Certificates of deposits-Continued. 5. Receivers directed not to receive certain certificates. 6. Receivers advised of the issue of fraudulent certificates. 7. Directions for cancellation and transmittal of to G. L. O. Change of entry: 8. Only provided for where an error in description has been made. by the entryman, or the records are defective in not showing correct description. Com'r. (M.) R. & R., Gainesville, Fla., Sept. 29, 1882. Contingent expenses: 9. Expenditures in excess of appropriation, unauthorized and illegal. Com'r. (M.) Hon. T. Ryan, Jan. 24, 1882. Deposits for surveying public lands: 10. Regulations prescribed as to manner of making deposits, excess repayments, assignment of certificates, and R.'s & R.'s returns. Com'r. (M.) Circular, Mar. 5, 1880. Fees and commissions: 11. Of registers and receivers in Alabama, Arkansas, Dakota, Florida, Iowa, Kansas, Louisiana, Nebraska, Michigan, Minnesota, Mississippi, Missouri, and Wisconsin. Com'r. (M.) Circular, Mar. 7, 1881. 12. Of registers and receivers in Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Com'r. (M.) Circular, Mar. 7, 1881. 13. Fees in mineral applications. Com'r. (M.) R. & R., Lake City, Colo., July 8, 1881. 14. No entry fees and commission to be collected on additional homestead entries under act of Mar. 3, 1879. Com'r. (M.) R. & R., North Platte, Nebr., July 26, 1881. 15. In timber-culture entries. Com'r. (M.) Mar. 9, 1882. Indian reservations: 16. Receivers of public moneys to deposit gross proceeds from sales of. First Comp. Treasury, July 2, 1881 (M.) 17. Permanent; is a territory of country, with definite boundaries, set apart, and its occupancy guaranteed by the Govern ment for the use of the Indians, of which they cannot be deprived except by their own acts, and to which a fee-simple in them is not essential. Sec'y. (M.) Oct. 20, 1882. 18. Title to or common Indian title, is distinguished from the aboriginal right of occupancy recognized in the Indians as to the great mass of land originally occupied by them. Receivers of public moneys: 19. Proper officer to receive. Registers should not receive public moneys, except a certain fee. Com'r. (M.) Circular, May 24, 1882. 20. Receivers acting as disbursing agents. Directions as to rendering accounts. Com'r. (M.) Circular, July 15, 1882. 21. Can only receive current funds of the United States in payment for public lands. Com'r. (M.) R. P. M. Grand Island, Nebr., Oct. 24, 1882. Registers and receivers: 22. Cannot charge fees for writing in making up record and de- Com'r. (M.) to R. & R., North Platte, Nebr., July 18, 1882; to R. 23. Duties of, in reducing testimony to writing and attending to Com'r. (M.) to R. & R., La Crosse, Wis., July 29, 1881; to R. P. 24. May permit county clerks to employ suitable persons to make Com'r. (M.) R. P. M., Concordia, Kans., Feb. 23, 1882. Repayment: 25. Claim for, upon alleged receiver's receipt, where record failed to show entry, and alleged payment not having been covered into Treasury, refused. Com'r. (M.) Wisner & Draper, April 18, 1882. 26. Claimant for, who voluntarily abandoned right to complete entry, not entitled to. Com'r. (M.) to John Carlaird, Jan. 20, 1882. Sec'y. Oct. 20, 1882. 27. Claimed on desert-land entry, not erroneously allowed, but Com'r. (M.) to Curtis, Earle & Burdette, Dec. 5, 1881. Sec'y. 28. Desert-land entries having been canceled for conflict, or as Sec'y. Case of Jerome Madden et al., Nov. 16, 1880, 7 C. L. O., 151. 29. Desert-land entry-where party voluntarily abandoned the land because he could not procure water to reclaim it, refused. Com'r. (M.) Edw'd Leaventhal, April 26, 1881; Gonzales & Chaves, Dec. 5, 1881; Sec'y. Oct. 11, 1882. 30. Directed, where party had transferred his rights in a mineral entry subsequently to its cancellation. Com'r. (M.) July 29, 1881. Sec'y. Aug. 3, 1881. Repayment-Continued. 31. Entry allowed on proof of residence, which was held by the Dept. to be insufficient, and thereupon entry canceled as having been erroneously allowed, repayment refused. Sec'y. Aug. 1, 1881, Mrs. McDonald, 9 C. L. O., 135. 32. Entry made on double minimum land, afterwards reduced in price by act of June 15, 1880; the $1.25 per acre, paid in excess of the minimum price, directed to be refunded. Com'r. (M.) Sept. 7 and Sept. 26, 1882. Sec'y. Sept. 27. 1882. 33. Entrymen, under act of July 5, 1876, failing to make payment, or perform other required conditions, forfeit all claim to right of reimbursement, &c. Com'r. (M.) R. & R., Topeka, Kans., July 26, 1882. 34. For return of $1.25 per acre in excess of minimum price, cash entry, refused, as the act of June 15, 1880, only affected lands that were subject to entry after its passage. Com'r. (M.) May 3, 1881, Elizabeth Green; reversed and return ordered. Sec'y. June 16, 1881. 35. For return of fees and commissions on homestead entry refused; for failure to comply with law as to residence. Com'r. (M.) Nov. 10, 1880, Wm. Goff. Sec'y, Mar. 19, 1881. 36. For refund on homestead entry refused; the claimant having been a minor at the time of entry. Sec'y. June 14, 1881, John A. Hayes. 37. Land within the ten-mile limits of a railroad grant, and in those of a rejected private claim, was excepted from the grant to the railroad, and refund for excess over minimum price directed. Com'r. (M.) Aug. 4, 1881, W. J. Johnston. 38. On Osage ceded lands, refused; claimant having failed to com Com'r. (M.) Nov. 10, 1881, R. & R., Independence, Kans. 39. Refused for excess above minimum price; the act of May 15, 1856, to aid in the construction of railroads in Iowa, having raised the price of the land to $2.50 per acre, before claimant's settlement. Com'r. (M.) Jan. 22, 1881, J. Garaghty. Sec'y. July 16 and 40. Refused, where at the date of filing, the entryman, (pre-emptor) Com'r. (M.) Nov. 25, 1881, Bird and Lowe. 41. Upon entries made upon soldiers' and sailors' additional home steads at Visalia, Cal., refund of fees, commissions, and excess of purchase money directed. Sec'y. April 3, 1882, N. P. Chipman. 42. Will not be made where the land has not been erroneously sold by the United States, so that for any reason the sale cannot be confirmed. Sec'y. Nov. 16, 1880, on appeal affirming Com'r., 7 C. L. O DIGEST OF DECISIONS. 7 Special agents: 43. Manner of rendering accounts by; legal charges, &c. Treasury circular, No. 55, 1880. State selections: 44. Final locations of, are made when the lists thereof have been examined by the R. & R. for approval and fees paid thereon. Com'r. (M.) July 24, 1882, State Sur. Gen. of Cal. ACCRETIONS To lands bounded on a navigable river belong to the riparian owner, and cannot be selected as swamp or overflowed lands. Minto v. Delancey, 7 Oregon R., 337. See Railroads, No. 2; (land,) No. 22. Timber Depredations, (accretions,) No. 1. ACT OF JUNE 22, 1860. See Private land claims, No. 2, et seq. ACTS OF CONGRESS. See Construction, No. 5, and References. ADDITIONAL HOMESTEADS. See Accounts, (repayments,) No. 41 (soldiers and sailors.) ADJOINING FARM ENTRIES. See Public lands, No. 12, et seq. ADMINISTRATOR. See Mines, &c., No. 6; (mineral entry,) No. 135. ADVERSE CLAIM. See Pre-emption, No. 7; (abandonment,) Nos. 3, 4; (settlement,) No. 142. Mines, &c., No. 7, et seq.; (patent,) No. 163; (possession,) No. 185; (survey,) No. 224. ADVERSE CLAIMANT. See Mines, &c., Nos. 25, 26. ADVERSE POSSESSION. See Mexican and Spanish grants, No. 2. ADVERSE RIGHT. See Pre-emption, (selection,) No. 136. Private land claims, (Oregon donations,) No. 48. AFFIDAVIT. See Mines, &c. (citizenship,) No. 55; (affidavit, non-mineral,) No. 152. AGENT. The law of agency applies to officers of the Government. A receiver, in his official capacity, is an agent with powers defined by statute, and cannot bind the Government be yond the scope of his authority. Acts done outside thereof are void. Sec'y. Dec. 4, 1880, H. O. Hodges, 7 C. L. O., 150. See Accounts, (special agents,) No. 43. Mines, &c. (application for patents,) No. 44; (coal lands,) No. 61. AGRICULTURAL CLAIM. See Mines, &c., (adverse claim,) No. 16; (patent,) No. 161. AGRICULTURAL COLLEGE SCRIP. The State of Kansas having, under act of July 2, 1862, selected double minimum instead of twice the quantity of minimum lands; the same, approved to it on that basis and acquiesced in for fifteen years, cannot now select additional lands. Sec'y. May 13 and June 21, 1881; Atty. Gen. June 17, 1881. ALABAMA. See Public lands, (affidavit,) No. 24. Railroads, (construction,) No. 5a; (jurisdiction,) No. 20a. See Mines, &c., No. 27. ALASKA. ALIEN. See Pre-emption, No. 8. ALIEN CORPORATION. See Mines, &c. (patents,) Nos. 167, 170. AMENDMENT. See Pre-emption, (additional land,) No. 6; (amendments,) Nos. 9, 10; (filing,) No. 58. Private land claims, (boundary,) No. 11; (survey,) No. 131. ANNUAL LABOR: See Mines, &c., No. 28, et seq. APPEAL. See Land Department, (Gen'l Land Office,) No. 11. Mines, &c., Nos. 32, 33. Pre-emption, (Board of Equitable Adjudication,) No. 11; (waiver,) No. 168. Practice, Nos. 1,2; (dismissal of,) No. 3; (failure to,) Nos. 4, 5; (notice of,) No. 8; (time for,) No. 12. Private land claims, Nos. 6, 7, 8; (survey,) No. 134. APPEARANCE. See Practice, (notice of appeal,) No. 8. APPLICATION FOR PATENT. See Mines, &c., No. 34, et seq. ARIZONA. See Mines, fc. (reservation,) No. 210. |