Purchase made while the right was sus-
pended in favor of a contestant may be held
valid if the contestant waives his right... 381
The rule as to purchase pending contest,
laid down in Freise v. Hobson, governs in all
cases not then finally adjudicated.................381, 500
Right of purchase not defeated by the
pendency of proceedings on special agent's
report.....
... 342
Discovery of coal on land after entry will
not affect rights acquired thereunder ...... 570
The entryman or transferee can not pur-
chase under an entry depending upon false
and fraudulent statements and forged doc-
uments, or where the entry was canceled
for fraud prior to the passage of said act.....
Does not authorize the entryman or his
transferee to purchase under an entry which
depends upon false and fraudulent state-
ments or forged documents
Patent not authorized unless it appears
that the entryman is a citizen at date of
final proof......
Residence, improvement, and cultivation
for a period of one year at least must be
shown to authorize patent
Right not exhausted by filing a soldier's
declaratory statement and abandoning the
tract covered thereby when such filing was
rendered inoperative by a prior adverse
claim......
Right exhausted by filing soldier's declar-
atory statement and abandonment thereof.
There is no distinction in this respect be-
tween a filing made by the soldier and one
by his widow or the guardian of his minor
children...
Ute lands n t subject to private cash en-
try until after public offering
Made through an agent in accordance
with existing practice will not be disturbed. 165
The right accorded to the minor child
must be exercised prior to the expiration of
the minority..
That the certificate of right issued during
the minority of the child would not operate
to extend the time within which entry could
be made thereunder.....
The exercise in person of the right, pend-
ing application for the certification of such
right, precludes further action on the appli-
cation....
Land reserved for the Navajo Indians by
executive order of April 24, 1886, not sub-
ject to pre-emption.....
A claim for Omaha land based on settle-
ment and filing made after the time fixed
by the proclamation under the act of Au-
gust 7, 1882, and before the passage of the
act of August 2, 1886, is within the second
proviso of the latter act; and the first pay-
ment thereon is not due until two years from
the
passage of said act..
The establishment of the White River
military reservation on lands subject to dis-
position under the act providing for the sale
of the Ute Reservation did not impair the
trust created by said at, but had the effect
to suspend the execution thereof...........
Instructions and Circulars.
See Tables of, cited and construed, page
Can not become final until the decision is
promulgated and due notice given thereof.. 42
The cancellation of an entry by order of
the General Land Office takes effect as of
163
the date the decision is made
Survey must follow the location notice
upon which it is ordere 1. This rule applies
to amended as well as original locations
Object of establishing mineral monuments. 392
In requiring an amended survey the appli-
cant should be informed that his entry will
be canceled if the requirement is not com-
plied with in a specified period.
Where the survey did not follow the
amended location the entry should not be
canceled, but a new survey required.
81
Evidence may be submitted in explanation
of an apparent discrepancy between the sur-
vey and the claim as marked out upon the
ground and described in the location....... 169
A new survoy under the circular of De-
cember 4, 1884, will not be required where
one in accordance with existing practice had
been approved by the surveyor-general prior
to the receipt of said circular...
Amended survey will be required where no
connection is shown with a mineral monu-
ment or a corner of the public surveys..... 475
Positive evidence as to the discovery of
the vein or lode must be furnished, showing
the place where and the time when such dis
covery was made, and the general direction
of the vein or lode
Not necessary that discovery of mineral
should be shown within the land added by
amendment, where such land is reported as
mineral and the good faith of the entry is
not questioned ....
The proof should show that the improve-
ments have been made for the purpose of
developing the particular claim applied
A claim as amended is an entirety, and it
is not necessary that the improvements
should be upon a particular part thereof... 81
A judicial decision that the claimant is not
entitled to any credit for work done on the
claim renders it necessary that the supple-
mentary proof should show the requisite ex-
penditure since the date of said procced.
ings.......
An entry allowed prior to the final dispo
sition of adverse proceedings must be can-
celed where such adverse claim remains un-
determined....
Entry prematurely allowed pending dis
position of adverse litigation permitted to
stand on the withdrawal of the adverse
claims....
In the absence of an adverse claim, the
entry may be suspended and new proof
made where that submitted was found in
sufficient...........
Error in the issuance of the final certifi-
cate may be corrected..
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Department may order a hearing to as-
certain whether there has been due compli
ance with the law, though a favorable judg
ment against an adverse claimant has been
secured in the courts
The protest of a town site that raises an
issue as to the character of the land em-
braced within a mineral application presents
a proper subject of inquiry.....
Cost of a survey preliminary to the loca
tion of a ditch for the development of a
claim will not be credited on the statutory
expenditure where such ditch has not been
dug
Work done on a ditch outside of a placer
claim, and prior to the location thereof, can
not be accepted in proof of the required ex-
penditure where the ditch was not made
for the development of the claim......
Failure to make the statutory annual ex-
penditure renders the claim subject to re-
location
Not accepted by a mineral claimant, be-
cause containing a clause reserving the
rights of a town site, may be recalled with
the view of instituting proceedings to deter
mine the relative rights of the parties...... 319
May be recalled by the Department, with
the consent of the grantee, when not issued
in conformity with the judgment and not
accepted by the grantee, and another issued
in accordance with said judgment......
Practice.
See Contest, Judgment, Jurisdiction, Res
Judicata.
Proceedings on special agent's report..464, 486
The Department may, on its own motion,
institute proceedings looking to the cancel
lation of an entry
To avoid delay, the Department will de
termine rights presented on appeal where
the parties are present in court, though the
question so presented has not been passed
upon by the General Land Office..............
Local officers may, with the approval of
the Commissioner, designate certain hours
of each day in which papers may be filed in
their offices...
504
Of cancellation to the successful contest-
ant not sufficient when given by unregis
tered letter....
In the absence of, the decision of the lo-
cal office is final as to the facts, unless the
case is within one of the exceptions to rule
48, though a different conclusion might have
been reached had appeal been taken ..... 98
Failure to appeal from the local officers'
decision renders their action final as to the
facts, so far as the parties are concerned,
subject to certain exceptions, but the Gen-
eral Land Office is not thereby precluded
from passing on the evidence when the in-
terests of the government require such ac-
tion
Will not lie from an interlocutory order
of the Commissioner
Will not lie from the Commissioner's re-
quirement of an additional affidavit in sup.
port of an entry; only from final action on
the case on the failure of the entryman to
comply with said requirement..
By publication of no effect in the absence
of affidavit as a basis for the order therefor. 49
Affidavit as the basis for publication is
sufficient which sets forth that affiant lives
in the vicinity of the land, is well acquainted
there, knows that the defendant does not
there reside, and that after diligent search
he is unable to find said defendant.....
Slight error in the spelling of defendant's
name will not defeat.....
Of contest, properly served, with correct
description of the land, the charge against
the entry, the contestant's name, and the
time and place for the hearing is not fatally
defective because of a misnomer of the de-
fendant therein, as the process is amendable
in that respect either before or after judg-
Abandoned by an application to purchase
the land......
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