proof where entryman has earned a patent by five years' residence, etc..................... 94 Against homestead entry commuted for townsite purposes, Oklahoma - 56 Against homestead settlers who were soldiers in Spanish war..... 94, 256 Against timber and stone entry-. —.. --- ——. -----—.- -. 46 Against timber-culture entry for noncompliance with law.-.-.. 39,93, 169 Application to contestMust be filed in district office.-.... ---- -,-. --- —-------. --—..... 91 Presented during vacancy in local office.- -. --- ——. —... --- — -. 87 Case closed at district office. no additional evidence will be admitted except under certain conditions -. —...... --- —---------—.-..-. 92 FormsAffidavit of contest against homestead entry (4-072).........- 301 N otice of contest (4- 34 5 )....................................... 301 Heirs of deceased contestant may continue prosecution of contest (act of July 26, 1892)................... 92.228 Instructions relative to initiation of contests..... -.-..... 91-94 Preference right of successful contestant (act of May 14, 1880, sec. 2) - 39 44,91,174,228 Preference right not acquired if contest is not prosecuted in good faith- 94 Register's and receiver's fees for reducing testimony to writing (sec. 2238. Rev. Stat., and act of March 3, 1883, sec. 1)...140, 145, 181 Register's fee for notice to contestant of cancellation of contested entry (act of May 14,1880, sec. 2)-..... 140, 174,228 Registers and receivers disqualified to hear causes in certain cases (act of January 11, 1894).-....-.-....... — 94 Relinquishment filed pending contest.... -....- - -.. 93 Service of notice of hearing.... —.. --- 92-93 Speculative and collusive contests... 94 Contiguity of land, embraced in an entry..... 50.88 Conversion of preemption into homestead (act of.une 14,1878) 16.167, 187 Copies, certified -. —. —. —. -—. — —.-. —. --- 137-138. 143-144, 162 Creek (or Muscogee) lands, Oklahoma ---.. --- — -—.48. 51:204-206.207-209 Crops, destruction or failure of: Leaves of absence for-..-...... -....-...... ----. --- — 16-17,176-177,187 Secona homestead entry for..-..-. ----...-.. -. --- —.20-21,236 Crow Indian lands, Montana, second homesteads on. ---. ---.. 20 Cultivation: In grazing districts -----.............- -—. --- -.. --- 14 In case of death of homestead entryman... —. --- —.. --- -. --- —-. 15,21 INDEX. 311 D. Page. Death of homestead settler, heirs of (secs. 2291 and 2292, Rev. Stat.) _ 15, 92, 154 of preemptor, heirs of (sec. 2269, Rev. Stat.) -.-...-............ 149, 264 of contestant......-............................... 92,228 of entryman, contest against heirs- 92........... 92 second homestead entry by heirs, etc., act of June 3, 1896 —.... 72-73,244 timber-culture entryman, heirs of. --- —---—.. ---. ----..-.-. 38,168 Debt, homestead and timber-culture claims not liable for (sec. 2296, Rev. Stat., acts of June 14, 1878, sec. 4, and March 3, 1891, sec. 1). ----.. 19 39, 155, 169,221 Deposits for special surveys ---—. --- —---- 97-103, 159-160, 170, 181,233- 234 Deserted wife, rights of, under homestead laws ---------—. ----_., —... 12 Desert land.......-..... 39-44,164 Act of March 3, 1877, providing for sale of, in certain States and Territories........ 39-44,164 Act of March 3, 1891, section 2, amending preceding act —....-.. 39-40,221 Annual expenditure required. ---......- -—. —... --- —----—... —. 40 Assignment of entries. --- —------.. --- -—.. --- —---—.. —. - 40,41,44 Contests against --—...-. -.....-..-.. ---.... --- —. --- —. ---. - 40,44,93 Contests, preference right of successful contestant..... 44 Delinquent claimants, notice to..-................-... 44 DeclarationCharacter of.................4....1....- 4142 Corroboration by two reputable witnesses-......-.. --- ——.. 42 Map showing contemplated irrigation, required.-......-. 40 Entry, right of, restricted to residents of State or Territory.. 40 Entrymen and witnesses must state their places of residence, post-office addresses, etc.- -................. 42 Extension of time to make proof and payment (acts of July 26, 1894, sec. 1. and August 4, 1894)........ --- —-.... 40-41,93,230,231 FormsAffidavit required of assignees (4-074 a) ---..... --- ——.-. 296 Affidavit required of witness (4-074)............... 293 Declaration (4-274).... —.......................-. 291 Declaration, certificate as to filing of (4-199) ---—.. -... 294 Proof, annual, by claimant (4-074b)......... 296 Proof, annual, by witnesses (4-074c)........ 297 Proof, final, by claimant (4-372 a).294 Proof, final, by witnesses (4-373 a) ------— _........-...-..... 297 Receiver's final receipt (4-143). --- —-—. —.. —. ---........... 298 Register's final certificate (4-200)........... 298 Irrigation, requirements as to -—....- -.............. 43,164 Land subject to entry. --- —-.................... 39-40 Maximum quantity of land allowed to be entered and held by one person or association............................. 40-41 Notice of intention to make proof.....-..... 44 Notice to delinquent claimants.................... 44 Officers before whom affidavits, declarations, and proof may be made_ 42 PaymentsPrice of land............. 41 Required to be made when filing declaration.. - _ 42 Military bounty land warrants and scrip locations in payment for lands entered........8-9 ProofAnnual. nature of, required............ 40 Annual, penalty for failure to file.... ---. —. —...... —.. —.. 40 Annual, third-year requirements-.......... _..... 40 Final, requirements as to......-............ 41,4344 Final, notice of intention to be published -........... 44 Final, submitted on unsurveyed land............ 43 Period covered by departmental order to be excluded in computing time for reclamation and proof -........... 93 Qualifications requisite to make entry -.............-.-...- 40-42, 164 Relinquishment of, how treated -----... —............-......... 44 Right exhausted by entry -...... ----—.... 43 Survey of desert-land claims................... 43 Suspended final entries, confirmation of-.....,,..- 135, 160-161,223,265-270 INDEX. Devisee of hom estead claim - -.. -----—.......................... ---- 15,154 Diminished-reserve lands, Osage Indian trust and..-....... 4, 47-48, 151-152, 174-176, 227 District land offices: List of ----—. ---...-............-............270........ 270 States in which there are none. --- —... —.. --- —-----------—.. 95-96 Divorced wife, rights under homestead laws —... --- —--—. —.. —. ---.-. 12 Double-minimum excess, repayment of (act of June 16, 1880, sec. 2)_ 105,107, 179 Double-minimum lands, definition of (sec. 2357, Rev. Stat.).. —.. —. --- 4, 158 Duties of attesting officers.-. - -. -. ---- ---—... ---.. —. ----------—. 85-86 of register and receiver -....- - -—. ----.. 138-142, 144-146 E. Entry: Amendments of. ---.... — ---------------.-... --- —------. —. ----.. 90-91 Changes of (cash)..-....................-.... ----. —... ------ - 136 For less acreage than the law allows. --- —-----—. ---.- ---------—. 27, 34 Homestead or preemption, where claimant is appointed register or receiver (sec. 2287, Rev. Stat.)....... —.. 152 Joint, under sec. 2274, Revised Statutes.-. ----.. --- —------. --- —... 149 Minor who served fourteen days in Army or Navy during a war cal make homestead (sec. 2300, Rev. Stat.)............... —................. 155 Not allowed for lands in possession of Indian occupants --- —------- 88 Should not be allowed for land covered by existing entry... ---.. 92 Soldiers' and sailors' additional homestead not allowed for land in Oklahoma-...........-.........-......- -—.....-. --- 49-50 Soldiers' and sailors' additional homestead not allowed for land in Great Sioux Reservation... -................. 61 Suspended final and cash, confirmation of -. - -... 135,160-161,223,265-270 Equitable adjudication, board of....... 135, 160-161,265-270 "Erroneously allowed" entry, definition of..- —..- -.... 105 Executor: Application for repayment by —..-..-............. —... ----- 106 Proof by, of estate of deceased preemptor (sec. 2269, Rev. Stat.) - - 149,264 Sale of claim of deceased homesteader by (sec. 2292, Rev. Stat.) ---- 15, 154 Extension of tine: To make payment on homestead and preemption claims, joint resolution of September 30, 1890.-.......2.. 10-11,25,264 To make first payment on Absentee Shawnee, Pottawatomie, and Cheyenne and Arapahoe lands, Oklahoma, acts of October 20, 1893, and March 2, 1895. -.-.-.......-....,.... ----. 52,229,239 To make final proof and payment on homestead and desert-land claims, act of July 26, 1894, section 1..... --- —. —..... — ---,. 14,40,93,94,230 To make final payments on preemption entries, act of July 26, 1894, section 2. ---...- —........ — 10-11,230,264 To make final proof on desert-land entries, act August 4, 1894.- --- 41, 231 To make final proof on homesteads visited by forest fires in Wisconsin, Minnesota, and Michigan, act of January 19, 1895 ---------------- 18,236 To make proof and payment on homestead claims located on ceded Indian lands in South Dakota, act of February 26, 1896-.... 11 To make payment to settlers on all ceded Indian lands, acts of June 10, 1896, June 7, 1897, and July 1, 1898..-.-.-.-. ----... --- ——. —...- 11,53 F. False swearing.-.. -- -. ---.-.-. 12,45, 147, 162, 166, 169,213 Fees and comnissions: Certificates of deposit for surveys not receivable in payment of. --- — 101 Consolidated land district, fee allowed register for making transcript and for furnishing other record information (sec. 2239, Rev. Stat.).-. 145 Fee for declaratory statement- 9 Preemption (sec. 2238, Rev. Stat.).. —........ --- —-- 144,261 Soldier's or sailor's (secs. 2238 and 2309, Rev. Stat.).-..-. 22, 144, 157 Fee forFurnishing for taxation purposes lists of lands sold (act of March 3, 1883, sec. 2) -.... --- ——..-... —.............. -—.-.... -..- 182 Furnishing township plats and diagrams (act of March 3, 1883, sec. 2).....-........................... 140,181-182 INDEX. 313 Fees and Conmmissions-Continued. Page. Fee forLocating warrant or scrip (sec. 2238, Rev. Stat.)..-.........- 8,144-145 Notice of cancellation of a contested entry (acts of May 14, 1880, sec. 2, and July 26, 1892)...... __... 140, 174,228 Reducing testimony to writing, or for examination and approval of same if taken before other officers (sec. 2238, Rev. Stat., paragraphs 10, 11, and 12; acts of March 3, 1877, sec 1; June 3, 1878, sec. 3; March 3, 1883, sec. 1, and March 3, 1891, sec. 1)-......- 36. 85, 140-141, 145, 165, 181,221 FeeIn timber and stone entries, same as in mining cla;ms (act of June 3, 1878, sec. 3). -.......... 166 Not authorized for a plat or diagram of a section, or part of a section ----. —.......... 140 Of officers, other than registers and receivers, in entries and proofs (act of May 26,1890) -—..-. ---- 213-214 Prohibited, if not provided for by law (sec. 2242, Rev. Stat.) - - 141, 146 Register and receiver to administer oaths in land entries and sales without compensation (sec. 2246, Rev. Stat.)-..-.-..-.....-..- 146 Fees and commissionsIn homesteads, original entries, and final proof (sec. 2238, Rev. Stat. )... ---. ---. -----.. --- —-—. ----.... — 35, 144-145 In timber culture final proof, same as in homestead (act of March 3, 1891, sec. 1) --... --—. ---. —.... 36, 144.221 In certain States 50 per cent additional (sec. 2238, Rev. Stat.) - 3., 145 Not required in Indian homesteads --.. ---..1._..83.. ---.- 3-, 183 Not required on homestead entries made under the acts of March 3 and July 1, 1879-.-.... —...... ---- ----------—... --- 33, 172, 183 Filing of plats, notice of -.....-..-... --- ——................ --- —------. 87 Filings: Desert-land declaration --—. —. —. --- —--------—. ----. --- -----—..- 41-42 Homestead, soldiers' and sailors'.. --- ——. --- -—. --- —--------- 22-24, 156 Preemption declaratory statement... --- —--------------- -..... — - 148,261 Timber and stone, sworn statement.. ----. -------—. ---. ----. 45-46, 166 Final Proof: Claimant must state his residence and post-office address. --- ——..-.. 83 Desert land -—............. --- —---—. ----...... —. ---. --- —------- 40-44 Duties of officers other than registers and receivers, taking..-. --- —- 85-86 Duties of local officers acting on proof-,-... 86 Hom estead-.....- -........................ 14-15,24-26 Marriage of single woman who made homestead entry does not affect her right to make proof.. --- —--—. --- —. --- —. —. --- ——.. ---..... 12 Notice of intention to make proof -----—........ ---... 83-84 Officers before whom proof may be madeDesert land -... ----....-.... --- —-—.. --- —------------ 42 Homestead......... --- —-----—.... --- —. --- —. ----.. ---. --- —-- 14-15 Preemption..... ---- -.- - -.. ---... --- —-—... 263 Timber and stone,-..... ---. ---- - -.-.. 46 Timber culture ---- -.......-..-.-, 38 Preemption........... 262-263 Publication of notice of intention to make - -—. --- —-. ---—.. ---- 83-84 Should be made at time and place and before officer named in notice_ _. 85 Tim ber and stone ------...................................- -- -- -----. 46 Timber culture............. 36 Without payment not to be received by registers and receivers ----—. 86 Forest fires: Commutation of claims visited by —.-.................. ---...- 25-26,236 L eave of absence for. —............................................- 16,236 Forest reservations may be established by President (act of March 3,1891, sec. 24).-...... --- — --------------—.. --- —------—....... 228 Forfeited railroad lands ---.. -.-.-. —.-..-.. 75-80,215-218,230 Forms: Affidavit (4-102b) required in all entries since August 30, 1890. --- 272 Application to enter (act of January 13, 1881, relative to settlers within railroad lim its). --- —...-............. —. —.. —................... 63 Assignment of soldiers' and sailors' certificates of right -..-8 ---... --- 300 Cash application (4-001). —...... —............-..- -.....-...... 271 Cash certificate (4-189)....................2..................... 271 314 INDEX. Forms-Continued. Page. C ash receipt (4- 131) -........................................ ------- 271 ContestAffidavit of, against homestead entry (4-072)..-....-. 301 Notice of (4-345).......-. --- —. —. --- —--.. --- —----- ---—..- 301 Desert landAffidavit (4-074a) required of assignee of an entryman -.....-. 296 Affidavit (4-074) of witness...-..-..-... 293 Certificate of filing of declaration (4-199) -—. --- —-----... — 294 Declaration (4-274) --- —.... —. -—. --- —------—..- 291 Proof, annual (4-074b), testimony of claimant... --- —---—. ---. — 296 Proof, annual (4-074c), testimony of witnesses ---—. --- —---—.- 297 Proof, final (4-372a), deposition of app!icant. --- —... —.. —. 294 Proof, final (4-373a), deposition of witness.. --- — — 2.. --- —. ---- 997 Receiver's final receipt (4-143)......- -----.. 298 Register's final certificate (4-200) -.....-..... --- —--------—. —. 298 HomesteadAffidavit 4-063.........-...... - 275 Affidavit 4-065 (soldiers' and sailors')..- -. --- —---—.. —. 284 Affidavit 4-086 (additional entry).-........ 282 Affidavit 4-066 (adjoining farm) -....-........ -........._.....- 281 Affidavit 4-067 (adjoining farm, final) -.-..... —... —.. — 281 Affidavit 4-070 (final)........- —....... 278 Affidavit 4-102 ("nonsooner" required in Oklahoma) -. --- —---- 2 276 Affidavit 4-069 (required in entries commuted under sec. 2301, R. S 280 Affidavit 4-102a (required of applicants for reservoir lands, act of June 20, 1890). ------- 285 Affidavit 4-102c (required in commuted entries in Oklahoma)... 276 Application 4-007-.-.... — -.. 274 Application 4-018 (in additior.al (ntry) --.. --- —------ - 282 Application 4-015 (soldiers' and sailors'). —. ----—. --- —--------- 284 Application 4-008 (s ldiers' additional) --- —.2. 284 Certificate as to posting of notice of intention to make proof (4-227).... -.. — 277 Declaratory statement, soldiers' (4-.546), when filed in person...-. 283 Declaratory statement, soldiers' (4-545), when filed by agent --- —- 283 Notice of intention to make proof (4-348)........................ 276 Notice for publication (4-347) ----....... 277 Notice for publication (4-347) (consolidated notice) -------—. 277 Preemption homestead affidavit (4-071).....-... 281 Proof (4-369) -............... ----. —.........-.-. 278 Proof, five-year notice (4-343)... 285 Proof, seven (or eight) year notice (4-344). ----. —..- -—.... —.- 286 Receiver's receipt (4-137). ----.. ----... --- —----—.. ---- -..-. 275 Receiver's receipt (4-140), final --- —............... 280 Receiver's receipt (4-140a), for purchase money, paid in installments...... 280 Register's final certificate (4-11 6).............-...- 280 Register's final certificate (4-197), soldier's additional ---------- 285 Nonmineral affidavit (4-062)....... 299 Notice for publication (sale of isolated tract)...... ---. 299 Oklahoma town sites, final certificate for reservations.. —......... 301 PreemptionAffidavit (4-061) ----.... ------ ---—. - - 273 Declaratory statement (4-534), for offered lands.-.. --- - ----—.- 272 Declaratory statement (4-535), for unoffered lands --------—.. --- 272 Homestead affidavit (4-071) ------—. ----------- - 281 Proof (4-374)....... 273 Receipt and certificate (4-536).............. 272 Relinquishment required of applicants for repayment under act of March3,1887-.-...-... 109 Relinquishment of warrant or location.................. 9 Rights of way in Alaska, proof and verification of maps....... 302-304 Timber and stoneProof (4-371), testimony of witness..............................- 291 Sworn statement (4-537).-......... --- —--------......-...... —. 290 INDEX. 315 Formls-Continued. Page. Timber cultureAffidavit (4-073a), in commutation (sec. 1, act of March 3, 1891). 289 Proof (4-385). testimony of claimant and final affidavit - - -- 286-287 Proof (4-386), testimony of witness -..... ----.. ---- -. 288 Receiver's receipt (4-148), final ----------------------—... --- — 289 Register's final certificate (4-217) -.........-.... ---... —. --- 290 G. General rules applicable to different classes of entries ----------—........ 83-88 Grasshopper incursions, leaves of absence for. --- —-.. ---- 1-..... 16-18, 173 Grazing districts, cultivation in..................-............ 14 Greer County, Oklahoma................... -. 58-60,245,247,258 GuardianOf infant children of deceased homesteader, sale of homestead by (sec. 2292, Rev. Stat. )................................ 15, 154 Of insane settler.........-.. 15,92,177,264 Of minor orphan children of soldier or sailor......-..... 29, 156 Hearing: Disqualification of register or receiver................................ 94 To be ordered in case of protest against timber and stone proof...- 46 Service of notice of. --- —..-.... --------------------------—.......... 93 Heirs: In applications for repayment.-.-. --- ——. --- ——. --- —-----------. 106 Of deceased contestant -—...... — - - -----—,. --- —-------—. -- 92,228 Of deceased entryman in case of contest-. ---. --- —-----------—. ----. 92 Of deceased homesteader. ----......... 15, 92, 154,236-237 Of deceased Indian homesteader... - —.-...3 --- —------------- 3, 183 Of deceased preemptor (sec. 2269. Rev. Stat.).....-.. 149,264 Of deceased timber-culture entrvman -----—. --- — 38, 168 Second homestead entry by, act of June 3,1896 --..... ---—... — 72 -7,3,244 Homestead: Abandonment for more than six months (sec. 2297, Rev. Stat.). -- 12,93. 155 Abandonment after removal of timber...-......... 35 Additional, by settlers within railroad limits ---—.. —. 31-34, 171, 172, 183 Additional, act of March 2,1889, sees. 5 and 6 -....... --- —. ----... 27-29 188 Additional, soldier's and sailor's, under sec. 2306. R. S --- — 29-31,49-50.61,156 Additional, soldier's and sailor's, rights of widow and minor orphan children (sec. 2307, Rev. Stat. )...-...................... 29-31, 156 Additional, soldier's certificates of right.....-....... 30-31.232,234 Additional, soldier's and sailor's. allowed on unsurveyed land in Alaska 114-115 Adjoining farm. under section 2289, Revised Statutes- -—,-. ---. 21, 153,223 Affidavit required under section 2290, R. S., character of..-.. -. 13, 153,223 Affidavit required of settlers who do not appear at district office- 12, 154,213 Affidavit required where applicant is serving in military or naval service (sec. 2293).......-......... 154 Alaska. regulations concerning entries in........ —... --- 114-115 Alienation allowed for certain public purposes (sec. 2288, Rev. Stat.) 19, 152 Alienation, homestead not salable before claimant is entitled to patent - 19 Amendments of applicationsand entries.... ---. 90-91 Applicant must give residence, occupation, and post-office address.- - - 14 ApplicationFor a homestead..................._..... 13 To enter, rejected-. --- —. —...- -........ —. ---.. --- ——.. --- — 96 To enter land covered by existing entry. —.....-, —..... 92 Applications (simultaneous) to enter same tract....-. 13 Claimant appointed register or receiver (sec. 2287, Rev. Stat.).. --- —- 152 Climatic hindrances, residence not established within six months._ 19, 23, 155, 181 CommutationUnder section 2301, Revised Statutes....-. --- 24-25, 155,223,243-244 Under act of June 15, 1880, section 2........... ---. --- —..- 26-27, 179 Under act of January 19, 1895, sections 2 and 3. --- —-------- 25-26,236 Of Oklahoma lands -.-......... —.....-. --- —.....-......., —... 50-60 Contest against-...-............-... —.- -..-... 92,93,94 Cultivation in grazing districts -..... -----—... —. —...-.. --- —— _.. 14 316 INDEX. Homestead-Continued. Page. Debt, lands not liable to, prior to patent (sec. 2296, Rev. Stat.)., 19, 155 Declaratory statement, soldier's and sailor's ------------ --—. --- 22-24,156 Descent of vested right under sections 2291 and 2292, Rev. Stat -- 15, 92, 154 Deserted or divorced wife --.... --- ——..... --- -------—. ----. ---. --- 12 Devisee, under section 2291, Revised Statutes --- —------------------ 15,154 Election to enter less than allowed by law - -. —., ---4 --- —---------- 27, 34 Extensions of time to make proof and payment........ 10-11. 14,18, 25, 52, 53, 94, 229, 230, 236,239 Fees and commissions (sec. 2238, Rev. Stat.) --- —----—. — 22, 35, 144, 157 FormsAffidavit 4-063 (original entry)...... 275 Affidavit 4-065 (soldier's, original entry) -------— _ --- —-----. —. 284 Affidavit 4-086 (additional entry).. ----..... ----. --- —-----—. — 281 Affidavit 4-071 (preemption homestead entry)..- -.. --- 281 Affidavit 4-066 (adjoining farm).-... --- -----—. -—.... ---. 281 Affidavit 4-067 (adjoining farm, final) —. ---—. —. --- —--—. - 281 Affidavit 4-070 (final)...-................ 278 Affidavit 4-102 ("nonsooner" required in Oklahoma) ----—.. ---- 276 Affidavit 4-069 (required in entries commuted under sec. 2301, R. S. ) 280 Affidavit 4-102a (required of applicants for reservoir,and, act of June 20, 1890) -------—. --- —--------—. 285 Affidavit 4-102c (required in commuted entries in Oklahoma) - - - 276 Application (4-007) --- ---—.. ----.. — --—. --- —-------—. 274 Application (4-018), in additional entry..... — 282 Application (4-015), soldiers and sailors' _....._.. 284 Application (4-008), soldier's additional, -284 Certificate of posting of notice of intention to make proof (4-227) 277 Declaratory statement, soldier's (4-546), when filed in person.-. 283 Declaratory statement, soldier's (4-545), when filed by agent.- 283 Notice of intention to make proof (4-348).. -- ------—... --- 276 Notice for publication (4-347)... ---- —.. — -- 277 Notice for publication (4-347) (consolidated notice). --- —---... 277 Proof (4-369).. --- —--------—.. —. —. --- —----—. 278 Proof, five-year notice (4-343)..... 285 Proof, seven (or eight) year notice (4-344), --- —. —. ----...... 286 Receiver's receipt (4-137) —.. --- —--—, --—. --- —-—.. 275 Receiver's receipt (4-140), final............. 280 Receiver's receipt (4-140a), for purchase moneypaid in installments 280 Register's final certificate (4-196)..... 280 Register's final certificate (4-197), soldier's additional. ---. --- —-- 285 Heirs of deceased homesteader. — -,. -----—.-. --- —--- 15, 72-73, 92, 154 Indian -—... ----.. ---.-. --- —-----------—.-. — -- —.. 34, 183 Insane claimant. — ------------ -- -------------------- 15, 177 Joint entry (sec. 2274, Rev. Stat.) ----—. ----..-. ---.. --- —-—. 149 Lands subject to entry...... --- —-------—... - 11,153 Leaves of absence —. --- —---—. --- —----------. 16-18, 173,187,236-237 Contest against entry where leave of absence has been granted —.. 92 MarriageOf single woman who made entry --—..-................ --- — ---- 12,33 Of two parties, each having an unperfected homestead entry.. --- 12 Mineral lands not subject to (sec. 2302, Rev. Stat. ). -......- 156 Minor who served fourteen days in Army or Navy during a war (sec. 2300 Rev. Stat.)...-................................. 155 Minor orphan childrenOf soldier or sailor..... -................ - ---- 24, 29, 156 Sale of claim in case of death of both parents (sec. 2292, R. S.) 15, 92, 154 Notice, five, seven, and eight years-... --- --. --- —-. ---- - 34 Officers before whom affidavits and proof may be made................ 14,15 Oklahoma lands. —........-.. —.. -—..... ----—... ---.. ---—.. -.. 48-60 ProofCommutation, instructions regarding............................ 24-26 Climatic reasons preventing establishment of residence within six months...-.... 19 Credit for military service -................. 22,156 Cultivation in grazing districts-. -.-. — -.... --- —.- - 14 Devisees............................... 15 Duties of attesting officers...........-....- -. --- —------------ -. 85-86 INDEX. 317 Homestead-Continued. Page. Proof-Continued. Extension of time to make final............................. 14,94,230 Final, instructions regarding. 14-15 Heirs, compliance with law required of......-. - ---- 15 Insane claimant, perfecting title to claim... ------—. --- —-—. --- 15 Marriage of single woman does not affect right to make --—. ---..- 12 Must be made by claimant or his statutory successor ---—. —.-.- 15 Notice of intention to make -..... -. --- —-. —. --- — 14,83, 171 Publication of notice of intention to make.. --- —.................. 14,84, 171 Required on adjoining farm entry. --- —----—... --- —-.. --- —.. — 21 Required on additional entries -.-..... —. --- —.-.. --------—. ---. 27-34 Should be made at time and place and before officer named in notice - 85 Widow of deceased entryman-.....-............-..... 15 Preemption, conversion into homestead....................... 16, 167,187 Qualifications to make entry................. -.......-. -. 11 Register or receiver, claimant appointed (sec. 2287, Rev. Stat.) ----—. 152 Relinquishments of claims.-................... --- —---------- —.. 91,174 Reservoir lands....-....-..-....- 63,214 ResidenceAbsence from the land for more than six months..-,-. 12, 93, 155 Beyond five years not required ----.-...-.....-. 94 By widow, heirs or devisee, not absolutely required. —.. -..-..-. 15,24 Credit for military service.-..-. ----... --- —---—. 22,94, 156,256 Re(luirements under homestead laws-... --- ——.. --- — -.. 14, 24-26 Settlers who were in Spanish war --—. ----. --- —-—.... -22, 94, 256 Within six months prevented by climatic reasons-. -. --- 19,23, 155,181 Revised Statutes relating to homesteads (secs. 2289-2312) -....-... 153-158 Sale of claimBefore claimant is entitled to patent —...-.-................ 19 For benefit of infant children ---—. --- —----------—.-.... i.._ 15, 154 Saline lands not subject to... --- -—.. ----. --- —---—..-....... 82 Second entries. — 19-21 Acts of March 3 and July 1. 1879.... —...............-. 31-32, 171,172 Act of March 2, 1889, section 2.................................. 20,187 Act of September 29, 1890. section 2...-.... —....-........-. 20, 75, 215 Act of March 2, 1889, section 13 (Oklahoma lands). —.... 20,49,205 Act of February 13, 1891, section 7 (Sac and Fox and Iowa lands, Oklahoma)....-...... —.... —....... —.... ----. 20,49 Act of March 3, 1891 (Crow Indian lands, Montana) ----------—. 20 Act of March 3, 1893, section 3 (Kickapoo, Oklahoma) ------- 20,49,228 Act of December 29, 1894...., --- —--...... --- —----- 20-21,236 Act of June 3, 1896. -..-.............-... 72-73,244 Settlers on unsurveyed landAct of May 14, 1880, section 3 --—... --- ---.......... --- - 13,174 School sections (sec. 2275, Rev. Stat.). --- —---------------------- 150 Settlers who were soldiers in Spanish war.. --- ——.-. --- —. ---. - 22,94,256 Simultaneous applications. --- —-----------------------—.. 13 Sioux Indian lands............................ 60-62, 189-201,201-204 Soldiers and sailors' declaratory statements. —. --- --- --. — 22-24, 156 Stockbridge Munsee Indians —.... --- —. --- —-. ---. —.... 157 Suspended final and cash entries, confirmation of - - 135,160-161,223,265-270 Widow, rights of............-..... --- —-- 15,29-31, 154, 156 Homestead right, restoration of. ---......... 19-21 I. Illegal entrance upon lands in Oklahoma ----—. --- —.................. 50 Illinois, entry of vacant public lands in.. 3,95 I ndeniity lands, settlers on Northern Pacific Railroad..-.. --- —------ 71-75 Indian homesteads.... --- — -----—.... ---.. 34,183 Indian lands, disposal of, under special statutes.-....... 47-62 Indian occupants, no entries allowed for lands in possession of —.. 88 Indiana, entry of vacant public lands in.-......-..... 3,95 Information regarding vacant public lands to be obtained from district land offices, a list of which appears on page 270 ---------- 3 Insane settlers. --- —-—..-. --- —.. ---... -----—. --- —- 15, 92, 177,264 Iowa Indian lands, Oklahoma.-.-.......-........,. 48-51 INDEX. Irriation — Page. Of desert land -—.......-. ----. --- —----.-..- --. --- —---- - 43,164 Right of way to companies for (act of Mar. 3, 1891, secs. 18-21).... 226-227 Isolated tracts: Instructions and law providing for public sale (sec. 2455, R. S.) 5, 161,238 Form of notice for publication -....-.......... 299 J. Joint entry under section 2274, Revised Statutes. --- —. 1.49 Justice, seats of, grants for (sec. 2286, Rev. Stat.). --- —-. --- —-.... ---- 152 K. Kickapoo lands, Oklahoma.. --- —----—. ---. --- —--—. --- —..... 48-49,52,228 L. Land districts (with office established in each for disposal of public lands), States and Territories having.......- 3........... 3 Land officesList of district. --—. — ------------------. ---. --- —--------..-........ 270 States having none-....... --- —-—... ----. -...3.. 3,95-96 Land warrants, military bounty._ _ --- —--------- 6-10,24,27, 136.151,160,236 Leaves of absence --- —---......... --- — 16-18,173,187,236-237,264 Contest against homesteader who has been granted leave of absence -.. 92.1I. Maps (photolithographic) of States and Territories. sale of..- ----—... —. 138 Marriage of womlanWho made homestead entry....._......... 12 Right to make additional under acts of March 1 and July 1. 179. --- — 33 Marriage of two parties, each having an unlerfectel hlomestead entry -.. 12 Married vwoman may make timber and stone entry in some States -.. 45 Military bounty land wnarrlants: Change of location.- --...-.-. —.............................. 136 Fees for locating (sec. 22'^8. Rev. Stat.) ------------------—.. -—. 7,8, 144 Form of relinquishment of -------—. --- —-—......-.. --- —------ 9 Location and satisfaction ol (sees. 2414-2415 and 2437, Rev. Stat., and act of December 13, 18:-,1).......... 6-10, 160,236 Location of, in lieu of payment-...... 6-10, 24, 27, 151, 160, 236 Not issued for military service in late civil war........ 8 Military reservations, disposal of abandoned.-.-.. — 80-82, 188,235,238 Mining claims: Act of July 18, 1894, amending section 232-, Revised Statutes, relative to_ 232 In Alaska....... 128-129 Laws and instructions relative to, form the subject of a separate circular.-..... 142 Minimum lands, definition of (sec. 2357, Rev. Stat.) -..-.-........... — 4 Minor childrenOf deceased homesteader. —... ---. --- —...-...... 15, 92, 154 Of deceased soldier or sailor.................. 24, 29, 156 Minor who served fourteen days in Army or Navy during a war (sec. 2300, Rev. Stat.)-... -......... 155 Muscogee lands, Oklahoma.......-............... 48, 51,204-206,207-209 N. Naturalization and citizenship............................-......... 87 Nonmineral character of land, affidavit as to. --- —--—. —......-.-, 5,87,299 "Non sooner," affidavit (form 4-102)..-.- ------—...-............... 50, 276 " Non townsite" affidavit required in Oklahoma entries ---—...-........ 51,276 Northern Pacific Railroad indemnity lands, settlers on...... —.... 71-75 Notice of filing of plats....... -........... 87 Of hearing in case of contest ---—... --- —-. —. —...-. 92-93 Of intention to make proof, publication of.-.. —.. ----... —... —. — 83-84 Of official action, service of. --- —.-.. -—. ------—.. ---—. ---- 83,96-97,139 To delinquent desert land claimants --- ---—...-...-......... ----—. 44 To delinquent homestead claimants................. 34 INDEX. 319 0. Page. Offered lands, distinction between, and unoffered lands abolished -... 255 Officers authorized to administer oaths in preliminary affidavits and proof: Registers and receivers, sections 2246 and 2262, Revised Statutes_ _ 146,147 Commanding officer, where applicant is in military or naval service (sec. 2293, Rev. Stat.).. ----.- ---------—.. -.. ----. —..... — 12, 154 Judge, or in his absence before clerk of court of record in final homestead proof. act of M arch 3, 1877.................................... 165 Clerk of court, in certain cases, act of June 9, 1880 —.... —.-. 178,263 United States Circuit Court Commissioner (until the office was abolished by act of May 28, 1896) and judges and clerks of court, under act of May 26, 1890-.- -..-................. 10,12,.15. 42,95,213,242.263 United States CommissionersIn Territories, act of March 2, 1895......... --- 12. 15, 38, 42, 239, 263 Act of May 28, 1896-......... 12, 15, 38, 4. 242-243,263 Timber-culture claimant, testimony of, act of March 3, 1896..-..... 38, 242 In affidavits of contest before an officer authorized to administer oaths- 91 Ohio, disposed of lands in.- ------—..., --- —------------—... --- —---- 3, 95 Oklahoma ---..... --- ---—.. --- —--------------—...-. 48-60 Absentee Shawnee, Pottawatoinie, and Cheyenne and Arapahoe lands - 48, 51-52,229,239 Act of May 2, 1890. sections 18-25, applicable to all lands in Territory-_ 48, 50. 51, 53,54-58,209-213 Affidavit, homestead, amendment of, necessary -......... 48 Cherokee, Tonkawa, and Pawnee lands. ----..... 48. 52-53. 234 Citizenship, entryman required to be a citizen at tim? of submitting proof-.......i......... --- —- 51 Commutation of homestead for town-site purposes -..... _.. 54-58 Contest against homestead commuted for town-site purposes -.-.. 56 Completion of title-.-.-..- —............. 50-53 Contiguous land. entries required to embrace.- - - - -......_. 50 Entries, general homestead laws and rules govern with exceptions.. 48 Extension of time for payment. ----2..... ---..-. 2:. 229. 239 FormnsAffidavit. "non sooner" (4-102)26....-.... -.. -. ----. 269 Affidavit required in commuted entries ( —102') --—........ ---- 51, 276 Greer county lainds -—...5.... )8-60. 245. 247.258 Illegal entrance upon binds I( soonerisni ") -...-... — --—.-.-. —_. -50 Instructions in regaird to allowance of entries --- —----- 4 -... 48-50 Kickapoo lands.-............._... —.............. 48-9,52, 228 Muscogee or Creek and Seminole lands. ---—.. -., 51. 204-206,207-209 Owner of 160 acres not entit'ed to make entryl-..... 48 Proclamation of President in regard to Muscogee or Creek and Seminole lands --...... — - - - - - - - - - ---------—........-.........- - - --. 207-209 Public land strip......... --- —.48.50,53,211-212,229 Reservation between each section of land. for highways.-. --- — 51,212 Sac and Fox and Iowa lands.......... 48, 51 Second entries.. — -----. —.. --- —-.. ----. —. --- —-_...-.. — 20, 48-49 Seminole lands-__..._.-.-... 48,51,204-209 Soldiers' and sailors' rights-. ---.............- 49-50 " Soonerism"-.............. 50 Town sites, commutation of homesteads for..... —....... 54-58 Osage Indian trust and diminished reserve lands: Laws and rules governing disposal of... -. 47-48, 151-152, 174-176 Not affected by laws prohibiting private entry -.-....... 4. 4 Second entries, confirmed in certain cases by act of March 3. 1891. section 23-.-..... —...... --- ——. —.. —....... 227 P. Partial waiver of homestead right...._..__._. ___...._..... 27,34 Patents: Certified copies of........-1....... 137-138, 143-144,162 Correction of- -.... -..... --- —-------------—.. 136-137 Issue, record, and delivery of ------—. --- —-. ---.-. —.-.- 94-95 Reservation proviso in, for all lands west of one hundredth meridian - 88 Suits to vacate and annul, erroneously issued to railroads -... ---_ —. 64-67, 70, 95,185,220,224,240 Pawnee lands, Oklahoma. ---, —. —..... ---. ------....... 48, 52-53,234 320 INDEX. Paymen t: Page. Certificates of deposits for surveys may be used by settlers in payment for land... ---. —... --- —---- --—. - -- -.-... --- 100 Certificates of deposits for surveys not receivable in payment of fees and commissions. --- —----—. --- —-—..- ------—. —.... —....,..- 101 Extensions of time to makeAct of October 20, 1893, section 1, for certain ceded Indian lands in Oklahoma --—.. --- —---—. --- —.... -------—.. ---—. --- —--- 52,229 Act of July 26, 1894, final proof and payment for homesteads and desert lands, and final payments for preemption.......- 10-11,230,264 Act of August 4,1894, payment for desert lands --------—.. ---- 41,231 Act of March 2,1895, payment for certain ceded Indian lands in Oklahoma, and for all ceded Indian reservations in North and South Dakota, Nebraska, Montana, and Idaho.-...... 52, 239 Joint resolution of September 30, 1890, payment for homesteads and preemptions.-. --- —...... -..... ---- 10, 25, 264 FormsCash receipt (4-131) -....-.. — --.. --- ----- —......-....... ----. 271 Desert land receipt (4-143), final...... - -—. —. —. —. --- —.. ---. 298 Homestead receipt (4-137) ----—....-... --- -, ---. --- ——. ---2. 275 Homestead receipt (4-140), final -.. -. -. 280 Homestead receipt (4-140a), for purchase money paid in installments.-... ---...-. -..... 280 Preemption receipt (4 —536) -.......-.......-..... — -2.... 7 272 Timber-culture receipt (4-148), final.. ---... --- —-----—... — 289 In timber and stone entries must le made at time of proof -.... 46 Land warrants and scrip issued under act of June 2, 1858, supreme court and agricultural college scrip. may be located in lieu of payment for lands in preemptions and commuted homesteads_ (, 8,10-11,24.27, 151,169 Land warrants and scrip issued under act of June 2,1858, maybe located in lieu of payment for desert, timber and stone, and timber-cu lture lands, and for lands sold at public auction, with exception cited (act of December 13, 1894).-...,................. 8, 236 Perjury: Act of March 3, 1857, section 5, defining the crime in land cases, and providingpenalty for....... -....... 162 Act of June 3, 1878, section 2 (provision for penalty and forfeiture of purchase money for perjury in timber and stone entries)... - -. 45, 166 Act of June 14, 1878, section 6, oaths, etc., in timber-culture claims. 169 Act of May 26, 1890 (provision for punishment of perjury in oaths Ina(le before officers authorized thereunder to administer such)..... 213 Section 2262, Revised Statutes (forfeiture of purchase money by preemptor for false swearing)-. —.... ----........ 147 Section 5392, Revised Statutes, defining and providing penalty for... 162 False oath taken before other officer than register or receiver..- -.. 12 Plats: Notice of filing of............... 87 Photolithographic township, sale of, under act of October 12, 1888... 138 Plats and diagrams, fees for furnishing township (act of March 3, 1883, section 2)-.... 140, 181-182 Pottawatomie lands, Oklahoma. --- —------ ----------—. 48,51-52,229,239 Preemption: Abandonment after removal of timber................. 35 Absence in military or naval service (sec. 2268, Rev. Stat.).._... 148 Act of March 3, 1891, section 4, repealing laws, etc........... 10, 222,260 Administrator, proof by (sec. 2'2(19, Rev. Stat. )..,-. 149,264 Alienation of portion of claim for certain public purposes (sec. 2288, Rev. Stat.)-... 152 Amendment of filing and entry. -............ (0-91,135-137 Assignee of preemptor before patent (sec. 2262, Rev. Stat.) --—. -.. — 264 Changes of entry. --—... —. —. --- —--—.. —. 136 Contest against. --—. —.. --- —-----—. -..-..... 92 Conversion of, into homestead entry............-. 16,167,187 Death of preemptor, who may submit proof (sec. 2269, Rev. Stat.) - - 149,264 Declaratory statement, filing of (sec. 2265, Rev. Stat.)... 148,261 Executor, proof by (sec. 2269, Rev. Stat.) -. —. —...- - 149,264 Extension of time for proof and payment-....-... ---. 10-11,230,264 FormsAffidavit (4-061) required under section 2262, Revised Statutes. -., 273 INDEX. 321 Preemption-Continued. Page. Forms-Continued. Declaratory statement (4-534) for offered lands. ---.. --- —-. --- — 272 Declaratory statement (4-535) for unoffered lands —.-..-. --- —-. 2 272 Preemption homestead affidavit (4-071) -... 2.. -.... 281 Proof (4-374)... —. ----..... — ----—. --- —.. ------—. --- —. 273 Receipt and certificate (4-536)..-..-... -.. 272 Fees and commissions (sec. 2238, Rev. Stat.)......-. 144,261 Heir, proof by (sec. 2269, Rev. Stat.-) ----.. — ------------—. 149,264 Insane settler, perfection of claim of -...... 177,264 Joint entry under section 2274, Revised Statutes. --- —----—... ---- 149 Leaves of absence..... -..-. -. -- 16-18, 173, 187,264 Officers before whom affidavits and proof may be made ------—... - - 263 Osage Indian trust and diminished reserve lands, Kansas........ 47-48, 151-152,174-176 Payment, extension of time for.......- -.. 10-11,230,264 Payment with warrants and certain scrip...... —. 6 8, 151, 169 Price of land to preemnptors ------ - ------------. --- —-. ----. --- — 264 Proof, requirements as to. --- —---- -. ------------—. —. --- —------ 262-263 Qualifications of preemptors ----—. — ---—. - ----.. --- —-—.- 147,261 Register or receiver, claimant appointed (sec. 2287, Rev. Stat.) ------ 152 Relinquishments of filings...- - - - 91,174,262 Revised Statutes (secs. 2257-2288) relating to preemptions -.....-. 146-152 Saline lands not subject to ------------- - —... 82 Second filings (sec. 2261, Rev. Stat.)-).. ---. —.. —, --- —--—.. 147,262 Settlers on unsurveyed lands, filing for (sec.'2266, Rev. Stat.)-. --- —- 148 Settlers on unsurveyed lands, school sections (sec. 2275, Rev. Stat.) ---- 150 Suspended cash entries, confirmation of-.. 89-90, 135, 160-161.223,265-270 Timber. necessary, may be taken from land cleared for cultivation-. 35 Preference right of contestant ------------—. 39, 44, 91,94, 174.228 President's proclamations: March 23, 1889, Muscogee (or Creek) and Seminole ceded lands. --- — 207-209 February 10, 1890, relative to Sioux Indian lands -----—....... ---- 201-204 Price, minimum and double minimum _ —.. - --—. —_ —. ----. 4, 158. 179, 188 Private entry —....-.. -. ----.......-... —.. ---..... 3-6 Act of March 2, 1889, section 1, withdrawing lands from, except in Missouri....... 4. 187 M iss uri.. -. -—. --. -.. - -—. --- —---- ------ ----, — --- ---- ----- 4 18 Act of May 18. 1898, section 2, providing that all public lands in Missouri are subject to_..... — -. --- —-- ----... ----. -- - - - - -—....... 255 Change or entry ---.. ---. --- —.. ---._ — —...........- ---------—. 136 Law providing for (secs. 2354-2355 and 2357, Rev. Stat.)- -...- - 4, 160 Mode of proceeding to make.6,........... 6 Private landl scrip: Assignment, location, and satisfaction of, under acts of January 28. 1879. and December 13, 1894...-.....- ----—..... ---.-... — 8-9, 169,236 Fee for locating, same as for warrants.. --- —---—..-...... ---- 8,144-145 Location of, in lieu of payment.........-.......... 8-9, 24,27, 169,236 Protest: Against homestead commuted for town site in Oklahoma --—.. --- —- 56 Against timber and stone proof --------—. —. --- —--—. —. —. ---. 46 Publication: Notice of intention to make proof. ---. ---. --------------—.. 83-84 Service of notice of contest by-.,.. ---... —.................... —.- 93 Public lanll States and Territories, list of.-......... --- —- - — _ --- - 3... 3 Having no United States land offices.. —. - -....... --- — - -—.. 95 'iublic lalnd strip........................... 48,50,53,211-212,229 IPublic lands: Acquisition of, restricted to 320 acres -------—. --- —---—. --- —- 88-89,226 Commissioner of the General Land Office charged with the executive duties appertaining to the survey and disposal of (sec. 453, K. S.) - - - 143 Disposed of through district offices, except in certain States... —.. --- 3 Disposed of through General Land Office (in States having no district offices)............................................... 95 Information regarding vacant, obtained by application to district offices (list on p. 270) -....................... 3 In possession of Indian occupants, no entries allowed for.-... 88 Secretary of the Interior charged with the supervision of business relating to, (sec. 441, Rev. Stat.)....-.-.-........... 143 307 3 21 322 IN)DE X. Public Lands-Continued. Page. Squatters hlave no right to cut timber from- 3..-.-. --- —------—.... 35 States and Territories containing-3........... 3 Public sale of lands- ---...... 3-6 Abandoned military reservations........ 80-82 Act of March 3, 1891, sections 9) and 10, prohibiting, except in certain cases -....-.-..-.-................ ---.-..........:3-4,224 Change of entry-......._.... -.-..-.-... 136( Isolated tracts-.-....-........-................. 5. 161.238 Payment-warrants and scrip in lieu of cash. —. --- —-----—. --- —-. 8-11 Revised Statutes, sections 2353, 2357-2360. providing for -.... --- —. —. 3, 158 R. lRailroad adjustlments ------—....-..- ----—....- —... --- —.. ----.. 64-80 kct of {March 3,1887, adjustment of grants and forfeiture of unearned lands ------—. -----................. 64-70,185-187 Act of June 22, 1874 (and amendatory act of August 29, 1890), for relief of settlers on railroad lands........... 70-71 Act of September 29, 1890, forfeiting railroad lands.... 75-80. 215-218 Act of March 2, 1896 (extension of time to vacate patents erroneously issued to railroads, etc.).-... —..-... - -70, 95,240-241 Act of April 14, 1896, relinquishment of lands by New Orleans Pacific IRailroad -7.....-..... —... -...- - -—..- -- - —.. — - 7 1, 242 Act of July 1, 18!98. conflicting claiml within NorthernPacific grant - 73-75, 256-258 Railroad limits (rights of settlers within) ----- 64-80 Act of June 22, 1874 (amended by act of August 29, 1890), relief of settlers on railroad lands.... —.-.................- ------—.. 70-71 Act of March 3 (and July 1), 18'79, and May 6, 1886, additional rights to homestead settlers -..-... — - ------------—.. --- — 31-34, 171, 172.183 Act of January 13, 1881 -Relief of settlers on lands restored to public domain...... 3. 6180 Form of application to enter - -----—.-. - - -.-.-.... --- —. 63 Act of March 3, 1887 -Adjustment of grants and forfeiture of unearned lands_ 64-70, 185-187 Classes of persons affected....-........ -. —.. 6(5-66,68 Contest by adverse claimant instituted as in ordinary contests -. - 68 Homestead and pre-emption entries erroneously canceled on account of grants, may le reinstated, with exceptions cited....... 68 Status of purchasers of lands from companies, erroneously certified on grants.6.- -—. --- — - -.. --- —--------------- - 68-69 Status of settlers on lands, erroneously certified on grants -.. 167-68 Act of February 12, 1896, in regard to purchase price. -—. -. 240 Reimbursement for failure of title in Kansas and Nebraska - - 107-109, 184-185 Act of September 29, 1890 -Forfeiting certain lands, granted to States and corporations to aid in construction of railroads, etc- --...... 75-80, 215-218 Period within which applications to purchase and homestead entries may be made, fixed by act of February 18, 1891 -...- 79 219-220 Section 2, preference right of actual settlers at date of act, to make entries under homestead law..... 75 Section 3, option to purchasers from grantees, or their assignees- - 75-76 Time for purchase extended by acts of December 12, 1893, and February 18,1897... 75-76, 79, 230, 246 Section 5, purchasers from Northern Pacific Railroad Company_- - 77 Act of October 1. 1890, making provision for homesteaders and preemptors on Northern Pacific indemnity lands... -.. — 71-72, 219 Act of January 23, 1896, amending section 3, act of September 29, 1890_ 76 Act of February 12,1896, payment for lands-... 70,240 Act of April 14, 1896, relief of settlers within indemnity limits of grant to New Orleans Pacific Railroad.-... —. --- —------. --- —-- 71, 242 Act of June 3, 1896, for relief of settlers on Northern Pacific indemnity lands.,........-.......... 72-73,244-245 Act of July 1, 1898, conflicting clailms within Northern Pacific grant_ 73-75, 256-258 Receiving clerk, designation and duty of (sec. 461, Rev. Stat.).. 143 Recertification of soldiers and sailors' certificates of right. --- — 30-31, 234,259 Records, etc., exemplification of....-.-.-... 137-138, 143-144, 162 INDEX. 323 Registers and Receivers: Page. Appointment and term of service (secs. 2234-2'236 and 2244, R. S- 144,146 Disqualified to hear land cases under certain circumstances -—......_- 94 Duties of local officers........_. 1:8-142 Attendance at their offices -.. --- —. —. ------. --- —-. —_ ---. --- -__ 138 In acting on applications for amendment..... 90-91 In acting on applications for entry............................ 138 In acting on applications for extensions of time for payment- -. 11 In acting on applications for leaves of absence. --- —-—. —...1 - - 16-18 In acting on certificates of deposits for surveys when used in-payment for land...............................-...-..... -—...- _ 101 In acting on desert-land entries.......... 42-43 In acting on proofs transmitted by attesting officers... — -.. 86 In acting on rejected applications and appeals....._..... — _96-97 In acting on relinquishments.- -..... 91 In acting on timber and stone entries ----—.. --- —-----.._ ----_. 46 Notations to be made on tract books. place of residence and postoffice address of homestead applicant -------—. ---. --- —------- 14 Notations to be made on tract books, post-office addresses of desertland applicants, claimants and witnesses - -. -.- 42 Notations to be made on relinquishments.. --- —---—..-. --- —---- 91 Notations to be made on allowance of additional entries -. 28, 30 Reports upon cases where appeals are filed —........ --- —_- 96-97 Reports, special.... —.-................. 139 Residence of register and receiver (sec. 2285, Rev. Stat.).. 144 To furnish township plats and diagrams --—. --- —--—.. ---. 181-182 To administer oaths (sec. 2246, Rev. Stat.).-....- - _.. --- ——. 146 To keep a list of attorneys and agents. —... --- —---—.. 104 Statement of accounts, monthly and quarterly -........... -142; 146 Homestead or preemption settler appointed register or receiver (sec. 2287, Rev. Stat. ).....-.... 152 Penalty for false information by register (sec. 2247, Rev. Stat.)..-.. 146 Revised Statutes, secs. 2234-2247, relative to ----------—.. --- —-. 144-146 Salaries of local officersAllowed $500 each per annum, and also certain fees and commissions (secs. 2237-2238, Rev. Stat.).. —. --- —--. —..-. --------- --—... - 144 Not to exceed $3,000 each per annum, from any source (sec. 2240. R. S., and acts of August 4, 1886. and IMarch 3, 1887) 141,146, 183-184 Penalty for charging illegal fees (sec. 2242', Rev. Stat.) ------- 141, 146 Vacancy in office, provision for settlers in case of. -........ _ 86-87 Reimbursement for failure of title in Kansas and Nebraska (act of March 3, 1887)-...-.-. — 107-109,184-185 Rejected applications to make entry....-......-, 96 Relinqulishml llents- --.....-. 91 Act of May 14. 1880, section 1, relative to. of preemption, homestead, and timber-culture claims....-.. — --—. —. --- —.. --- —... — 91, 174,262' Filed in desert-land claims acted upon samle as in homestead and other claim s ---------- -.. --- —----- - -. 44 Filed pending contests- - - - - - 3 Offering of timber-culture relinquishlments for sale regarded as evidence of bad faith................- -. ---.... 38 Run only to United States. --- —-—.. —..... --- -—. --- 1 Repaymen-t: Applications for, requirements as to.-. --- —--—.. -. ---. --- —----- 105-106 Applications by heirs, executors, administrators, and assignees ------- 106 Definition of ' erroneously allowed ".. 105 Of double minimum excess (act of June 16, 1880, section 2) -—. _ 107, 179 Of excesses of deposits for special surveys (secs. 240(2 and 2403, Rev. Stat. ). -....-.. --- — 98,100-101 Of fees, commissions. and excesses paid by innocent parties on fraudulent and void soldier's additional entries (act of June 16, 1880, section 1)..___....-. ---. --- —---- 106-107, 179 Of money paid for land erroneously sold so that sale can not be confirmed (secs. 2362-2363, Rev. Stat. ).. 105, 159 Of purchase money, fees, and commissions paid on void entries (act of June 16, 1880, section 2) -. —.... --- —- -—. --- 19,105, 179 Not allowed where land purchased under act of June 15, 1880, is paid for with warrants or scrip.... -........ 27 Reimbursement for failure of title in Kansas and Nebraska, act of March 3, 1887. ---..-. --- --—. —.. --- —---—... ----. — 107-109, 184-185 324 INDEX. Page. Reservation proviso in patents for all lands west of 100th meridian....- 88 Reservations, abandoned military. --- ——.-,_. --- —... —. 80-82. 188,235,238 Reservoir lands in Wisconsin and Minnesota --- —------------------- 63, 214 Special affidavit required (form 4-102a) -----—. ----.....-.... —..- - 63, 285 Reservoir sites, act of March 3, 1891, section 17, in relation to —.. ----. 88,226 Residence: By widow, heirs, or devisee of a deceased homesteader not absolutely required. --- —--. --- —-------... ----.. --- —-...-..... 15,24 Credit for military service in homesteads- —. ---. --- —---—. 22,94, 156,256 Five years' continuous, required under sec. 2291, Rev. Stat. --- —--- 14, 154 Homestead settlers who were engaged in Spanish war ------ 22, 94, 256 Must b- established within six months from date of homestead entry - 14 Not established on homestead within six months because of climatic hindrances (sec. 2297, Rev. Stat., as amended by act of March 3,1881) 19, 23, 155, 181 Not required on homestead beyond a period of five years.. ---—.-. 94 Occasional visits do not constitute. — ---------------—. —. --- —--- 14 Where party is in military service, section 2308 -—....... --- —-. 157 Restoration of homestead right.. --- —---.. --- —-.- -----—........ — —. 19-21 Restriction on acquisition of title to agricultural public land (act of August 30, 1890). ---... --- —-—. --- —--—. --- —-.. --- —-- 5,41,88-89,226 Revised Statutes: Section 441 (duties of the Secretary of the Interior) - -..-.. —. 7 97, 143 Section 453 (duties of the Commissioner of the General Land Office) -- 143 Section 458 (duties of the Recorder of the General Land Office) ------- 94 Sections 461, 891, and 2469-2470 (exemplifications of patents, records. etc.). — ----------------------—. --- —--------—. 137, 143-144. 162 Section 2223 (general duties of surveyors-general). --- —---—. ----. ---. 124 Sections 2234-2247 and 2295 (registers and receivers) ----—. 3.144-146, 155 Section 2238 (fees and commissions). —. - 7.35.36, 101. 140, 144-145 Section 2239 (additional fees, consolidated land office) -.-... — -. --- —. 145 Section 2242 (penalty for collecting illegal fees) -—.. --- —-. --- —-- 141, 146 Section 2246 (administration of oaths by registers and receivers without charge).. --- —--------—. --- ---—.-. --- —--. ---. ---. —. 140. 146 Sections 2257-2288 (preemptions).-. ----..... ----. 146-152.222 Section 2259 (preemption right)..-.., —....... 147 Section 2262 (preemption affidavit) -.. -- ------—. --------—.. ---. 147.178 Section 2273 (appeals).....- -......... 97, 149 Sections 2275-2276 (settlements on unsurveyed lands found to be embraced in school sections)........ 150-151,222 Sections 2277-2278 (warrants and scrip in preemption payments) - - 7,10, 151 Sections 2283-2285 (Osage Indian trust and diminished reserve lands in Kansas)... --- —--------. --.. —. —. --- —---------—. ----- 151-152 Section 2287 (homestead or preemption settler appointed register or receiver).. —............... 152 Section 2288 (transfers by settlers of portions of their claims for certain public purposes) --- —-. --- —------ --------—. --- —---- 14,19, 152,222 Sections 2289-2312 (homesteads) ---- --... --- —------ 32,153-158 Section 2289 (homestead right)-.-.... ---. --- —- 11,21,32,153,223 Section 2290 (mode of procedure to make homestead entry) --—..- 153,223 Section 2291 (homestead, five-year proof, certificate, patent, descent of vested right)...-.. 14,15,154,165 Section 2292 (sale of homestead for benefit of minor orphan children) - 15, 154 Section 2293 (affidavits of homestead applicants who are in the military or naval service) ------... --- -. --- —-------- -. 1,54 Section 2294 (to make homestead entry without personal attendance at district office) ------------------------- ---- 12,154,213 Section 2296 (nonliability of homesteads to satisfaction of debts) --- 19,155 Section 2297 (abandonment of homesteads) -...... — —. --- — 12,19, 155,181 Section 2298 (limitation of homestead right as to amount of land) -- 19, 155 Section 2301 (payment for homesteads before expiration of five years) - - 24-25, 51, 155, 178,223 Sections 2304-2309 (soldiers and sailors' homesteads).. —. —. — 156-157 Section 2304 (soldiers and sailors' homestead rights)..... 22-24, 49, 156 Section 2305 (deduction of time of military and naval service from period of homestead residence)...... --- —- 22, 49, 156,199 Section 2306 (soldiers and sailors' additional.homesteads) ----------- 29-31, 49, 156,179,234,259 INDEX. 325 Revised Statutes-Continued. Page. Section 2307 (widows and minor orphan children of soldiers and sailors) 24, 29, 49, 156 Section 2309 (filings of soldiers or sailors by agents)......... 22,157 Sections 2310-2312 (Stockbridge Munsee Indians). --- ——. --. --- — 157 Sections 2347-2352 (coal land entries) --.. --------------—. ------- 102 Sections 2353-2355, 2357-2360 (public sales and private entries of lands) 3-4, 41, 158 Section 2357 (minimum price per acre for public lands). -. 3-4, 158,264 Sections 2362 and 2363 (repayment of purchase money for land erroneously sold) --- —...... —.. —. -. ---- -. 105,159 Sections 2369-2372 (changes of entry).......-.- -.. 135-136 Sections 2387-2389 (town-site entries).-_ --- —--------—. — 59,129,206,224 Sections 2401-2403 (special surveys and deposits for)...-... 97-98, 102, 103, 159, 170, 181,233 Sections 2414-2415 and 2437 (military bounty land warrants).. ---.. 6-7, 160 Sections 2450-2454 and 2456-2457 (board of equitable adjudication).- - 135, 160-161,265-270 Section 2455 (sale of isolated tracts)............. 5, 161,238 Section 2461 (cutting of timber on lands of the United States). --- — 112,128 Sections 2469-2470 (certified copies of records, books, etc. ) - 137-138, 162 Section 2478 (Commissioner to enforce land laws by making appropriate regulations)..-. —. ---...... 162 Section 5392 (definition of and penalty for perjury) -.. -... --- 162-163 Right of way: For irrigation, act of March 3, 1891, sections 18-21. -.... 226-227 For tramroads, canals, or reservoirs (act of January 21, 1895) -..-. 237 Act of May 11. 1898, amending preceding act- -- -.... 247 Over Alaska lands..-..... — 115-122 Rules of practice printed in separate circular......-.. -.. - 93 S. Sac and Fox lands, Oklahoma....... 48-51 Sale of homestead before claimant is entitled to patent..-. 19 Saline lands, or salt springs-..-.... — -.......... 82-83 Disposal of, under act of January 12, 1877.. ------------—.... 82-$3, 163 Law does not apply to Territories nor to certain States.,. —. - - 83 Law not repealed by act of March 2,1889...- - -----—. --- —--------- 4,82 Not subject to homestead or preemption entry.. -. -.. 82 School sections, settlers on lands before survey found to be embraced in (sec. 2275, Rev. Stat.).-.-.-. ---... —.. --- —-------—. --- —------ 150 Scrip: Agricultural college...-..... -....... 9-10,24,27, 144, 151 Change of location ----—. -----------------------------—. --- —----- 136 Private land. --- —--—. --- ——.... --- —--—.- 8-9,24,27, 144-145, 169,236 Supreme court ---------------... — ---- ----------------—.. —.. —. 8,27 Second homestead entries -----------—..- ------- 19-21,31-32,48-49,72-73, 75 Secretary of the Interior, duties of, under section 441, Revised Statutes-_ 143 Seminole lands, Oklahoma —.. —.. --- —------------- 48, 51,204-206,207-209 Service of notice of official action.-....... --- —-------—..-...... — 83, 96, 139 Settlement -- —.. ---...... ---. ---..... ----. --- —. --- —-. --- —---—.. — 14,261 Settlers: Becoming insane, provision for (act of June 8,1880) ---—. --- —- 15,177,264 On unsurveyed lands (act of May 14.1880).-...-.... 13,14, 174 On unsurveyed lands, school sections (sec. 2275, Rev. Stat.)... ----.. 150 Right to use of timber on public lands ----------------—.. --- —----- 110 Within railroad limits -.. --- —--—.... ---.. —. --- —------- 31-33, 63,70-80 Sickness: Leave of absence for. —.....-........ --- — ----------------------- 16-17,187 Second homestead entry, act of December 29,1894.. --- —-... - 20-21,236 Simultaneous applications to enter same tract of land......... 13 Sioux Indian ReserVation ---—.. --- — -------—. 60-62, 189-201,201-204 Act of March 2, 1889... --- —-—.......... ----. —. --- —--—. --- 60, 189-201 Section 21, restoring ceded lands to public domain to be disposed of under homestead and town-site laws, with certain modifications. 61-62, 198-199 Act of March 3, 1899, in regard to payment.................. --- —-----. 62 Additional payment required of entrymen (not collected upon entry, but when proof is tendered)-. — —. — ---------------------—.... ---.. 61 326 INDEX. Sioux Indian Reservation-Continued. Page. Commutation provision of homestead law (sec. 2301, Rev. Stat.) made applicable to ceded portion in South Dakota (act of Mlarch 3, 1891, sec. 6) 2......5....... 5. 2, 61-62,223 Land reserved by section 16 of act for Dakota Central Railroad Company, made subject to town-site entry only (act of March 3, 1891. sec. 22)................... 194-196,227 President's proclamation of February 10, 1890.-___ --- _.- ---—....20.01-204 Price of land to homesteaders: Section 21 of act............ 61-62, 198-199 Act of March 3, 1899..-............ 6... 62 Becomes fixed upon first entry thereof -—.-.. —.. —... 61 Settlers on what was known as Crow Creek and Winnebago Reservation (sec. 23 of act).-...... 2, 199-200,203 Town-site entries may be made in accordance witl circular of July 9, 1886.... --- —----—.. ------. —..-.........-62........... 62 Soldiers and sailors' lhollesteads: Credit for military or naval service (sec. 2305, Rev. Stat.) -.- 21, 24,49, 156 Act of June 16, 1898, soldiers in Spanish war-.......... 22,94, 256 Declaratory statementFiling of, does not bar other filings and entries -----.-... 23 Filing of, exhausts right.............. 323 May be filed by agent or in person (sec. 2309, Rev. Stat.) —. ---_ 22, 157 Entry by guardian of minor orphan1 children -...-_...-.. 24, 29, 156 Entry must be made by soldier or sailor and not by agent......._- 23 Entry must be made within six months from filing of declaratory statement (secs. 2304 and 2309. Rev. Stat. ).. ----.. —..... 22,23, 156-157 Entry not made within six months because of climatic hindrances. 23 Entry not made within six months may be allowed afterwards in certain cases where no adverse right has intervened.-.......... 23 Entryman must reside upon, improve, and cultivate homestead for at least one year-2.._........ _.. 2, 1.56 Evidence of military or naval service required of applicant to make entry —...-........ 22 FormsApplication (4 —01.5))............... 284 Declaratory statement, when filed in person (4 —546).-..... 283 Declaratory statement, when filed by agent (4-545) -........ —.- 283 Final affidavit (4-065).-................. 284 Revised Statutes (secs. 2304-2309) providing for...-........ 156-157 Rights of widows and minor orphan children... 24, 156 Settlement and improvements, claimant allowed six months after filing claim within which to commence -. ------- ----. ----. --- —.. 22. 155 Soldiers and sailors' rights in Oklahoma ---------—. ---...-.-.....- 49-50 Soldiers and sailors' additional homesteads. —...... 29-31 Act of March 3, 1893, relief of purchasers of land under invalid certificates of right —..-....... -.. —... 30,232 Act of August 18, 1894, validating certificates of right in hands of bona fide purchasers -------- -------- -------—. --- —-- 30-31,234 Alaska unsurveyed lands, entries allowed for.......-. 114-115 Assignment of certificates under act of August 18, 1894..-...... 30-31 Certification of right discontinued ---—. —. ---. --- —.- -...-. 29 Circular of February 18, 1890, uncertified rights. ---.....-......... 259 Circular of December 4, 1896, certified rights —.. ---------—. ----_- 256 FormsApplication to enter (4 —008) -............. 2T84 Assignment of certificates under act of August 18, 1894 —..- --- 300-301 Final certificate (4-197)... -—.-..-...-.. 285 Oklahoma lands not subject to....,-. --- —--—.......... 49-50 Right of entry defined by section 0306), Revised Statutes.... - - 29, 156 Right of entry extended by section 2307, Revised Statutes, to widow, if unmarried, otherwise to minor orphan children by guardian... 29,157 Right of entry is transferable..-...... —. 29 Sioux lands not subject to. —.-... 61 "Soonerism," Oklahoma homesteads. --- —-- 50 Spanish war, settlers who were soldiers in -—. --- —-. _ —.. — - 22, 94, 256. Special surveys, deposits for.-. — -.. ---- 97-103. 159-160, 170, 181.233-234 Squatters upon public lands have no right to cut timber ---------—....- - 35 INDEX. 327 States: Page. In which there are no land offices ------ --- ------ - 95-96 Within which public lands are located.- -...... 3 Stockbridge Musee IndIIians (secs. 2310-2312, Rev. Stat.) -1-.... 157 Stone land. (Timber and stone land) -... ----. --- —4.. — -) -47. 165-167,231 Suplremle Court scrilp -... —.. —.......... 8, 29 Surveys. deposits for special: Act of March 3, 1879, amending section 2402, Revised Statutes -,.. 170 Act of August 7.1882, adding proviso to section 2403, Revised Statutes_ 181 Act of August 20, 1894, amending sections 2401 and 2403, Revised Statutes, relative to..-........ 97-98. 233 Applications for surveysBy coal claimants --------—.-....... --- —. --- —---—.- ---- 102-103 By owners or grantees- -........ 103 By settlers... — - -------. --- — --- -9...8. --- —--—. --- —---—. 98-100 Assignment of certificates of deposit. -.. 101 Certificates may be used by settlers in paying for land.-.-. --- —---—. 100 Certificates not receivable in payment of fees and commissions - - - -_- 101 Duties of register and receiver when certificates are used to pay for land.-l-.- -.... -.-..... -. -.-......... 101-102 Repayment of excess of deposit * ----... ----. -------------—.98,100-101 Revised Statutes (2401-2403) relative to.... - - - -. 98.159 Surveys of desert-land clailms. —. —... -. 43 SSlspended enrl ies: Confirmation of, by Board of Equitable Adjudication- 135, 160-161. 265-270 Confirmation of, under section 7, act of March 3, 1891 —.... --- —- 89-90.223 T. Timber and stone land -.-.. —.-.. — -- -.....- -- - -.. 45-47 Act of June 3.1878, providing for disposal of. in certain States.- _ 45-47, 165-167 Act of August 4, 1892, making act of June 3, 1878, applicable to all public-land States --—. -.... 445.231 Act of May 18. 1898, abolishing distinction between offered and unoffered land ---- --.-................ — - - - - - --------—.. 255 Contest against claimant.-... ---. ----. --- —-----------------. ----. ---. 46 Entry by an association of persons-.. —...,. -..... 45.47, 165 EntryCharacter of sworn statement required....-45, 47. 166 May be made by married woman in certain States. ---..4 --- —-_- 45 Or filing, only one allowed to any person or association-.. 47.165 Fees in entries same as in mining claims (act of June 3.1878, sec. 3) __ 166 FormsSworn statement (4-537) -.-. -......- 290 Testimony of witnesses (4-371)..... 291 Lands which may be entered as ------------------—... 45. 165 One person or association limited to 160 acres, which must be in one body.. — -----—. ---. ----. --- —-----—. --- —---- --—. - 45 Payment for land must be made at time of offering proof, -.-' -- 46 Payment, warrants and scrip in lieu of cash..- -.. 8 Price of land --—.. ---. --- —-—... -..... ----. — -— 6 ---. — - - - -. 165 Perjury for false swearing................... —....-........... 166 ProofEvidence must be taken before register and receiver -..._...46. 166 Fees for reducing testimony to writing (sec. 2238, Rev. Stat., pars. 10, 11. and 12, and act of June 3, 1878, sec. 3)...-..-. 145,166 Publication of notice of intention to make —... --- —.-. ---—.-45. 166 Protest against proof. hearing to be ordered -—...-... --- —-..-. — 46 Qualifications requisite to make entry for -..-......... --- —-—...- 45, 165 Sworn statement, filing of -.- -.....- —.... - 45-46, 166 Timber culture-.. --- —-----------.. --- —----—..-.....36-39, 167-169 Act of June 14, 1878, to encourage the growth of timber on the western prairies — - -.. 36-39,167-169 Act of March 3. 1891, section 1, repealing timber-culture laws and providing for perfection of existing claims - -.-. - - --------- --— __ 36. 221 Act of March 3, 1893, modifying requirements as to trees -- -—... 36-37,232 Act of March 4, 1896, claimant's testimony.-.......... 38.242 Commutation, right of, under act of March 3, 1891, section 1 --—.. — 36.221 _ __,_p —_TC-7C —-*-L- —I ----— - --- —.T-:-; 328 IN EX. Timber Culture-Continued. Pae. Contests.............. 39,92, 93 Preference righ t of- successful contestant. -. 39 Cultivation and planting required..-.. 36-37, 168,232 Debt, claim not liable for, prior to patent.-......... 39, 169,221 Fees and commissions in proof, act of March 3, 1891. section 1 - 36, 144, 221 FormsAffidavit (4-073a) in commutation ----- -----—. —... --- —_ —. — 289 Receiver's final receipt (4-148)...289...... 28' Register's final certificate (4-217).......... 290 Testimony and final affidavit of claimant (4-385)....... 286-287 Testimony of witnesses (4-386) - -............................. 288 Heirs, etc., of deceased entryman --- —- ----- ------ -------—... — 38,168 Notice of intention to make proof.. ---—.. --- —---—.. --- —-----.. —. 38 Officers authorized to take proof....... 38 Payment, warrants and scrip in lieu of cash. ----. -----—.-.-..8.....- 8 Proof, commutation and final, made in same manner. --- —---—. ---. - 36 Relinquishments ---------—.. --- --—. ----.....-..... - - - -_ —. 91,174 Relinquishments. offering of, for sale, how treated -..38 Suspended final entries, confirmation of --- —-—. — 135, 160-161,223, 26T5-270 Trees recognized as timber -------—. 38 - -------------------------------—. Timber, abandonment of settlement claim after removal of...... 35 Timber depredations, laws and instructions relative to, form the subject of a separate circular...............................-................ 142 Timber destroyed by forest fires in Wisconsin, Minnesota, and Michigan 16, 24-25,236 Timber on public lands.-... 35,109-113 In Alaska. --- —-----------—...-. --- —--------------—............ 126-128 Timber, necessary, may be taken from land cleared for cultivation.. ---- 35 Timber trespassers, cash purchase by (act June 15, 1880. sec. 1)... 6, 178-179 Tonkawa lands, Oklahoma —..-..... --- ---------—. —_. 48,52-53,2 34 Township plats and diagrams, fees for furnishing -_.. -— _.-.... 140,181-182 Townsites: Act of March 3, 1891, section 16, relative to, on mineral lands —.-__. — 226 Act of March 3, 1891, sections 11, 12, 13, 14, and 15, allowing entries in Alaska for townsites, etc —. --- —-,.,. -... 3, 129-135, 224-226 Laws and instructions relative to, form the subject of a separate circular ----.. —......................... 226 Trade, manufacture, or other productive industry, entries for, in Alaska 12- -126 Transmutation of preemption into homestead claims —..... 16, 167 187 U. United States district land offices, list of -.. ---.......-. 270 Unoffered and offered lands, distinction between, abolished........ 255 Unsurveyed lands: Settlers on -----—.,....... --- ---—. ----. —......-....- - 13 Settlers on school sections (sec. 2275, Rev. Stat.). --- —-—.- -. --- —--- 150 Soldier's acditional allowed.for, in Alaska.-. —.-. --- —---—.... 314-115 V. Vacancy in office of register or receiver --- —---—........ -...... 86-87.149 W. Waiver (partial) of homestead right. —..-....-.................. _ 273 War, homestead settler who serves in Army, Navy, or Marine Corps in time of............ 22,94,256 Warrants, military-bounty land-............... 6-9,24, 27,151, 60, 236 Widow: Of deceased hom esteader-.-................................. 15, 154 Of deceased Indian homesteader...-........ 34,183 Right to make soldier's additional homestead......... 9-31,156 Wife, deserted or divorced. -- -.. -.... 12 I 'II I I 4 I i I A I i 1,I 0 1