One who asserts no claim to land in the
possession of another, and remains silent,
though knowing that the adverse occupant
continues to claim and improve the land, is
estopped from subsequently denying the
good faith of the occupant and asserting a
right of priority in himself..
Evidence.

See Judgment, Mineral Land.

The admissions of an entryman against
the validity of an entry are admissible in a
proceeding where such entryman fails to
appear and testify.

Submitted without opportunity of cross-
examining the witnesses should not be
made the basis of final decision in a con-
tested case....

May be taken before a commissioner
under Rule 35 of Practice, but this is only
done on the application of one of the par-
ties

Fees.

See Repayment.

475

392

471

700

Forest Lands.
See Reservation.
Final Proof.

GENERALLY.

May be submitted during the pending of
a contest. See amended Rule 53 of Practice. 250
Submitted during the suspension of the
township plat may be received and held
awaiting the removal of such suspension
and on such removal, be accepted, if other-
wise satisfactory, on execution of new final
affidavit.

705

Submitted during the pendency of adverse
proceedings on appeal, and prior to the
amendment of Rule 53 of Practice, may be
considered under said rule, where due no-
tice is given, and no adverse right exists... 411
The failure of a railroad company to re-
spond to a settler's notice of intention to
submit is a waiver of the company's right
to deny the facts as established by said
proof.......

One who offers, in the presence of an ad-
verse claim must abide the result of such
proceedings....

Special notice of intention to submit, should
be given a railroad company where the land
is embraced within a pending indemnity se-
lection

Entry allowed during the pendency of,
will not prevent the claimant from submit-
ting further proof to show that he had in
fact complied with the law..

251

516

111

165

25

220

Three months after the restoration of land
allowed for, in case of settlement on land
reserved for railroad purposes..

DESERT LAND.

230

Life of, extends till six months after close
of military service, where actually called
away from the land by such duty

364

Statutory limitation as to life of, on un-
offered land

656

Proof as to the ownership of the requi-
site amount of water to effect reclamation
is sufficient where due compliance with local
regulations is shown..

Where the statutory period for the sub-
mission of, has expired, and opportunity is
given to submit the same within a specified
time, it should be rejected, if not presented
within said time, or good reason shown for
delay...

PREEMPTION.

Six months after close of military service,
in which to submit..

Made up of testimony taken before an
unauthorized officer and supplemental evi-
dence taken outside the State, may be ac-
cepted with a view to equitable action, where
the claimant's physical condition prevents
the submission of further proof in regular
form

63

40

364

687

See Desert Land, Entry, Final Proof, In-
dian Lands, Oklahoma Lands, Residence.
GENERALLY.

Right to make entry not defeated by the
fact that final certificate has not issued on
prior preemption proof, under which due
compliance with law is shown..

361

38

Ownership of an adjacent tract is essen-
tial to the right of entry

516

SOLDIER'S ADDITIONAL.

434

The right to make entry is personal and
not assignable

205

Land occupied for townsite purposes not
subject to entry....

368

Entry made with intent to use the land,
or a part thereof, for townsite purposes
renders the entry invalid in its entirety.... 452
Good faith of an entry not impeached by
the fact that an acre of the quarter section
has been reserved for the location of a land
office.....

Entry of land subsequently found to con-
tain coal can not be completed..

Validity of entry made by a divorced
woman may turn on the good faith of the
divorce proceedings...

Second entry under section 2, act of
March 2, 1889, does not relate back and effect
a reinstatement of the first..

One who makes a second entry, under sec-
tion 2, act of March 2, 1889, is entitled to
credit for military service in making proof
of residence, although allowed credit there-
for under his former entry..

13

12826

570

305

604

Entry may, under the act of March 3, 1879,
embrace 160 acres of land in an odd-num-
bered section within railroad limits, where
such land is excepted from the grant...... 71
The provisions of section 2308, Revised
Statutes, are not intended to include per-
sons serving in the regular army since the
close of the rebellion..

ACT OF JUNE 15, 1880.

The right of purchase under section 2 ex-
tends only to entries of land" properly sub.
ject to such entry," and does not include an
entry of land previously withdrawn in aid
of a railroad grant..

472

103

Improvements.

See Reservation.

Circular instructions of March 22, 1892,
with respect to the opening to settlement
and entry of Sisseton and Wahpeton lands. 302
The preference right of entry on Sioux
lanas, conferred by section 23, act of March
2, 1889, is limited to the lands originally
claimed by the settler

Allotment should be made where selec-
tions have been received under section 13, act
of March 2, 1889, and there are no prior valid
claims thereto; and in case of the allottee's
death prior to the approval of the allotment
patent should issue in accordance with sec-
tion 8 of said act.

352

436

Formerly occupied by the Mille Lac In-
dians are not subject to disposition under
the general land laws, but under the special
provisions of the act of January 14, 1889.... 497
Homestead entry made under the act of
June 10, 1872, improperly canceled on a
charge of abandonment should be reinstated
and opportunity given to show additional
compliance with law
..... 548

Instructions and Circulars.

See Tables of, pages XVII and XVIII.

Island.

See Survey.

See Entry, sub title Timber Culture, Home-
stead, Pre-emption.

Mineral Land.

See Coal Land, Railroad Grant, School
Land.

Where a mineral entry has been allowed on
land returned as agricultural the burden of
proof will lie upon one who thereafter al-
leges the land to be in fact agricultural.... 54
On issue joined as to the character of a
tract, the matter to be determined is whether
as a present fact the land is more valuable
for mineral than for agriculture......54, 59
The burden of proof is with one who al-
leges the mineral character of land that is
returned as agricultural..

There must be compliance with the home-
stead law to bring land within the exception
provided by the act of March 3, 1883 (Ala-
bama)...

The act of March 3, 1883, does not require
a public offering of land returned as contain-
ing "iron," if such returned does not show
that said land is "valuable" for the iron it
contains (Alabama)

Discovery of coal on land embraced
within an original homestead entry, pre-
cludes the completion of such entry.
Mining Claim.

59

268

292

426

The notice of application must be pub-
lished in the newspaper nearest to the claim. 138
Application for patent can not be allowed,
if the description of the claim in the pub-
lished notice is not in accordance with the
official field notes of survey

The published notice is sufficiently defi-
nite in the matter of showing the connect-
ing line, where it identifies the claim by
connection with a corner of a patented town-
site, which is also the corner of a patented
placer, both of which are connected with a
mineral monument.

45

..105, 294

Riparian ownership of lands, adjacent to
a non-navigable meandered, includes the
lands to the middle thereof.....

156

Lands lying within the meander line of a
non-navigable, belong to the adjacent pro-
prietor...

274

Purchaser of meandered land lying on the
border of a, takes title to the shore line.... 516

An adverse claim filed out of time and
suit based thereon but not begun within
the period prescribed do not preclude the
allowance of mineral entry; nor does the
pendency of such suit bar the issuance of
patent on said entry

The filure of an adverse claimant to prose-
cute his suit in the courts with reasonable
diligence amounts to a waiver of the adverse
claim, and removes the stay of proceedings
in the Department .

On the termination of judicial proceedings,
the entry should be made in conformity
with the decree, and not allowed in the ab-
sence of the judgment roll ......................

180

180

308

641

Decree of court in adverse proceedings
determines right of possession as between
the parties but does not deprive the Land
Department of jurisdiction to ascertain the
true character of the land and whether there
has been due compliance with law.........
Judgment of a court that placer ground
may be taken as a lode, or that known lodes
may be entered as placer ground, subject
only to the right of the lode claimants be-
neath the surface, is in conflict with the law
and will not be followed by the Department. 641
An entry can not be perfected without
the requisite payment on application for
patent, though the proof may show com-
pliance with the law in other respects, and
the claim will be subject to relocation sub-
sequently, if the statutory requirement as
to annual expenditure is not observed...... 43
Entry of lode in conflict with prior placer
patent need not be canceled, but should be
suspended, with the view to judicial pro-
ceedings for the vacation of said patent as
to the land in conflict.

In conflict with a prior grant to a railroad
for station purposes may pass to patent,
subject to the company's right of occupancy
as to the part in conflict.

A mineral claimant of land embraced
within a patented town site, to obviate judi-
cial proceedings, may secure a reconvey.
ance of such land to the United States, and
so vest the Department with jurisdiction to
pass upon the validity of his claim

PLACER.

Placer entry made for the purpose of se-
curing title to lodes and veins known to ex-
ist is in violation of law and must be can-
celed

In case of an alleged conflict between an
agricultural entry and a prior placer claim,
the actual extent of said claim should be
shown by survey..

Patent for a placer passes title to all lodes
or veins contained therein if they are not
known to exist at the date application is
made.......

A placer patent for land including a known
lode not specifically excepted, conveys title
to all of said land, and terminates the juris-
diction of the Department over the same...

47

105

186

685

59

MILL SITE.

The building of a tram road, or the grad-
ing of the road bed therefor, is not such a
use or improvement of the land as warrants
the allowance of a mill site.....

11

Application for a mill site will not be al-
lowed where the improvements are located
on the line between two mill sites, without
either location possessing the requisite im.
provements independently of the other.... 11
The erection and maintenance in good
faith of dwelling houses for the occupancy
of workmen employed for purposes in con-
nection with a mill is such an occupancy
as will authorize the allowance of a mill
site

...... 173
The first clause of section 2337, Revised
Statutes, contemplates the allowance of a
mill site only where the land is used or oc-
cupied for mining or milling purposes at
the time application is made

Naturalization.

See Alien.

New Madrid.
See Scrip.
Notice.

See Practice.
Officer.

544

An entryman who desires to purchase for
town-site purposes under section 22, act of
May 2, 1890, must show that he is entitled to
perfect title under the homestead law, with-
out reference to the fact that the land is oc-
cupied and required for town-site purposes 146
A homesteader who has voluntarily parted
with the control of the greater part of his
land, and agreed to convey title thereto
when his claim is perfected, is disqualified
as a homesteader, and hence can not pur-
chase under section 22, act of May 2, 1890. 146
Lands acquired from the Sac and Fox na-
tion under the agreement approved Febru
ary 13. 1891, and included within a home-
stead entry, may be purchased for town-site
purposes under section 22, act of May 2,

Page.

Page.

Payment for land purchased under section
22, act of May 22, should be made in cur-
rency, or by draft on New York, exchange
paid..

419

A homestead made with intent to use a
part of the land as a town site is invalid in
its entirety, and the invalidity can not be
limited to particular tracts either by relin-
quishment, or purchase of a portion of the
land under section 21, act of June 2, 1890... 452
One who is lawfully within, at the pas
sage of the act of March 2, 1889, and so re-
mains until the lands are opened to settle-
ment and entry, but does not take advantage
of his presence as against others, is not dis-
qualified by such presence from acquiring
title in said Territory....

Osage Land.

See Indian Lands.

PARKS AND CEMETERIES.

593

Circular of May 23, 1892, issued under the
act of September 30, 1890, authorizing in-
corporated towns to make entry of public
lands for park and cemetery purposes...... 560
Patent.

See Certification, Town Site.

May be surrendered, and other land taken
in satisfaction thereof, to correct an error
of the Land Department and avoid litiga-
tion........

The Commissioner may, on the request of
the patentee, withhold and cancel a, that
does not describe the land entered, even
though a relinquishment of the erroneous
patent is not filed ..

Portion of land included may be relin-
quished, and in the place of such land a
tract may be taken which through mistake
was not included in the original entry nor
in the patent issued thereon...

When issued in conformity with the en-
tire record, the Department is without au-
thority to accept a surrender thereof for
the amendment of the record and reissue
in accordance with the amended record
Payment.

A deposit of money in a government de-
pository may be accepted as, where a large
sum is involved

50

389

475

534

461

Preëmptor not required to wait until near
the expiration of filing to apply for exten-
sion of time for..

Practice.

GENERALLY.

The Department may waive questions
affecting the regularity of proceedings be-
low.....

Rule 53 amended so as to permit the sub-
mission of final proof during the pendency
of a contest..

Regulations of local office in the matter of
procedure on opening public lands to entry
conclusive upon parties taking action there-
under without protest..

Papers are not filed when received at the
local office during a vacancy in the office of
either register or receiver..

Under a rule to show cause why an entry
should not be canceled, time should not run
against the entryman while the local office
is closed.....

A motion to dismiss filed after the day set
for hearing should not be acted upon with-
out notice to the opposite party.

An order of the local office dismissing a
contest is not sua sponte, where sush action
is not taken until after a motion, asking
therefor, has been filed..

A motion to dismiss, under the order of
January 17, 1891, must be sustained where
it appears that the Department is without
jurisdiction, patent having issued for the
land..

Brief containing charges of corruption
against officers of the Land Department will
be stricken from the files...
AMENDMENT.

In proceedings against a final entry the
local officers have no authority to allow,
where the new matter is not related to the
orginal charge

APPEAL.

509

47

250

370

133

493

91

91

380

445

447

697

By different parties, and relating to dif
ferent tracts of land, should be transmitted
to the Department separately...
..... 271
Will lie from a decision requiring a min.
eral entryman to make new publication of
notice..
Will not lie from an interlocutory order. 496
Right of, should be accorded a mineral
protestant who alleges an adverse interest,
non-compliance with law, and whose applica-
tion for a hearing has been denied

In the absence of, the Commissioner's de-
cision becomes final, and he is thereafter
without jurisdiction to modify his action
therein..

419