To examine indemnity swamp land selections. V. 5, pp. 73, 173 A party cutting timber and selling it to a railroad is not an, when.. V. 8, p. 94 Instructions under Act of April 26, 1882.

V. 9, p. 52 An, of a right-of-way railroad is one whose name is borne on the regular pay-rolls as an employé V. 9, p. 38

A railroad contractor can not be an.

V. 9, p. 38 The facts do not show agency, but purchase of claimant's interests, and the claimant was not in possession of the coal mine. V. 9, p. 193 The work on a timber culture claim can be done by the entryman, his, or his vendor. V. 9, p. 63 The affidavit and application in timber culture entries cannot be made by an.

V. 9, p. 64 Where an, fails to do the breaking required in a timber culture entry within the statutory period, the laches will be cured if the entryman procures breaking before contest.

V. 9, p. 174 Can do timber culture breaking and planting. V. 8, p. 92 The owner and applicant for patent for mining claim is required to file his own application; it cannot be filed by an. V. 6, p. 122 In case an, makes affidavit that each member of an unincorporated mining company is a citizen, it must be shown that he is duly authorized. V. 5, p. 146 Under the mining laws the affidavit of continuous posting of notice on the claim, and affidavit of compliance with laws, etc.. are required to be made by the claimant, and not by an . . . V. 6, p. 92 Or attorney of an incorporated mining company may swear to an adverse claim for such company V. 1, p. 132 Residents temporarily absent may apply for a mine by. V. 7, p. 20 How far a local land officer as, can bind the government. V. 7, p. 150 Real estate. V. 5, p. 142; V. 6, p. 129; V. 7, pp. 124, 125; V. 8, p. 31

Agreement in Contract.

If no adverse claim is filed during the required period of publication, no, of parties can control this statutory provision. V. 9, p. 5 Real Estate. V. 5, p. 143; V. 6, pp. 131, 142; V. 7, p. 126; V. 8, pp. 31, 68, 101 Agricultural Claimants.-See Pre-emptorHomestead.

Instructions in case of hearings to determine the character of land sought to be entered by.. V. 1, p. 180 Where hearings between miners and an, may be held.. V. 7, p. 164 The mineral claimants failing to show affirmatively the mineral value of the land, it is awarded to the.... V. 9, p. 164 Agricultural College Act. An act to amend the. Agricultural College Scrip. Circular of July 20, 1875..

V. 9, p. 44

V. 2, p. 90

Duplicate under act of June 20, 1874.

Duplicate issued.

Duplicate issued when.
Locations of. . . V. 2, p. 69;

Agricultural Entry.

tracts.

V. 2, p. 92

V. 1, p. 61

V. 1, p. 108

V. 4, p. 172

How an, of part of lode claim affects the application for patent. V. 9, p. 34 Agricultural Lands.-See Non-mineral. Presumption as to, in case of unsurveyed V. 8, p. 18 Land designated as mineral, but actually, is only subject to pre-emption after segregation by the Secretary of the Interior. V. 3, P. 3 The Secretary of the Interior is authorized to designate certain lands as, under law of July 26, 1866.. V. 1, pp. 18, 114 Certain mineral lands, sold as. . V. 3, p. 46 Manner of taking testimony in establishing the mineral or non-mineral character of land. V. 5, p. 179 The rule in the "Boston Mining Case" applies to the mining claims, not to.

V. 6, p. 188 Adverse claimant is estopped from alleging that certain land is. V. 3, p. 2 Clear and positive proof can alone overcome the mineral return of land near valuable mines. . . V. 7, p. 36 Withdrawals of by Secretary Delano, revoked. V. 7, p. 36 Mineral lands in Arkansas cannot be sold V. 7, p. 23

as.

Agricultural Patents.

Excepting clauses in placer and. V. 2, p. 82

Alabama.

Repealing section 2303, R. S.,

Instructions under act of June

Coal and iron lands in, proof

concerning. V. 3, P. 74 22, 1876. V. 3, p. 115 concerning. V. 8, p. 5

Pre-emptions and private entries in.

V. 8, p. 58 Public notice No. 854 of sales at Huntsville. V. 7, p. 74

Alabama & Chattanooga R. R. Co. Railroad grant of 1856 to the, considered. V. 9, p. 200

Alcalde Grants.-See Private Land Claims. Real Estate. V. 7, p. 75 Alien.-See Naturalization—Citizenship. Homestead entry by an unnaturalized, allowed to stand. V. 9, p. 213 Only courts having clerks separate and distinct from the judges are competent to naturalize . V. 9, p. 72 A homestead entered by a, must be canceled. V. 9, p. 191 An, under the donation acts must have filed his declaration of intention prior to Dec. 1, 1851. V. 1, p. 130 V. 6, p. 196 Cannot locate or hold mining claims.

Under the Oregon donation act.

V. 5, p. 27 Cannot hold a mining claim prior to issuance of patent therefor. V. 3, p. 18

.

An, may purchase land and hold it until office found under the act of July 23, 1865, unless expressly prohibited. V. 5, p. 82 A purchaser from an, may re-locate the claim and thereby acquire a possessory title. V. 3. p. 18 The purchaser from, of an unpatented mine acquires no title thereto. . V. 3, p. 18 A mining claim sold to an, cannot be patented... V. 3, p. 69 Locators and intermediate owners other than applicants will not be presumed, in the absence of allegation or objection prior to issuance of patent. . V. 2, p. 2 Mining locations by, also by alien and citi V. 8, p. 79 A, may make mining location, and dispose of it, provided he becomes a citizen be-1 fore disposing of the mine. V. 1, p. 178

zen..

Patentable under the mining law. V. 1, p. 111 Regulations governing the entry of lands crntaining borax, alkaline earths, asphalt, sulphur and.. V. 9, p. 210 Amendment.

Real estate.

Proceedings where by mistake homesteader entered land in another district not including his improvements. V. 8, p. 192 V. 8, pp. 48, 67 A declaratory statement on file in the proper office is notice to the world of the location and extent of a pre-emption claim- no subsequent, except for error or mistake, can operate to defeat a right initiated prior to such amendment. . . V. 1, p. 115

Of homestead papers. V. 1, pp. 26, 180. Amicus Curiæ.-See Protestant.

A party having no interest in a mining ap plication, but standing in the relation of, (friend of the court) or protestant has no right of appeal from any decision in the case.

V. 3, p. 194; V. 4, p. 34 Where parties appear as, the law should be more liberally construed in favor of the applicants for patent. V. 2, p. 5

Amygdaloidal Bands.

A mineral deposit. .

Annual Expenditures.-See Expenditure. Apis, Jose and Pablo.

Adjudication of title of...

Appeal.

V. 1, p. 12

V. 5, P.

189

No, from the Secretary of the Interior's decision to the Attorney-General. . V. 4, p. 108

In hearings to clear the record. V. 5, p. 191 The rules of practice of the Interior Department in the matter of, must be complied with. V. 4, p. 69 Decisions of the General Land Office become final on failure to file, within the time allowed. V. 3, p. 29 The decision of the Commissioner in a contest from which no, was taken becomes final. V. I. p. 148 V. 2, p. 153; V. 5, p. 135 V. 2, p. 75

Under rules of practice.

Presentation of. An, does not lie from a reply by the Commissioner of the General Land Office to a mere letter of inquiry. . V. 3, p. 3 An, may be taken from the action of the Surveyor-General in approving a survey. V. 1, p. 133

Where no, is taken from a decision of the Commissioner of the General Land Office, such decision becomes final. . . V. 2, p. 83

A party who fails to, from a decision of the local officers waives his right. V. 4, p. 179 Failure of a claimant to, from the decision of a register and receiver is conclusive as to his rights. V. 6, p. 19 Where a party fails to, from the action of the local officers the award becomes final. V. 5, p. 13 If not taken in time, the decision becomes final. V. 8, p. 79 Unless, is taken decision of local officers is V. 8, p. 90

final.

To whose decisions Rules of Practice Nos. 93 to 97 inclusive, apply. . . . V. 8, p. 104 In view of diligence a certain, might be entertained.. V. 8, p. 178

A district land officer cannot extend the time prescribed for. V. 6, p. 124 Final, is to the President when.

V. 2, p. 185

An, should be made in writing, fairly and specifically stating the points of exception to the decision appealed from . . V. 4, p. 55

If in taking an, the points of exception to the decision of the General Land Office are not stated, the case will be transmitted to the Secretary for immediate action . . V. 4, p. 83 Copy of, must be served on appellee. V. 6, p. 153 Reasonable time should be allowed to perfect a defective. V. 6, p. 188 An, is of no effect where a certain mistake is made. V. 6, p. 188 Where an entry is held for cancellation, and sixty days are allowed for, no other proceedings can intervene . . . V. 3, pp. 19, 164

The refusal of the Commissioner to certify to the validity of bounty land warrant assignments prior to their location is not a subject of. V. 5, p. 127 An, from an interlocutory order will not lie. V. 6, p. 153 Where parties fail to take an, within the proper time, application for leave to appeal must be made to the Secretary of the Interior. V. 3, p. 29

If the Register refuses his certificate, relief

must be had by an, to the General Land Office . . V. 5, p. 50 | After an, is taken it is error to re-open a case and reverse the former decision on an ex parte statement V. 3, p. 70 An, removes a cause entirely, subjecting the law and the facts to review and re-trial.

cision

cases.

V. 3, p. 70 The ordering of hearings and investigations is a matter within the discretion of the General Land Office, and from which appeals do not lie. V. 2, p. 133; V. 6, pp. 4, 29 When an, is taken which in the opinion of the Commissioner of the General Land Office is unauthorized, he should at once report such appeal to the Secretary of the Interior for deV. 4, p. 66 A party having no interest in a mining ap plication, but standing in the relation of amicus curia (friend of the court) or protestant, has no right to, from any decision in the case. V. 3, p. 194; V. 4, p. 34 In the absence of an adverse claim a protestant cannot be an appellant from the decission of the Commissioner of the General Land Office. V. 6, p. 3 The parties who are entitled to, in mining . . . V. 4, p. 114 Where, by decree of a district court a Mexican grant has been rejected, and an appeal taken and allowed, but the, and record in the case were never filed with the Supreme Court the final rejection of the grant is held to be on the day of the expiration of the five years allowed for appeal . V. 1, p. 6 V. 5, p. 74 Does not lie from decisions of the Commissioner relative to orders for hearings and contests... V. 9, p. 92 Failure to, from an adverse decision ends the contest, and the party herein is allowed to purchase under the act of June 15, 1880. V. 9. p. 131 After, an informal notice, taken after the prescribed time, may be considered, and the case decided on its merits . . . V. 9, p. 186 A notice of, mentioned in Rule 86 of Practice, refers only to appeals from the Commissioner to the Secretary. Notices of appeal are not required to be served upon the opposite party in contests before the local offices.

Real estate.

V. 9. p. 171 The Land Office having given notice that thirty days would be allowed for, cannot withdraw that privilege. V. 9, p. 50 When ten days in additon to the usual thirty days will be allowed for . . V. 9, p. 70 As a condition precedent to a second contest against the same timber culture entry, the former case must have been finally adjudicated including. V. 9, p. 64

A party should be recognized as entitled to, who alleges a fact which if sustained will vitiate the proceedings in mining applications so far had, and leave the land open to a new prosecution for title thereto... V. 9, p. 111 Procuring an official survey is an ex parte proceeding, and only the claimant can take an. V. 7, p. 82

Is necessary to bring the local officers' decisions for review before the General Land Office . . V. 7, p. 153 In absence of, the local officers' award is final. . . V. 7, p. 34 When a time for, begins to run. V. 7, p. 35 Will lie as to the proper execution of the survey of a private land claim. . V. 7, p. 40 How carried on under new Rules of Practice.. V. 7, p. 172 The Department is liberal in the allowance of. V. 7, p. 99 When the local officers' decision is subject to review without an. V. 7, p. 130 The failure of his attorney to, is the claimant's failure. V. 7, p. 19 When an, from the Commissioner's ruling is in time. V. 7. p. 69

Motion to dismiss, as improperly filed, is overruled. V. 7, p. 69 How cases may be reviewed. . V. 7, p. 163 Applegate, Jesse and D. W. Appropriation for surveying.

Applicant.

V. 4. p. 26

The first legal, takes the land under a homestead entry, notwithstanding the hardships it may cause a party living thereon and intending to homestead it. . . V. 2, p. 132 Applicant for Mining Patent.

The owner and, for mining claim is required to file his own application; it cannot be filed by an agent. V. 6, p. 122

.

An expenditure of $500 must be made by the, or their grantors, in case of a re-located mine. V. 1, p. 179 In applications for patent, proof of citizenship is not required of the original locators or intermediate owners, but of the, or adverse claimants only. . V. 1, p. 98

Locators and intermediate owners other than, will not be presumed aliens in the absence of allegation or objection prior to issuance of patent. V. 2, p. 2

Where an, for a mine claims the title through a deed signed by a party as executor of a deceased party. V. 3, p. 18 The, should not suffer by neglect of any officer.. .V. 2, p. 2

A stipulation between the, and a party claiming adversely, that such opposing party may file an adverse claim within twenty days after the period of publication is void. V. 6, p. 105 May abandon the part adversely claimed, and after survey receive a patent for the part not in controversy. V. 1, p. 82

Where the, acknowledges the superior right of the plaintiff to the part in dispute should not have a patent for the premises he owns. V. 3, p. 194

An action in equity to restrain, from further prosecution of their application is not such an action as can be noticed by the General Land Office. . . V. 1, p. 162

Any state of facts which shows that the person alleging the same has a better right than the, is the proper subject-matter of an adverse claim. V. 2, p. 68

The pendency of a suit commenced by the,

against the adverse claimant does not excuse compliance with the act of July 26, 1866.

V. 2, p. 5

A party not in interest, but amicus curiæ, cannot appeal where the, objects. V. 3, p. 194

Who fails to pay the government price or make an entry, can only protect his interest against a second applicant, how. V. 7, p. 147

Citizenship of, how proved. V. 8, pp. 5, 71 An investigation may be had as to whether, has complied with the law. . . . V. 8, p. 173 Application.

In writing is the foundation of all land en tries generally V. 7, p. 167 All, presented at the opening of a new land office may be considered as simultaneous. V. 9, p. 199. For change of entry by settlers. V. 5, p. 135 For early survey by settlers, how made.

V. 6, p. 77 Registers and receivers are not required to make out, for homestead or pre-emption settlers. V. 5, p. 147 Received prior to cancellation of existing entry. V. 4, p. 167 The local land officers have no authority to receive, to file on, or enter reserved lands.

V. 5, p. 84 An applicant acquires no rights by applying to enter a tract that is not, at the date of his, subject to entry.. V. 6, p. 51 For confirmation under act of April 21, 1876. V. 3, p. 116; V. 4, p. 20 The timber-culture act of March 13, 1874, recognizes a contestant as a party in interest, and allows him the privilege of placing his, to enter the land, on file in the local land office. V. 2. p. 117 The affidavit and, in timber culture cases are considered as one paper, and if the affidavit is sworn to before the township plat is on file the application fails . . . V. 9, p. 199 The affidavit and, in timber culture entries cannot be made by an agent. . . V. 9, p. 64

The act of June 14, 1878, restricts a contest against a prior timber culture entry to one who seeks to enter under the timber culture or homestead laws, and in the absence of any such, there is no right of contest.

V. 9, pp. 173, 198 Real estate. V. 5, p, 143; V. 7, p. 123; V. 8, p. 48 May be made by residents temporarily absent through an agent. V. 7, p. 20

Application for Mining Patent.

No one out of possession can make an. V. 7, p. 51 If properly located an unlimited area of placer land may be embraced in an.

V. 7, p. 4 When a request for a second survey of the same tract is made, the register's certificate that no, is pending must be filed. . V. 7, p. 51 A second, should not be received until when.. V. 7, pp. 115, 116 Proceedings where, conflicts with prior survey.. V. 8, p. 105 In an, complete abstract of title only is required.. V. 1, p. 178

Contracts for conveyance made before, are sufficient if full title was acquired before patent issued. . . V. 2, p. 2

.

A person or association may purchase as many placer locations as the local law permits and embrace them all in one. V 1, p. 134

An, for a mining claim, signed by one joint owner for himself and his co-claimants, should be recognized as the application of all the owners; the acts of the attorneys are the acts of the claimants themselves. V. 3, p. 196

An expenditure of more than fifteen hundred dollars by the owners of an adjoining mine on the portion of a tunnel running through the premises embraced in an, is an expenditure under the mining law upon the claim applied for. . . V. 4, p. 67

When the Register designates the daily issue of a newspaper for publication of notice of a mining, it should not be changed to the weekly edition. . V. 3, p. 18 Proof required in, where proceedings were had against co-owners of a mine who failed to pay. V. 4, P. 50 Withdraws a mining claim from market; no other survey should be approved by the surveyor-general, until the first, is disposed of. V. 1, p. 133

Until, is set aside it is not waived or forfeited.. V. 2, p. 66 An, under the mining acts takes the premises out of the operation of the local laws. V. 2, p. 66 A survey under the mining act does not withdraw the land from sale unless followed by. V. 4. P. 35

In case a mill-site for which an, is made, is alleged to be non-mineral, a hearing may be ordered.. V. 5. p. 51

In, for mines on the Comstock Lode hearings may be had to determine whether they have been benefited or drained by the Sutro tunnel.. V. 3, p. 114

The examination of an, may go beyond the papers in the case, and into the general records of the Land Department, and if any part of the premises have been previously disposed of, an exception should be inserted in the patent. V. 1, p. 82 The owners of mines may make, the same as though no homestead entry had been allowed.. V. 4, p. 17 A protestant in a mining, has no right to appeal from the decision of the Commissioner of the General Land Office. V. 4. p. 34

A protestant against an, under the mining act has no right to appeal from the decision of The Commissioner of the General Land Office. V. 4, p. 3

Where parties appear as friends of the court the law should be more liberally construed in favor of the.. V. 2, p. 5

Any one affected by an, may appear before issue of patent and show from the record that the applicant has no right to premises. V. 1, p. 25

The objection that applicants did not have title at the date of, is insufficient unless clearly shown. V. 2, p. 2