The submission of, a few days prior to the expiration of the requisite six months' residence does not in the absence of protest call for new proof where the land is held by a subsequent purchaser without notice ...... 638 Failure to submit within six months after Osage filing does not render the claim subject to the adverse right of a subsequent settler.-Rogers v. Lukens overruled. ............. ...... 110 TIMBER CULTURE:

Trees not required to attain any specific height or size to warrant approval of....... 191 Florida.

See States and Territories and Swamp Lands.

Hearing.

See Practice.

Homestead.

See Alienation, Entry, Final Proof, Mineral Land, Residence, Settlement.

ACT OF JUNE 15, 1880.

Land entered prior to said act may be purchased on payment of government price, if free from adverse claims......

Purchase should be allowed in the absence of intervening adverse claims, if the land was subject to the original entry.......... Cancellation of the original entry no bar to purchase..

Purchase is not a consummation of the original entry relating back to the date of such entry, but a private entry operative from the date thereof

An intervening entry made after the passage of the act and canceled on relinquishment, is no bar to purchase

75

Right of purchase suspended by intervening contest 463, 579, 595 An entryman who has sold his interest in the land covered by the original entry, is not entitled to the right of purchase....... 330 Right of purchase can not be exercised by one who has voluntarily relinquished the original entry.....

606

532

Mineral claimant for land returned as ag-
ricultural must show, as a present fact, that
mineral can be obtained therefrom in such
quantities as to make the land more valu-
able for mining than agriculture........... 440
May be segregated from land returned as
agricultural at the expense of the mineral
claimant

Segregation survey may be ordered if
found necessary to set apart the mineral
from the agricultural land in a 40-acre
tract

Effect of the act of March 3, 1883, on a
homestead entry for lands of known min-
eral character (Alabama)

Land returned as valuable for coal prior
to the passage of the act of March 3, 1883,
not subject to purchase under the act of
June 15, 1880, until after public offering
(Alabama)

Land returned as valuable for coal, and
offered prior to the act of March 3, 1883, is
not subject to entry if not offered since the
passage of said act .....

Land not known as, covered by settlement
and filing made before the act of March 3,
1883, need not be offered" before the al-
lowance of pre-emption entry (Alabama)

Homestead entry on, initiated by settle-
ment prior to the act of 1883, though not
then of record may be patented under said
act (Alabama).

Mining Claim.

See Survey.

Circular of March 24, 1887, as to proof re-
quired on application for patent

Non-compliance with paragraph 5, circu-
lar of December, 14, 1885, may be waived if
the proof is in conformity with prior regu
lations

440

443

532

532

174

74

297

448

505

Page.

A mining company, on application for pat-
ent, must show that it has complied with
local requirements in the matter of filing its
articles of incorporation

If the last day of publication comes on
Sunday, an adverse claim filed on the suc
ceeding Monday is in time............

Proof of posting in the local office should
be furnished by the register, and in the ab-
sence thereof, evidence of such posting may
be submitted by the applicant....

If the published notice is not as explicit
in description as the notice posted on the
claim, the defect is the fault of the register,
and may be cured by reference to the Board
of Equitable Adjudication.

If an adverse proceeding is pending in the
courts, when application for patent is made,
the adverse claimant need not commence
new action after filing protest.

If the protest shows that an adverse pro-
ceeding is pending in the courts, action
should be suspended by the local office, un-
til final disposition of such proceeding,
though it may have been begun before the
application for patent.....

On determination of judicial proceedings
patent may issue to the applicant for such
part of the claim as he may appear to right-
fully possess, if a vein or lode has been dis-
covered thereon..

195

430

457

457

437

437

437
A protestant, who claims an adverse in-
terest, is entitled to be heard on appeal,
where he alleges that proper action was not
taken to bring him within the statutory
limitation as to the period accorded for pre-
senting an adverse claim....

122

A protestant, who alleges no claim pres
ent or prospective, that is recognized under
the law is not entitled to the right of appeal. 439
Survey of a mill-site need not be connected
with a mineral monument, or corner of the
public surveys, if connection is shown with
the lode claimed in conjunction therewith.. 195
If the applicant for a mill-site is the owner
of a lode, and the mill-site is located in con-
nection therewith, patent can issue without
a showing of $500 expenditure on the mill-
site

The affidavit required of an applicant can
not be made by agent or attorney if the ap-
plicant is a resident of, and at date of appli-
cation is within the land district.

Not allowed on an application wherein the
land, on which are situated the discovery
shaft and improvements, is expressly ex-
cluded, and the proof shows no mineral on
the claim as entered, or the requisite ex-
penditure for the benefit thereof.

In a survey that conflicts with a prior
lode claim, where the ground in conflict is
excluded, the applicant is limited to a line
passing through the point where the lode
intersects the exterior line of the senior lo-
cation.....

223

To avoid delay the Department may determine a case on its merits, if the record is complete and the parties in court, though the questions presented were not passed upon below

Where the rights of several parties are involved in a case the claims of each should be disposed of in the decision of the General Land Office

After transmitting the record in a contest the local officers should await instructions before taking any action affecting the status of the land

After decision by the local officers they can take no action involving the disposition of the land until instructed by the Commissioner

The local officers may, after due notice to the parties, inspect the land involved in contest

An inspection made by the register without notice and after the case was closed, is not the proper basis for a final decision, but may warrant an order for rehearing.

595

279

121

559

38

38

336

See Alienation, Final Proof (under Preemption), Settlement.

Patent.

Concurring decisions of the local officers and General Land Office on questions of fact will not be disturbed unless clearly against the weight of evidence..

440

Application to enter patented land confers no right upon the applicant to question the validity of the patent by which title passed

A stranger to the record not entitled to be heard as an intervenor without first disclosing his interest under oath....

578

24

Page.

NOTICE.

Page.

Should be allowed from a decision cancel. ing an entry on a special agents' report, when the facts as shown therein are not denied

306

Will not lie from a decision of the Commissioner ordering a hearing ...........372, 444 Right of, should be accorded to the heirs of a deceased pre-emptor from a decision awarding the land to an adverse claimant.. 405 Must be taken within the prescribed time by a transferee who has notice of a decision adverse to the entryman

Ten additional days allowed for, when notice of the decision is given through the mails by the local office

In absence of, the decision of the local office becomes final

Failure of the contestant to take, from a decision of the local office dismissing his contest, will not preclude a subsequent assertion of his right thereunder, if the record does not affirmatively show due notice of such action...

Failure of the State to appeal from a decision of the local office, on a question under the swamp grant, will not defeat its right to appeal from the Commissioner's decision therein

During the pendency of from action of the local office, it has no jurisdiction over the case or land involved therein...............

485

46

30

30

595

Misstatement as to date of posting will not defeat the service where the error is corrected by special affidavit and testimony of the contestant

Objection as to that given the entryman can not be heard from a transferee who was duly notified....

Transferee who is duly served with, and is represented at the trial, can not be heard to object that the heirs of the deceased entryman were not properly served..

46

46

197

Insufficiency of, may not be alleged by one who has secured a continuance of the case to a day certain.

524

Should be given the sole devisee of a deceased timber culture entryman in attacking the entry..

452

559

Of timber culture contest should be served upon the heirs or legal representatives of deceased entryman.

452

Unperfected, is no bar to a hearing on the subsequent application of the appellant.... 544 Will not be dismissed on the motion of a former attorney of the appellant, who at the date of the motion had ceased to represent the appellant

Objection to the sufficiency of, will not be considered if raised for the first time on review

CONTINUANCE.

Diligence to ascertain the names and last known address of the heirs or legal representatives of deceased timber culture entryman required

452

192

Of cancellation, to a successful contestant, sent by unregistered letter is not sufficient...

477

470