tified to any railroad company when such lands have been entered by a preemption or homestead settler after the location of the line of the road and prior to the notice to the local land office of the withdrawal of such lands from market.

A. RAILROAD GRANTS.

1. RELINQUISHMENT SELECTION OF LIEU LANDS.
2. MINERALS EXCLUDED

EXCEPTIONS.

1. RELINQUISHMENT SELECTION OF LIEU LANDS.

This act intends that the railroad company shall be entitled to lands equally valuable and equivalent in exchange for any lands relinquished or surrendered found in the possession of actual settlers, with the limitation that in the selection of the lieu lands they must be nonmineral in character, but they may be within the limits of the grant if not otherwise appropriated at the date of the selection.

Southern Pac. R. Co., In re, 18 L. D. 275, pp. 276, 278.

This act gives the railroad company, upon relinquishment of title to land entered, the right to select an equal quantity from other lands not mineral, within the limits of the grant, not otherwise appropriated.

Tucker v. Florida R., etc., Co., 19 L. D. 414, p. 416.

2. MINERALS EXCLUDED- -EXCEPTIONS.

The mining statutes, with reference to minerals found in the public domain, did not limit the lands to those containing valuable metals, such as gold, silver, cinnabar, and copper.

Florida Central & Peninsular R. Co., 26 L. D. 600, p. 601.

The word mineral, as employed in this act, can not be construed to include lands containing deposits of phosphate.

Tucker v. Florida R., etc., Co., 19 L. D. 414, p. 416.
See Union Oil Co., In re, 23 L. D. 222, p. 227.

21 STAT. 140, MAY 14, 1880.

PREEMPTION, HOMESTEAD, AND TIMBER-CULTURE ENTRIES.

AN ACT For the relief of settlers on public lands.

Be it enacted, etc., That when a preemption, homestead, or timberculture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commissioner of the General Land Office.

SEC. 2. In all cases where any person has contested, paid the landoffice fees, and procured the cancellation of any preemption, homestead, or timber-culture entry, he shall be notified by the register of the land office of the district in which such land is situated of such cancellation, and shall be allowed 30 days from date of such notice to enter said lands: Provided, That said register shall be entitled to a fee of $1 for the giving of such notice, to be paid by the contestant, and not to be reported.

SEC. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether sur

veyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead application and perfect his original entry in the United States Land Office as is now allowed to settlers under the preemption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if he settled under the preemption laws.

A. SETTLERS' RELIEF ACT.

1. CONSTRUCTION.

2. APPLICATION OF ACT.

3. RIGHTS CONFERRED.

4. PREFERENCE RIGHT OF ENTRY.

See 21 Stat. 287, p. 1285.

1. CONSTRUCTION.

The construction placed upon this act does not conflict with existing rules and regulations governing entries under the mineral and coal-land laws.

Hobbs, In re, 1 Copp's Pub. Lands 161, p. 162.

2. APPLICATION OF ACT.

Neither the original act nor the amended act has any application to a purchase under the act of June 3, 1878 (20 Stat. 89), nor the amendment of August 4, 1892 (27 Stat. 348).

Manners Construction Co. v. Reese, 31 L. D. 408, p. 409.

Section 2 of this act must be construed to apply to entries of coal lands under the act of March 3, 1873 (17 Stat. 607).

Hobbs, In re, 1 Copp's Pub. Lands 161, p. 162.

Section 2 gives an original right of entry to any person who has contested, paid the land-office fees, and procured the cancellation of any preemption, homestead, or timber-culture entry.

Dornen v. Vaughn, 16 L. D. 8, p. 10.

3. RIGHTS CONFERRED.

Inchoate rights in mineral lands in Alabama acquired under this act are permitted by the act of March 3, 1883 (22 Stat. 487).

Jones, In re, 11 C. L. O. 260.

This act confers no rights until after entry is made and then only as against adverse or intervening claimants, and cuts off or defeats any rights that ordinarily would have inured to the settler failing to file his application at the local office prior to the

enactment.

Lalley, In re, 10 C. L. O. 55.

4. PREFERENCE RIGHT OF ENTRY.

The preference right of entry given a successful contestant by this act extends to an agricultural claimant who has successfully contested a mineral claim. Dornen v. Vaughn, 16 L. D. 8, p. 10.

See Richardson v. Wilson, 41 L. D. 275, p. 277.

Neither a declaratory statement nor an application is an entry or an equivalent thereof, within the meaning of this act, which grants a preference right of entry only to one who contests, pays the fees, and procures the cancellation of an entry. Richardson v. Wilson, 41 L. D. 275, p. 277.

21 STAT. 237, JUNE 15, 1880.

TRESPASS-CONDONED BY PURCHASE.

AN ACT Relating to the public lands of the United States.

Be it enacted, etc., That when any lands of the United States shall have been entered and the Government price paid therefor in full no criminal suit or proceeding by or in the name of the United States shall thereafter be had or further maintained for any trespasses upon or for or on account of any material taken from said lands, and no civil suit or proceeding shall be had or further maintained for or on account of any trespasses upon or material taken from the said lands of the United States in the ordinary clearing of land, in working a mining claim or for agricultural or domestic purposes, or for maintaining improvements upon the land of any bona fide settler, or for or on account of any timber or material taken or used by any person without fault or knowledge of the trespass, or for or on account of any timber taken or used without fraud or collusion by any person who in good faith paid the officers or agents of the United States for the same, or for or on account of any alleged conspiracy in relation thereto: Provided, That the provisions of this section shall apply only to trespasses and acts done or committed and conspiracies entered into prior to March 1, 1879: And provided further, That defendants in such suits or proceedings shall exhibit to the proper courts or officer the evidence of such entry and payment and shall pay all costs accrued up to the time of such entry.

SEC. 4. This act shall not apply to any of the mineral lands of the United States; and no person who shall be prosecuted for or proceeded against on account of any trespass committed or material taken from any of the public lands after March 1, 1879, shall be entitled to the benefit thereof.

A. APPLICATION OF ACT TO MINERAL LANDS.

B. PURCHASE OF LANDS CONDONES TRESPASS.

A. APPLICATION OF ACT TO MINERAL LANDS.

This act does not apply to the mineral lands of the United States and persons committing trespasses on such lands are not entitled to the benefit of the act. Coe, In re, 2 L. D. 829, p. 830.

Lands of known mineral character were not purchasable under section 2 of this act. Banks, In re, 16 C. L. O. 74.

B. PURCHASE OF LANDS CONDONES TRESPASS.

The statute contemplates that persons who commit trespass on nonmineral public lands prior to March 1, 1879, may condone the offence by purchase of the lands at the Government price.

Coe, In re, 2 L. D. 829.

The failure of a settler to comply with the homestead laws with regard to settlement and residence does not affect right to purchase the land under section 2 of this act. Williams, In re, 11 L. D. 462, p. 463.

The second proviso of this act is a limitation upon the first, but it does not protect from the operation of the first proviso an application to purchase under the second section of this act.

Caste, In re, 3 L. D. 169, p. 174.

Banks, In re, 16 C. L. O. 74.

A fraudulent entry can not constitute a basis of purchase under this act.

Williams, In re, 11 L. D. 462.

See Cone, In re, 7 L. D. 94.

21 STAT. 287, chap. 244, JUNE 16, 1880.

CANCELLATION OF ENTRIES-REPAYMENT OF FEES.

AN ACT For the relief of certain settlers on public lands and to provide for the repayment of fees, purchase money, and commissions paid on void entries.

Be it enacted, etc. *

SEC. 2. In all cases where homestead or timber-culture or desertland entries or other entries of public lands have heretofore or shall hereafter be canceled for conflict, or where, from any cause, the entry has been erroneously allowed and can not be confirmed, the Secretary of the Interior shall cause to be repaid to the person who made such entry, or to his heirs or assigns, the fees and commissions, amount of purchase money, and excesses paid upon the same upon the surrender of the duplicate receipt and the execution of a proper relinquishment of all claims to said land, whenever such entry shall have been duly canceled by the Commissioner of the General Land Office, and in all cases where parties have paid double minimum price for land which has afterwards been found not to be within the limits of a railroad land grant, the excess of $1.25 per acre shall in like manner be repaid to the purchaser thereof, or to his heirs or assigns.

2. REPAYMENT IN CASE OF ERRONEOUS ENTRY ONLY.

3. WHO ARE ENTRYMEN ENTITLED TO RELIEF.

4. ASSIGNEES ENTITLED TO RELIEF.

5. NO REPAYMENT ON FRAUDULENT ENTRY.

1. CONSTRUCTION AND APPLICATION OF ACT.

See 21 Stat. 140, p. 1216.

*

This act proceeds upon equitable principles and is intended to be administered accordingly and is to be interpreted with appropriate regard of the spirit that prompted it.

United States v. Colorado Anthracite Co., 225 U. S. 219, p. 223.

The act of March 26, 1908 (35 Stat. 48), is supplemental to this act and was intended to apply particularly where mineral entries were disallowed or canceled and to authorize repayment of the purchase money in such cases.

Hawk, In re, 41 L. D. 350, p. 352.

2. REPAYMENT IN CASE OF ERRONEOUS ENTRY ONLY.

A repayment may be made where an entry has been erroneously allowed and can not be confirmed.

Hudson Min. Co., In re, 14 L. D. 544.

See Thomas, In re, 13 L. D. 359.

Bell, In re, 39 L. D. 191.

Where a mineral entry was canceled because of lack of proof as to discovery, a repayment of the price is not authorized under this act, although the claimant's expenditures clearly shows an honest belief on his part that a valuable deposit of placer gold might be developed on the premises.

Hawk, In re, 41 L. D. 350, p. 352.

Where a mineral entry was not erroneously allowed or canceled for conflict, repayment of the purchase price was not specifically authorized under this section.

Hawk, In re, 41 L. D. 350, p. 352.

The entire interest in a mining claim is not required to be represented in an application for repayment before return of any part of the purchase money can be made, as such return may be made to one who showed but a partial interest according to the proportion of his interest.

Harper, In re, 23 L. D. 249, p. 250.

3. WHO ARE ENTRYMEN ENTITLED TO RELIEF.

A person making an entry, although making it for the benefit of another who furnished the purchase price, is an entryman within the meaning of this section. United States v. Colorado Anthracite Co., 225 U. S. 219, p. 222.

4. ASSIGNEES ENTITLED TO RELIEF.

Persons who purchase mineral lands after entries are completed and take assignments of the title are assignees within the meaning of this statute authorizing the return of the purchase money.

Harper, In re, 23 L. D. 249, p. 250.

An assign within the meaning of this section is one who becomes invested with the entryman's right in the land through some voluntary act of such entryman.

United States v. Colorado Anthracite Co., 225 U. S. 219, p. 223.

5. NO REPAYMENT ON FRAUDULENT ENTRY.

An assignee of a fraudulent entryman seeking to obtain title to coal land under the coal mining statute is not entitled to a repayment of the purchase price, though furnished by such assignee, where the entry is canceled by reason of the fraudulent conspiracy to obtain the land, as in such case the entry is not canceled because "erroneously allowed."

United States v. Colorado Anthracite Co., 225 U. S. 219, p. 224.

If a tract of land were subject to entry and the proof showed a compliance with the law, and the entry should be subsequently canceled because the proofs were shown to be false, it could not be claimed that the entry was "erroneously allowed," and in such case repayment is not authorized by this section.

United States v. Colorado Anthracite Co., 225 U. S. 219, p. 224.

Persons conspiring to obtain coal land under the provisions of sections 2347 to 2352 of the Revised Statutes are not entitled on cancellation of the entry to repayment under the provisions of this statute, because they are not entitled to invoke the principles of an equitable and remedial statute.

United States v. Colorado Anthracite Co., 225 U. S. 219, p. 224.