That a pre-emption filing was made with-
ont settlement, or that the pre-emptor did not
subsequently comply with the law, are facts
that can not be shown to defeat the effect
of an unexpired filing as against the grant. 288,
645

An expired filing of record, when the
grant becomes effective, is not a "pre-emp-
tion claim that excepts the land covered
thereby from the grant

A pre-emption filing, fraudulent ab initio,
because there is in fact no such person as the
alleged pre-emptor, is a nullity, and ineffect-
ive as against the grant..

If an expired pre-emption filing is found
of record when the grant becomes effective
it will be presumed that the claim of the set-
tler is abandoned, but such presumption is
open to rebuttal.

.......

Lands covered by an unexpired pre-emp
tion filing, at the date when the grant be
comes effective, are not subject to the opera-
tion of a grant from which are excepted
lands to which the "right of pre-emption
has attached" when the line of road is defi
nitely fixed

645

662

645

575, 684

The uncontradicted testimony of one wit-
ness may be accepted to establish the fact
that a tract of land was covered by a pre-
emption claim when the grant became effect-
ive

Lands claimed, occupied, and improved by
pre-emption settlers at the date of the grant,
withdrawal, and definite location, are ex-
cepted therefrom

The claim of a qualified settler resting on
residence, possession, and cultivation, exist-
ing when the grant takes effect, excepts the
land therefrom; the subsequent abandon-
ment of the claim does not alter the status
of the land under the grant......

464

281

290

Land embraced within a survey of a pri-
vate claim under section 8, act of July 23,
1866, is not excepted from the grant, if a
copy of the plat is not filed in the local of-
fice before the grant becomes effective.... 630
Under section 2, act of February 8, 1887,
lands occupied by actual settlers at definite
location, and still remaining in their posses-
sion, are excepted from the grant, and not
subject to the provisions of section 4....... 637
Lands reserved, by Executive order, for
indemnity purposes under the grant of June
3, 1856, are, by the express terms of section
6, act of May 5, 1864, reserved and excluded
from the grant made by section 3 of said
act.

The act of May 5, 1864, does not confer
any rights upon the Wisconsin Central
where its grant overlaps the limits of the
prior indemnity withdrawal made under the
grant of 1856....

The grant of May 5, 1864, of which the
Wisconsin Central is the beneficiary, and
that of July 2, 1864, to the Northern Pa

63

63

Under amended map of general route is
without legal sanction, as the company has
no authority to file a second map of said
route
288, 440

A homestead entry of record excepts the
land covered thereby from, on general route,
and the subsequent cancellation of the entry
leaves the land open to entry till definite
location

A claim resting on settlement, improve-
ment, and occupancy existing at date of, on
general route, excepts the land covered
thereby

A claim, based upon occupancy and culti
vation, existing at the date of indemnity
withdrawal under the act of July 25, 1866,
excepts the land from the withdrawal

Railroad Lands.

307

264

499

Page.
A certification of land excepted from the
grant is erroneous, and warrants proceed-
ings for the recovery of title.........54, 568, 575
Proceedings for the recovery of title
should be instituted under the act of March
3, 1887, in the case of certified lands oppo-
site the uncompleted portion of the Mar-
quette, Houghton and Ontonagon Railroad. 29
Suit to set aside patent advised where
issued for lands excepted by reason of pre-
emption claim existing at withdrawal on
general route and definite location. (Cen-
tral Pacific.)..

Plea of res judicata will not bar re-in-
statement under section 3, act of March 3,
1887, if the entry was erroneously canceled
on account of a railroad grant.

Proceedings for the recovery of title un-
der the act of March 3, 1887, not authorized,
where, long prior to said act, the grant had
been declared, by competent authority, to
be adjusted

Right of purchase conferred by the act of
January 13, 1881, can only be exercised by
an actual settler, and does not extend to
lands excepted from a withdrawal

Purchasers of certain lands in the vicinity
of Denver authorized by the act of August
13, 1888, to enter said lands at government
price......

Receiver and Register.

See Land Department.

Rehearing.

See Practice.

Re-instatement.

See Entry, Practice (sub-title Notice).

Relinquishment.

466

307

610

437

437

139

Inures to the benefit of the contestant,
if the result of the contest, though the
charge as laid therein may be insufficient.. 105
When filed, is at once effective..
Filed pending contest, does not defeat the
right of the contestant to proceed against
the entry
.................256, 302, 398
Of a desert-land entry is at once effective
when filed

Failure of local officers to promptly act
will not prejudice the rights of a sub-
upon,
sequent applicant for the land involved

One who applies to relinquish, and take
another tract, on the ground of mistake in
the first entry, is estopped from claiming
any right thereunder, as against another
who, with knowledge of such facts, settles
on said land and files therefor.

Repayment.

673

673

278

Of the first installment paid on a desert
entry not allowed on the ground that
water can not be obtained for irrigation
if no effort toward reclamation is shown.. 12

Act of July 5, 1881, does not legalize
settlements made with full knowledge
that the lands were reserved

Pending the sale of government build-
ings on an abandoned military, the De-
partment may withhold from disposition
the land on which such buildings are sit-
uated

The authority of the Executive in mak-
ing the treaty of December 26, 1854, car-
ried with it the right to reserve the lands
therein set apart for the use of the In-
dians, and empowered the President to
make such additional reservations as
might be necessary

The Puyallup additional, created by
Executive order of January 20, 1857, was
within the scope of the authority con-
ferred upon the President by the sixth
article of the treaty

489

602

513

513

Maintained as the employé of another, who
asserts a possessory right to the land, con-
fers no rights under the settlement laws... 276
In good faith in a house supposed to be on
the land claimed is constructive residence
upon the land..

The home of a married woman is presump.
tively with her husband....

Separate, can not be maintained at the
same time by husband and wife, living to-
gether in such relation, in a house built across
the line between two settlement claims, so
that each can secure a claim thereby.

Upon a tract held by a possessory right
of the claimant, adjacent to, and included
within, the inclosure of the homestead claim,
will not support an entry under the home-
stead law

HOMESTEAD.

888

83

30

30

266

130

Not required prior to the allowance of ap-
plication to enter......

510

Revised Statutes.

Essential prerequisite to the acquisition
of title under the homestead law.....79, 211, 294
In the absence of, improvement or cultiva
tion of a tract confers no right thereto..... 346
Not required after submission of satisfac-
tory commutation proof, and tender of pay-
ment..

See Statutes, also Revised Statutes, Oited
and Construed, page XX.

Salt Springs.

See States and Territories.

555

Valentine, not locatable upon unsurveyed
lands within the Territories lying below
high-water mark, and above low-water mark 365
Location of, upon unsurveyed lands, con-
fers only a preference right to perfect the
location after survey as against every one
except the United States; but until after
the location is adjusted the government has
full power to dispose of the land covered
thereby

Porterfield, not locatable upon land dedi-
cated by statute to municipal uses.........
Issued under the act of June 22, 1860, lo-
catable only on land subject to private cash
entry

Selections.

See Railroad Grant, School Land, States
and Territories, Swamp Land.

Settlement.

On unsurveyed land should indicate the
boundaries of the claim

365

375

616

234

Long continued occupancy of land as a
home, and the cultivation and improvement
thereof, are acts that indicate an intention
to claim the land under the settlement laws 637

Sioux Indian Lands.

See Indian Lunds.

Soldiers' Homestead.

See Homestead.

Special Agent.

See Practice.

States and Territories.

See Patent, School Land, Swamp Land.
ARKANSAS.

Where title has passed to the State un-
der a railroad grant, no action should be
taken looking toward the issuance of patent
to the State for the same land under the
swamp grant.....

CALIFORNIA.

Prima facie valid selections of record, un-
der section 8, act of September 4, 1841, prior
to survey by the government and renewed
when the plat of survey is filed, operate as
a bar to any other disposition of the land,
and may be certified to the State if found
valid

Valid selections under section 8, act of
September 4, 1841, do not depend upon the
act of July 23, 1866, for confirmation....

Right of purchase under section 7, act of
July 23, 1866, not defeated by the fact that
the deed under which a claimant holds an
individed interest in a Mexican grant, does
not describe the land by metes and
bounds, if the claimant thereunder enters
into possession of a tract marked by spe-
cific boundaries and continues to use and
occupy the same according to the lines of
the original purchase

The phrase "according to the lines of
their original purchase," as used in the act
of 1866, construed

COLORADO.

165

217

220

242

248

No rights acquired by one who remains on
public land through the consent of others,
and without asserting any right of his own,
or performing the acts required of a settler. 510
Not acquired by one who occupies land as
the tenant of another

582

The provision in the act of March 3, 1875,
requiring the State to make its selection of
salt springs within two years after the ad-
mission of the State is directory only, and
a failure to select within said period does
not work a forfeiture of the grant.......... 222

Included within the alternate sections re-
served to the United States from the grant
to the State (Ohio) for canal purposes, did
not pass under the subsequent swamp grant,
and no indemnity can be allowed therefor.. 394
Fee of, passed to the State (Iowa) at the
date of the grant, subject to the right of In-
dian occupancy, and the right of possession
attached to the fee when such right of occu-
pancy was extinguished....

An adverse finding and report by a special
agent is not conclusive against the State in
the absence of final testimony submitted by
the State....

Claim should not be rejected on the report
of a special agent, but a further investiga-
tion may be ordered thereon

The decision of a commission, appointed
by the State and General Land Office, as to
the character of a tract does not preclude
the Department from resorting to other evi-
dence.......

That the returns do not show the land to be
of the character granted is not conclusive
against the State, even though the field-
notes of survey have been adopted as the
basis of adjustment....

285

22

121

39

39

When proof has been submitted by the
State in accordance with the regulations
then in force, the General Land Office should
render judgment thereon, if found sufficient,
and if not, direct further investigation..... 121
When the State files a list of indemnity
selections, it signifies thereby its readiness
to have its claim adjusted in accordance with
existing regulations, and should not there-
after be heard to allege that its claim was
considered before final proof was furnished 121
If located by warrant or scrip, section
2482, R. S., does not provide for cash indem-
nity.

The claim of the State (Illinois) for indem-
nity for lands located with scrip or warrants
may be adjusted...

The character of all tracts, on which proof
is submitted for indemnity, should be de-
termined, but separate lists should be made
of tracts sold for cash, and those located
with land warrants or scrip......

446

125

121

121

The original grant of, not enlarged by the
act of March 3, 1857.

Tide Lands.

393

See Scrip, States and Territories.

counties.