The, has no authority to determine questions of title in mining property. V. 5, p. 51 Under the act of July 26, 1866, the, should not approve a survey until he has received the register's certificate that no adverse claim exists thereto.. V. 5, p. 50 Length and width of lode claims in Montana-instructions to the, concerning lode claims in Montana V. 1, p. 179

Certificates of, in mineral surveys. V. 1, p. 13 After the publication by the, under the act of July 1, 1864, of the survey of a private land claim in California, that officer has no power to revise or amend such survey. . V. 2, p. 84 Instructions as to surveys of islands in districts where there is no V. 9, p. 222

Congress having confirmed the grant to a town as reported by the, the town is not necessarily restricted to the four-league limits of a pueblo grant. V. 2, p. 101

An attempted restoration by the, of land within a Mexican grant not finally rejected, is null and void, and the state selections thereunder fall with it V. 2, p. 19 The, must cause all confirmed private land claims to be surveyed when requested.

V. 6, p. 36 The, has no authority to publish under the act of July 1, 1864, any re-survey of a private land claim in California . . V. 2, p. 85 Instructions to deputy mineral surveyors in States where the Commissioner of the General Land Office is ex-officio.

Annual instructions to each.

V. 2, p. 34 V. 7, p. 92 V. 8, pp. 140, 141

Appropriations for each. V. 7, pp. 61, 190 Sundry civil appropriations to June 30, 1882

V. 8, p. 12 V. 8, pp. 11, 12 Surveyor's Return.-See Deputy.

Deficiency appropriation for.

The, of the character of land is prima facie correct, and the burden of proof is upon him who alleges its incorrectness V. 2, p. 146 The burden of proof is upon the party who would disprove the. V. 3, p. 130 Suspended Entries.

Reason for refusing to confirm. V. 5, p. 101 Rules and regulations.. V. 4, p. 52 Where final proof in homestead entry was made within a reasonable time after an award the entry is placed among . . . . V. 7, p. 91 Sutro Tunnel.

In applications for patent on the Comstock Lode, hearings may be had to determine whether they have been benefited or drained by the V. 3, p. 114 The only patents for mining claims which should contain the conditions specified in the act of July 25, 1866 V. 3, P. 34 Lands west of the Comstock lode are included in the grant . . .

V. 8, p. 54 Annual expenditures on mines within limits of, grant, are not required. . . . V. 8, p. 54 Swamp Grant.

The, to Oregon does not include lands which the government sold, reserved or otherwise disposed of prior to confirmation of title. V. 9, p. 83

A settlement claim on land claimed under a, may be perfected by cash or location. V. 9, p. 139 Swamp Indemnity Certificates. Are locatable on what lands. . V. 7, p. 28 Swamp Lands.- See Circular Instructions

State Selections.

Title to selections of, perfected when.

V. 5, p. II Case of Railroad vs. Smith. . V. 3, p. 135 Case of French vs. Fyan. V. 3, p. 134

A tract of, not necessarily excluded from the grant because at any given date it may be found to be covered by water. . V. 1, p. 151 When patent for, cannot be impeached.

V. 3, p. 134

Hearings in case of contested. V. 1, p. 41 In a contest between a settler and the State claiming the land as, the character of the land at the date of settlement should be determined. V. 3, p. 119

Where, to which a State is entitled has been embraced in a homestead entry, said entry will be cancelled, and the party may make another entry with the first payments to his credit. V. 1, p. 35 A homestead entry is not a claim recognized by the swamp act of March 12, 1860. V. 4, p. 149 If, to which a State is entitled has been embraced in a homestead entry, said entry will be canceled. V. 1, p. 35 Where a party filed on clearly, a second filing will be allowed on agricultural land. V. 4, p. 117 Fraud in procuring, from county.

V. 6, p. 70 The selections of land by a State under the swamp laws establishes a prima facie case in favor of the State, which may be controverted at a hearing. V. 2, p. 180 Arkansas cannot present a second claim for lands as, having accepted them under a different grant. . V. 4, p. 63 All, and overflowed lands not disposed of were granted in præsenti to the State of California by the act of September 28, 1850.

V. 4, p. 92

Were not public lands at date of passage of act of March 3, 1853, when the pre-emption laws were extended to California. V. 4, p. 92 Conflict between graduation entries, and. V. 1, p. 39 Lands within the claimed limits of a Spanish or Mexican grant which was adjudged invalid enured to California under the. V. 4, p. 150 All, not disposed of were granted in præsenti to the State of California by the act of September 28, 1850 V. 4, p. 92

All, in California enured to the State September 28, 1850, and a subsequent disposition by the government could not divest the State's title.. V. 4, p. 150 V. 6. p. 29 23, 1866, has

Survey of, in California Section I of the act of July no reference to . .

V. 6, p. 108

V. 6, p. 70

American Emigrant Co. vs. County of

Wright.

Settlers on, in Missouri .. Settlers on rejected, Missouri In Missouri

V. 2, p. 14

On ore separated from public lands.

V. 2, p. 44 V. 4. p. 30 Swamp and overflowed lands, certain, are confirmed to the State of Illinois. V. 6, p. 76 Oregon in order to defeat settler's right must show that the tract claimed was, at the date of the act of March 12, 1860.

V. 5, p. 179 And school sections in Oregon. V. 3, p. 172 Instructions concerning indemnity tracts. V. 5, p. 125 Instructions for indemnity, Aug. 12, 1878. V. 5, p. 173 Selections for indemnity for, located by warrant or scrip must be made out of any of the unsold public land within the State in whose behalf application for indemnity is made. V. 1, p. 23 Field notes of survey are not " due proof" to secure indemnity for . . . V. 7, p. 9 The circular instructions of March 8, 1872, January 23, 1877, and August 12, 1878, govern proof as to V. 7, p. 9 When, cannot be embraced in a pre-emption claim V. 7, p. 28 The State decides the method of reclaiming. V. 7, p. 13

A county can and cannot rescind a contract

to reclaim, when

Moneys spent by a State in of, cannot be re-imbursed

The grant of, to the State of present grant .

V. 7, p. 13 preparing lists

V. 7, p. 27 Oregon was a V. 7, p. 53

Review of the Oregon grant of.V. 7, p. 53 Discussion of question of the Revised Statutes making a new grant of . . . V. 7, p. 70 A certain decision touching, revoked, why. V. 8, p. 34 Contest turning on the question of navigability of certain waters. V. 8, p. 77 Illinois indemnity lands. V. 8, p. 59 Certain claim of Illinois for indemnity lands rejected. V. 8, p. 141 Lists of, to Louisiana considered. V. 8, p. 21 Real estate. V. 8, p. 49

Swamp Land Certificates.

Of indemnity can be located on what lands.
V. 7, p. 89

Taggert, John R.

An act for the relief of.

Tasmanian Gum Tree.

May be planted for timber culture.

Taxation.

V. 8, p. 194

The right to tax lands of the United States, entered under the homestead laws, does not accrue to the State until the expiration of the period of residence and cultivation, and until the final proof required shall have been made. V. 2, p. 148 The question whether any tax can be levied on homesteads before patents issue does not come within the jurisdiction of the General Land Office.. V. 2, p. 115 A homestead entry is not subject to, until a patent is issued. V. 5, p. 147

Ruling of the United States Supreme Court on, of homesteads V. 2, p. 115

V. 4, P. 57 Taxes on railroad lands paid without comV. 6, p. 90

pulsion.

Of lands where title has not passed.

V. 5, p. 36 When a certain tract became subject to. V. 5, p. 27 The land department does not pass upon the question of, on lands. V. 7, p. 6 Real estate .. V. 5, p. 74; V. 6, pp. 81, 82, 181; V. 7, pp. 124, 125, 187

Tenant.

The validity of an act of a territorial legislature.. V. 6, p. 110 State and, may incorporate cites and towns on the public lands. V. 6, p. 110

School sections in, are reserved and are subject to the same rules as to pre-emption claims as though granted. . . . V. 6, p. 153 Testate.

Proceedings to relinquish the homestead entry of a party who died. V. 2, p. 99 Real estate. V. 6, p. 46

V. 9, p. 35

Testimony.-See Proof-Evidence.
Fees for reducing, to writing
No, is to be excluded by the local officers
because of supposed irrelevancy .V. 9, p. 210

Upon matters not incident to the charges, should not be considered. Proofs in contest under the land laws must be confined to allegations, and judgment be rendered on the issue raised by the record only. V. 9, p. 171 Printed forms in final proof. . V. 5, p. 94 Witnesses' answer received notwithstanding objection.. V. I, p. 103

Manner of taking, in establishing the mineral or non-mineral character of land. V. 5, p. 179 Of relatives received in contest .V. 6, p. 109 Of relatives when rejected. V. 6, p. 139 Fees for reducing, to writing. V. 6, p. 60 The, in homestead contests may be taken before any officer authorized to administer oaths. V. 1. p. 149

The Commissioner of the General Land Office will examine, as to the boundaries of a private land claim, if necessary to a correct location of the boundaries. . . V. 1, p. 116

Question of ownership of, cut

as above. V. 8, p. 24 Pre-emption claimant may cut . V. 8, p. 24 What, may be cut and sold by homestead V. 8, p. 192 Homestead settlers are liable for cutting, V. 8, p. 92 How right of way railroads may take materials from public lands V. 8, p. 94

party

when

Surveys in regions destitute of . V. 1, p. 12 To what extent and when settlers may use the, on the public domain . . . V. 1, p. 102 Unlawful to cut, with exceptionsV. 5, p. 54 For suppressing depredations. V. 3, p. 91; V. 6, p. 12 Who may cut, under Attorney-General's opinion. V. 1, p. 103 Sale of, instructions under act of June 3, 1878. V. 6, p. 21 Protection of, rules and regulations concerning V. 6, p. 22 Instructions under act of June 3, 1878. V. 5, p. 122; V. 6, p. 21 The, on a tunnel site belongs to the tunnel V. 5, p. 34 A certain tract on which, is growing is subject to timber culture entry. V. 4, p. 85 Mineral lands do not pass to the Central Pacific Railroad Company by virtue of its grant, but the, upon the mineral land within the ten-mile limits goes to the road, except what is necessary for the improvements of mine owners thereon V. 1, p. 134 Locators of mining claims have the exclusive right of possession to the surface embraced in their claims, and to the, growing thereon. V. 2, p. 114 Where land is valuable for, evidence of residence and improvements must be clear and positive

owner. .

V. 7, p. 37 The sixth section, act of March 3, 1843, does not apply to V. 6, p. 174 Instructions as to destruction of, by forest V. 9, p. 136

fires

To what extent, may be cut from the public lands V. 9, p. 62 Cannot be cut from the public lands to supply saw-mills manufacturing lumber for purposes of trade and gain . . . V. 9, p. 62 Cutting, to supply a military post in fulfillment of a contract for wood, is not such a depredation as is contemplated by law, unless waste is alleged V. 9, p. 136 Notwithstanding the claimants intended to erect a saw-mill to cut the, the lands are awarded to them as bona fide pre-emptors. V. 9, p. 168 Rule for determining value of, cut on public lands... V. 9, p. 205 Any use to which, can be put within the State or Territory, for the comfort or convennience of its people, is a domestic use: timber cannot be transported beyond the State or Territory. V. 9, p. 63 Cutting of, is allowed for use in timbering mines or in connection with quartz mills or reduction works. V. 9, p. 63 Until private land grants are confirmed, the claimants thereof have no right to cut or remove, therefrom. V. 9. p. 121

Lands on the Ottawa and Chippewa reservation reserved for, cannot be disposed of by the Interior Department without further legislation by Congress. V. 9, p. 138 Timber Agents.

Present system of, changed. V. 1, p. 103 V. 1, p. 103

Duties of.

Clerks from the General Land Office detailed V. 4, p. 55

Timber and Stone Law.

A married woman cannot make entry under
the.
V. 9, p. 203
Circular instructions of June 30, 1882.
V. 9, p. 199

Timber Culture.-See Circular Instructions.
Act of March 13, 1874. . .
Amending act to encourage.
Instructions under act of June 27, 1878.

V. 1, p. 14

.

V. 5, p. 55

V. 5, p. 77

Where a party enters for, land which was formerly broken up and cultivated.

V. 4, p. 162 If saplings or young timber trees are growing on land it cannot be entered for, purposes. V. 6, p. 154

A, claimant cannot change his entry because of his negligence, or because the land is not what he expected. V. 6, p. 22 Coal lands are not subject to entry under, laws. V. 5, p. 146 After cancellation of a homestead entry the land may be entered by the first legal applicant under homestead, pre-emption, or, laws. V. 1, p. 35

To set aside a timber culture entry it must be proved that the claimant failed to do the breaking and planting, or to cultivate and keep in good order the timber V. 3, p. 22 How a contest is initiated. . . V. 8, p. 76 Act for publishing contest notices.

V. 5, p. 60 Proceedings in case of excessive drought. V. 7, p. 181

A timber culture entry cannot be commuted. A few scattering willows and stumps will not characterize the land as timber within the meaning of the.. V. 1, p. 92 Breaking the first ten acres in strips seven feet wide and twelve feet from centre to centre is not a compliance with the.

V. 1, p. 181 A party may elect to break the soil and plant the trees sooner than the, requires. V. 1, p. 92 Local officers are not allowed to enter land under the V. 1, p. 20 Of June 14, 1878, is a substitute for the law of 1864. V. 7, p. 25 Do not limit the right of contest to one person or one contest. V. 7, p. 137 Rule in simultaneous applications under the. V. 9, p. 199 The affidavit and application in, are considered as one paper, and if the affidavit is sworn to before the township is on file the application fails V. 9, p. 199 Where an application to enter under the, is pending, a homestead entry will not be allowed V. 9, p. 172 How the, does not limit the right of contest. V. 9, p. 64 Neither Registers nor Receivers of local district land offices are entitled to a commission of one per centum on the minimum value of lands entered under the . . V. 9, p. 240 The object of the, is attained if at final proof the party has on the land the required thrifty trees. V. 9, p. 98

The facts in this case show a substantial compliance with the. V. 9, p. 64

A season of drought cannot

breaking required by the

The planting shown herein is tion within the

excuse the

V. 9, p. 79 not cultiva

V. 9, p. 70 by the, and

Cottonwood tree is recognized land upon which trees of this kind are found in abundance is not subject to timber culture entry V. 9, p. 233 The contestant under, is defined by the act of May 14, 1880. V. 9, p. 215 Without a right of contest under the, there can be no preference right under the act of May 14, 1880 . V. 9, p. 173 Á successful contestant has thirty days to make entry. In the meantime, no one can enter other land in the same section under the V. 9, p. 36

Timber Culture Application.

Case of alleged simultaneous. V. 7, p. 137 Timber Culture Claim.

A qualified party may relinquish part of his, and enter same under homestead act of March 3, 1879.

V. 8, p. 122 Offering to sell is insufficient ground for contest . V. 8, p. 93 It does not appear that the widow or heirs, if any, authorized the administrator to relinquish their right to the ... V. 9, p. 173 The, of a deceased party can be relin

quished only by the heirs or legal representatives V. 9, p. 37 When a party who alleges that a, has been sold or relinquished may contest.V. 7, p. 105 Timber Culture Claimant.

Circular of March 10, 1880 . . V. 7, p. 23 Has until the end of the last day of the year to do the required breaking. .V. 7, p. 39 One party's failure to show non-compliance of, does not bar another from showing his non-compliance . . . . . V. 7, p. 3

Where a, believed he had broken ten acres, but which lacked a fraction . . V. 8, p. 180 Upon cancellation of a relinquished part of a timber culture claim a, may, if he is the first legal applicant, enter any part of the land as a homestead V. 4, p. 85

Injured by grasshoppers Have the right to select the particular part to be cultivated in timber. . .

V. 4, p. 68

V. 5, p. 87 V. 3, p. 205

Must break ten acres when. Where, fails to do the breaking required by the act of March 13, 1874, within one year, his entry, should be canceled. . . V. 4, p. 21

A pre-emptor's right to land attaches from date of settlement and, from date of entry. V. 3, p. 3 Where a, shows that he was purposely misled by the local officer, his rights should not be prejudiced V. 5, p. 119 Where a, dies, not having complied with the law, his heirs have no rights.

V. 4, p. 134 Where a, dies, leaving a widow and heirs, his rights to go to the heirs and not to the widow . . . V. 4, p. 162 Lands covered by a timber culture entry subsequently cancelled may be entered under the pre-emption laws, though the preference right is with the homestead or, who contests. V. 4. P. 54

Where a pre-emptor has falsely alleged that he settled prior to the date of the timber culture entry, two courses may be pursued by the, to protect his rights . . . V. 3, P. 3 Application of the Atherton vs. Fowler decision to a contest between a pre-emption claimant and a . . . . V. 6. p. 113

A, may relinquish a portion of the land embraced in his entry and hold the remainder. V. 2, p. 133 Timber Culture Contest.-See ContestHearings.

The rules governing homestead contests govern. V. 2, p. 39; V. 9, p. 64 A party can institute only one at a time. V. 9, pp. 186, 233 subject to contest default there is no

Although an entry is whenever the party is in valid reason for subjecting him thereto when the fault is cured . . . . V. 9, p. 98 Where a, involves only the character of the land, and not compliance with law, the contestant acquires no preferred right of entry. V. 9, p. 198 Notwithstanding allegations that the, was illegal at inception, the contestant is allowed the preference right of entry V. 9, p. 118 Proceedings where a party who has hereto

fore contested a, but failed to file his application to enter. V. 9, p. 215 The contestant must show that the party to a, has not complied with the law. V. 9, p. 28 When it is too late for the defendant to take advantage of the variance between the notice and affidavit in a . V. . 9, p. 151 A contestant should specify the year, and wherein a timber culturist failed to comply with the law. . . V. 7, p. 105 As a condition precedent to a second contest against the same, the former case must have been finally adjudicated, including appeal... V. 9, p. 64 The act of June 14, 1878, restricts a contest against a prior entry to one who seeks to enter under the timber culture or homestead laws, and in the absence of any such application, there is no right to contest. V. 9, p. 173

Dismissed because the affidavit did not allege facts sufficient to constitute a cause of action, in that it failed to allege that the defendant failed to plow or break or do the planting required by the . . . . V. 9, p. 151 Timber Culture Entry.

General circular.

V. 2, p. 75

Where there are no district officers.

Who may make .

V. 4, p. 25

V. 1, p. 26 Caution to local officers as to. V. 5, p. 118 Application rejected because the affidavit upon which it was based was executed while another, covered the land V. 4, p. 134 There is no law for a second. V. 3, p. 73 May be made of tract whereon a few scattering trees are growing near a stream. V. 7, p. 166 A, cannot be commuted. A few scattering willows and stumps will not characterize land as timber within the meaning of the timberculture act. V. 1, p. 92 Where the timber has been cut off, the land is not subject to V. 6, p. 154

The requirements for a, of 120 acres.

V. 3, p. 72 What are pre-requisites to the allowance of a-he who first complies with the conditions for a timber culture entry obtains priority of right V. 3, p. 38

Land upon which trees are growing more than five inches in diameter is not subject to. V. 3, p. 181 Where a natural growth of timber, varying from six to thirty inches in diameter, is scattered over eighty acres of a quarter-section, such tract is not subject to timber culture entry... V. 9, p. 172 Cottonwood tree is recognized by the timber culture act and land upon which trees of this kind are found in abundance is not sub

ject to timber culture entry. . . V. 9, p. 233 Certain land is not subject to timber culture entry. V. 9, p. 198 Is not restricted to technical quarter sections; entry of parts of a section is permitted. V. 3, p. 172 When a party applies to make a, of land which appears upon the township plat as already timbered

V. 3, p. 73

When a, made by the preferred claimant takes date V. 4, p. 21 No preference right to a party to enter land embraced in a, who files a relinquishment. V. 4, p. 77

The preference right of a contestant in a, is not prejudiced or defeated by a voluntary relinquishment after contest has been instituted. V. 4, p. 21

A party cannot enter under the homestead law a part of the land embraced in his. V. 4, p. 85

A party cannot alienate any portion of his, for cemetery or village purposes. V. 1, p. 92 A prior pre-emption settlement will defeat V. 1, p. 92

a

A certain tract on which timber is growing is subject to .. V. 4, p. 85 A pre-emption filing cannot be transmuted V. 3, p. 179 Relinquishment of, to homestead the land. V. 3, pp. 38, 134

to a

Parties who have made, cannot commute by paying the government price per acre for the land. V. 2, p. 39

In case the contestant of a, should fail to take advantage of his preference right and the cancellation of the entry, the land would become subject to disposal under the pre-emption or homestead law . . . V. 3, p. 178

A, on substantial compliance with law will be submitted to the board of equitable adjudication if no adverse claim exists .V, 6, p. 126

In contests, the required affidavit must be filed, and the published notice must be properly prepared. V. 4, p. 76

When a contest has been initiated against a, the party has the preference right, if the first entry is canceled for relinquishment. V. 4, p. 77 The fee and commissions must be tendered at the time of instituting the contest against. V. 4, p. 149 V. 3, p. 72

Relinquishment of a. Instructions for contests against. V. 3, p. 22 What is an adverse claim to a. V. 6, p. 126 Upon cancellation of a relinquished part of a, the claimant may, if he is the first legal applicant, enter such part of the land as a homestead V. 4, p. 85

Contestant of, has preference right of homestead entry, and reasonable time should be allowed to complete same .. . V. 7, p. 39 Improvements made by contestee after beginning of contest cannot accrue to his benefit.. V. 7, p. 39 A relinquishment of a, entitles the filer to preference right V. 7, p. 6 only after

A patent can be issued on a, eight years

The requirements in a, must complied with . .

V. 7, p. 7

be strictly

V. 7, p. 39 be held.

How a hearing to contest, cannot

V.

7, p. 39 Abandonment is not a ground for contest of. V. 7, p. 25

An excess above 160 acres not to exceed 20 acres may be embraced in a . . V. 7, p. 6 Act for repayment of purchase money in. V. 7, p. 78