Page.

423

423

Time for, can not be extended by stipula-
tion of attorneys

Extension of the time for taking, can not
be granted by the local officers

Application for the extension of the time
allowed for, should be presented to the Gen-
eral Land Office, and before said period has
expired....

One who consents to delay in taking, can
not be heard to raise the question of time, if
the Department takes action on the merits
of the case.....

Time for taking, is not suspended by a
motion for review filed out of time.

Rule 79 is not applicable except where the
motion for review is filed within the time
allowed for appeal................

Time for taking, begins to run from the
date when service of the notice of the decis-
ion is first made, where said notice is served
both on the attorney of record and the party
he represents....

423

423

67

154

To an attorney of record of any action in
a case is notice to the party he represents.287, 700
Of action on town site application should
be given the party who files the same...... 628
Of a decision can not be claimed as a right
by a transferee who has no statement of his
interest on file in the local office............
Failure to receive, of decision is no ground
for reinstatement of contest, if due to con
testant's negligence...

Failure to perfect service of, where a case is
continued for that purpose is proper ground
for dismissal of case .......

Of appeal from the rejection of application
to enter. Departmental ruling in force at
time of appeal should be recognized......

126

319

689

428

Ten days additional allowed for the per-
fection of, from the local office, where notice
of decision is sent by mail

352

Will not be entertained in the absence of
due notice to adverse parties.....

452

662

Specifications of error, to receive consid-
eration, should set out the particular objec-
tions raised to the decision from which the
appeal is taken

Amended specifications of error, filed out
of time, can not be accepted on the ground
that the delay was caused by the necessity
of employing new counsel.....

Rule 82 does not contemplate notice to the
appellant, with opportunity for amendment
where proper specifications of error are not
filed.

Right of, from Commissioner's decision is
lost, where the appeal from the local office
does not contain a specification of errors and
is dismissed for that reason.......

Motion for, filed within time, suspends the
running of time allowed for appeal, but filed
out of time does not so operate

Application for, made while the case is be-
fore the local office, should be considered by
the register and receiver and decision ren-
dered thereon..

Application for, though once denied, may
be allowed where it is made to appear that
the decision in question was procured
through fraud and deceit practiced upon the
government...
REVIEW.

Will not be granted on the motion of a
stranger to the record..

67

227

93

451

126

Transferee who applies for, alleging that
the decision is not final as to him for want
of notice, must show that a statement of his
interest was on file in the local office.................
Rule 79 does not apply to motion filed out
of the time allowed for the appeal.......... 154
Time within which a motion for, must be
filed begins to run from the date when serv-
ice of the notice of decision is first made,
where such notice is served both upon the
attorney and the party he represents....... 443
Motion for, will be denied where no new
question of law or fact is presented..
Will not be granted on the ground that a
reëxamination of the evidence will bring
about a different decision

Page.

where the evidence is such that fair minds
might differ as to the conclusions that should
be drawn therefrom......

In the absence of motion for, the Depart-
ment has the requisite authority to correct
its own mistakes while the subject-matter
is yet under its own jurisdiction.....

Pre-emption.

See Settlement.

Delay in the issuance of final certificate
does not impair the right of the preemptor
who has shown due compliance with the
law to take other land under the homestead
law......

Transmutation of a claim to a homestead
entry should not be allowed without notice
to adverse claimants......

A claim initiated after the passage of the
act of March 2, 1889, can not be transmuted
thereunder by one who has had the benefit
of a homestead entry..

The inhibitory provisions of the first
clause of section 2269, R. S., do not extend to
the ownership of a trustee....

A settler who has received final homestead
certificate for a tract is not within the sec-
ond inhibition of section 2260, R. S., where a
subsequent government survey brings his
improvements within the lines of an adja-
cent tract, and he files therefor under the
preemption law

A contract for the purchase of land does
not bring the holder within the inhibition
of section 2260, R. S., where the title to said
land is not in the vendor..

Preemptor who has complied with re-
quirements in the matter of settlement and
is called away by military service has six
months after close of service in which to
make entry....

Right of, can not be exercised by a mar-
ried woman living apart from her husband
under a voluntary agreement of separation 459
Right of heir to submit proof under sec-
tion 2269 is not defeated by the fact that he
may have sold his interest in the land...... 468
One holding title, under a private land
claimant, to a larger amount of land than he
would be entitled to take as a preemptor, is
not thereby debarred from entering 160 acres
of such land when it is restored if he is
then a settler thereon

626

Various acts of Congress cited wherein
additional time is given to prove up on un-
offered land
........ 656

Price of Land.

See Public Land.

Private Claim.

See States and Territories.

The repeal of section 8, act of July 22,
1854, and the acts amendatory thereof, de-
prives the Department of authority to declare
further reservations of land under said acts. 97

Page.

The survey of, under a decree of confirm-
ation that adopts the act of juridical posses-
sion, must be governed by the record of juri-
dical measurement, and not by a conjectural
estimate of area set forth in said decree.... 259
The confirmation of the Los Trigos, based
on the report of the surveyor-general was a
final settlement of all questions as to the
limitations of area by inclosure and cultiva-
tion, and conveyed full title to the land
within the boundaries....

Department has no authority to order the
resurvey of a patented, while the patent
therefor is outstanding....

355

557

The price of lands within the limits of
the forfeited Texas Pacific grant, remained
at double minimum until the act of March
2, 1889..

The price of desert land under the law as
amended by the act of March 3, 1891, is one
dollar and twenty-five cents per acre, with-
out regard to the limits of railroad grants. 74
Price of land under a commuted timber
culture entry authorized by the act of
March 3, 1891, is one dollar and twenty-five
cents per acre without reference to limits of
railroad grants

Sale of, that is bounded by a water line,
as shown by the official survey, conveys to
the patentee a riparian right, including
subsequent accretions.....

75

375

Of lands subject to Indian occupancy,
pass to the company subject to such right,
excluding settlement claims thereto......

The lateral limits of the grant to the South-
ern Pacific should be adjusted on the line of
location, but where the constructed road
has been adopted as the basis of adjustment
the limits thus established will not be
changed......

A settlement claim on land within the
indemnity limits of the New Orleans Pacific
grant is protected by section 2 of the act of
February 8, 1887..

Forfeiture for breach of condition subse-
quent, may be declared judicially, or by act
of Congress...

300

264

365

...328, 321

The lands certified under the grant of
June 3, 1856, and embraced within the forfeit-
ure act of July 14, 1870, were by said act re-
stored to the public domain, and the certi-
fications thereof vacated; the lands so re-
leased, being public when the grant to the
New Orleans Pacific became effective passed
to said company
...321, 328

The forfeiture declared by act of Septem-
ber 29, 1890, was complete on the passage of
the act and opened to settlement at once the
lands designated therein..

In the overlapping primary limits of the
Northern Pacific and Oregon and California
roads, east of Portland, the grant is to the
former, under the act of July 2, 1864, and is
forfeited by the act of 1890, to the extent of
the withdrawal made under Sec. 6, act of 1864
and under said act of forfeiture no rights of
the Oregon road are recognized within said
conflicting limits...

The relinquishment of June 25, 1881, filed
by the grantee under the act of May 17, 1856,
was for the benefit of bona fide settlers, and
one who in fact never effected a settlement,
is not entitled to the benefit thereof.......
The relinquishment of June 25, 1881, in
favor of "actual bona fide settlers" does not
extend to one who was at said date not a
qualified settler, being a minor and not the
head of a family

359

187

103

288

Relinquishment of rights under a with-
drawal estops the assertion of any claim
thereunder as against a subsequent settler. 694

An unexpired preëmption filing of record
at the date when the grant becomes effective
excepts from its operation the land covered
thereby.
...9, 237, 656, 664

An expired preemption filing of record at
date when the grant becomes effective does
not except the land covered thereby from
the operation of the grant

Does not take effect upon land included
within an application to locate a military
bounty land warrant..........▸

The right of purchase under section 7, act
of July 23, 1866, existing at the date the
grant becomes effective excepts the land cov-
ered thereby

When settlement and occupancy alone are
relied upon as excepting land from a, it
must affirmatively appear that such settler
had the right to assert a claim under the set-
tlement laws......

The discovery of the mineral character of
land at any time prior to the issuance of
patent effectually excludes such land from
the grant to the Northern Pacific

For the St. Vincent extension is a new
grant, later in date to that made for the main
line, and lands withdrawn, as indemnity,
for the benefit of the latter, are excepted
from the subsequent operation of the grant
for the branch line..

The grant of May 4, 1870, is a float, and
does not take effect upon specific tracts un-
til definite location; and a homestead entry
made prior to such location excepts the land
covered thereby from the grant, though no
exception is made therein of lands thus ap-
propriated. (Oregon Central)
WITHDRAWAL.

624

278

536

362

699

545

283

Executive for indemnity purposes does
not effect until received at the local office... 591
Lands withdrawn on general route of
Northern Pacific are not subject to settle-
ment or purchase under the coal-land law.. 484
On general route for the main line, while
standing, excludes the land covered thereby
from selection as indemnity for lands lost on
the main or branch line. (Northern Pa-
cific)

That followed on filing map of general
route under the grant of July 27, 1866, ex-
cluded the lands covered thereby from pre-
emption filing and settlement..

525

158

A map of general route is not a require-
ment attached to the grant made for the
benefit of the Sioux City and Pacific line
by section 17, act of July 2, 1864, and the fil-
ing of such map works no withdrawal .... 196
Does not take effect upon land covered by
an unexpired preemption filing.........664, 364

The fact that a deficit exists in the
granted limits does not relieve the company
from the necessity of selection to acquire
title to indemnity lands

The Supreme Court of the United States
in the case of the St. Paul and Pacific Com-
pany against the Northern Pacific did not
rule that title to, can be acquired without
selection

The decision of the U. S. Supreme Court
in the case of the Northern Pacific v. St. Paul
and Minneapolis Company did not involve
the disposition of the idemnity lands of
the former company not withdrawn until
after the rights of the latter company at-
tached

Land covered by an expired preemption
filing, but on which the preemptor is re-
siding, is not subject to selection........
Selection of, pending on appeal, precludes
the acquisition of adverse rights by filing
or settlement..

The departmental order of May 28, 1883,
relieving the Northern Pacific from specifi-
cation of bases does not apply to lands not
protected by withdrawal..

No rights are secured by selection of lands
embraced within an unexpired preëmption
filing of record................

Conflict between a selection and a home-
stead entry may be settled either under the
selection or on offer of final proof....

A settlement right existing at the date
when the revocation of an indemnity with-
drawal takes effect, excludes the land from
subsequent selection..

An entry of land previously withdrawn is
no bar to the right of selection if exercised
before the revocation of the withdrawal be-
comes effective......

Land within common limits, and excepted
from withdrawal, is subject to selection by
either company, or open to settlement and
entry..

369

610

591

624

605

418

378

692

79

192

Page.

The grants to the Wills Valley road, and
Northeast and Southwestern by the act of
June 3, 1856, were distinct and separate, and
there is no authority for the certification of
lands within the limits of one road to sat-
isfy losses on account of the other (Ala)... 129
ACT OF JUNE 22, 1874.

The right of a qualified settler excludes
the land covered thereby from selection
under said act..

And August 29, 1890, while offering in-
ducements to companies to relinquish lands
on which filings and entries have been made,
leave them at liberty to relinquish or not as
they may think best
Railroad Lands.

ACT OF MARCH 3, 1887.

The act of March 3, 1887, confers no new
authority in the matter of bringing suit to
recover title, but makes that mandatory
which before was discretionary...

Prior to the institution of snit for the re-
covery of title, a demand for reconveyance
must be made upon the company, and this
demand can only be directed by the Secre
tary of the Interior .....

286

695

132

9

The Department has authority to insti-
tute proceedings for the recovery of title to
lands erroneously certified, whether such
lands are in the hands of the original
grantee, or have passed to third parties.... 129
The necessity for judicial proceedings to
recover title, where lands in excess of a
grant have been certified, is not obviated by
matters of defense that may be set up
against such action

...... 121
Proceedings advised for the recovery of
lands patented to the Oregon and California
Company, lying within the conflicting pri-
mary limits of the grant to said company
and that to the Northern Pacific east of
Portland..
192

One who has contracted to sell land pur-
chased from a railroad company, to which
title subsequently fails, is a proper party to
perfect title under section 4, act of March 3,
1887.....

111

18

The right of a settler to perfect title un-
der the proviso to section 5 defeats the claim
of a purchaser from the company, under the
body of said section.....

The second proviso to section 5 applics
only to lands which at the date of the act
had been settled upon in good faith subse-
quently to December 2, 1882...

A settlement right acquired after De-
cember 1, 1882. defeats the claim of a pur-
chaser from the company

The privilege of purchase under said act
extends only to cases where the right of
the settler and bona fide purchaser from the
company has been defeated through an er-
roneous disposition of the land

554

237

35

35

A bona fide purchaser from the company,
or one taking thereunder, who has transfer-
red the land, may perfect title under section
5, where the claim of the company fails... 253
The right to perfect title under the first
clause of section 5 is intended for those who
have in good faith paid their money for a
title believed by them to be good, and the
fact that such purchaser holds under a quit-
claim deed will not exclude him from the
benefits of said section.

The demand preliminary to judicial pro-
ceedings for the recovery of title may be
made upon the present holders of the land
and parties apparently having an interest
therein, when the original company has
ceased to exist, and has disposed of the
land...

498

129

Executed by the entry man while so in-
toxicated as to not comprehend the charac-
ter of the instrument is ineffective....... 133
Sent to the local office during a vacancy
in the office of the register is not filed in
contemplation of law, and if returned to the
entryman before the vacancy is filled no
action can be taken thereon...

133

Does not inure to the benefit of a contest
that is initiated for the purpose of fraudu-
lently defeating rights acquired in good
faith under said relinquishment....

Filed during the pendency of a contest,
and as the result thereof, inures to the ben-
efit of the contestant and excludes all rights
under the subsequent application of an-
other to proceed against the entry in ques-
tion......

Of a timber-culture entry, accompanied by
a homestead application of the entryman,
does not defeat the adverse right of a set-
tler then on the land

Repayment.

The authority for, of excess over single
minimum, in case of an entry within the for-
feited limits of the Texas Pacific grant made
prior to March 2, 1889 .....

The only person qualified to apply for, is
the one in whom the title to the land is
vested at the date of the cancellation of the
entry, or the heirs of such party...

A purchaser of the land subsequent to the
cancellation of the entry acquires no right
to a repayment of the purchase money paid
by the entryman...

383

420

439

101

140

Of interest on deferred payments under
an Osage entry not authorized by statute.. 204
No statutory authority for, where the re-
ceiver fails to account for the purchase price
of land, and the entryman pays therefor a
second time
236

An entry allowed on insufficient proof,
submitted without fraud or concealment, is
"erroneously allowed" within the meaning
of the act providing for repayment ...... 544
Fees received by the local office, since
August 4, 1886, for reducing to writing tes-
timony in support of an entry may be re-
paid.....

Reservation.

See School Land.

Of forest lands created by the President
under section 24, act of March 3, 1891, may
be restored to the public domain by the
President without special authority from
Congress.....

645

209