Selection within granted limits confers no
right to land not granted
Defeated by pre-emption claim for offered
land existing at definite location, though the
settler had failed to make proof and pay.
ment within the statutory period
Hearing ordered to determine the status
of an alleged adverse settlement claim...... 473
A pre-emption claim at the date of definite
location excepts the land covered thereby
from the grant to the Union Pacific........ 553
If the preference right of purchase under
a pre-emption claim exists at definite loca-
tion the land is excepted thereby, though
actual habitation may have ceased prior
thereto
The Department has power to make in-
demnity withdrawals, though no express au-
thority therefor is conferred by the grant.. 650
Executive withdrawal not effective until
notice thereof is received at the local office. 650
Indemnity withdrawal does not take effect
upon land covered by pre-emption claim
(Northern Pacific)...........
.... 566
Within the forty miles limit (Northern
Pacific) a statutory withdrawal followed the
filing of the map of general route....... 295
Lands within the indemnity withdrawal
for the Atlantic and Pacific were excepted
from the grant to the Southern Pacific...... 691
Withdrawal on general route (Northern
Pacific) did not take effect on land covered
by a pre-emption claim......
LANDS EXCEPTED FROM THE GRANT.
Revocation of withdrawal effected by ap.
propriation of the land and its subsequent
restoration to the public domain.......
Land appropriated when the map of general
route is filed, but free prior to definite loca-
tion, is not held to await the same, but is
subject to the first legal application (North-
ern Pacific).
Santee Sioux, not opened to entry prior
to the receipt of Indian allotments........ 311
Distinction between, and Indian lands. 138, 343
Sixteenth article of treaty of April 29,
1868, did not reserve the land described
therein as "north of the North Platte River
and east of the Big Horn Mountains"...... 343
Entry within abandoned military, not an
thorized by the act of July 5, 1884, except on
settlement prior to January 1, 1884, and con-
tinnous occupation thereafter...........555, 632
The disposition of all abandoned military,
not theretofore disposed of governed by the
act of July 5, 1884..
Should be received when presented and
entry canceled.....
Local office authorized to cancel desert
entry on receipt of.
Not authorized where the purchase price
of land has been twice paid......
Not allowed except under specific statu
tory authority..
No authority for the return of the excess
where the land was improperly sold as
double minimum ....
316
Not allowed if the entry was fraudulent. 319
Application for, pending appeal from order
of cancellation is a waiver of the appeal.... 409
Allowed for double minimum excess paid
on land afterwards found not to be within
the limits of a railroad grant.
Allowed where entry cannot be confirmed
in its entirety.....
Scope of executive order of, for public
purposes
For a public purpose, distinguished from
a, for the benefit of a railroad grant...... 49
Inadvertent notation of warrant location
on local office records does not constitute... 202
Effect of informal notation of record..... 352
As effected by military occupation...... 376
Exists until formal order of revocation.. 432
Once established, can only be changed
when the act and intent of the settler unite
to effect such change.......
Claim of, not consistent with apparent
evasion of the law...
The act of 1857 allowing 5 per cent. to the
States on sales of former Indian lands only
applicable to the States then in the Union. 712
The declaration common to the acts ad-
mitting the States that "all laws not locally
inapplicable shall have the same force and
effect within that State as in the other States
of the Union" does not enlarge a specific
grant.......
The payment of the 5 per cent. to Kan-
sas was limited to sales of public lands, and
cannot be allowed on sale of Indian trust
lands.......
No new act of, required of one on land at
the date of its becoming subject to......... 249
Priority of, considered as between two
settlers on appropriated land.......147, 238, 358
On school lands before survey
14
On restored railroad lands under act of
January 13, 1881...
Of homesteader is protected as against
later settlers for three months only, after
which period the next settler in point of time,
who has complied with the law, is entitled
to priority......
The notice given by, and improvement
confined to the quarter section defined by the
public survey ..........
........141, 555
Purchase of improvements equivalent to
To reach the obvious purpose of, "and"
is construed " or "
See School Land, Swamp Land.
Territorial school indemnity selections re-
serve the land covered thereby
The States of California and Nevada al-
lowed to take double minimum land in satis-
faction of the Agricultural College grant.. 543
Suspension of township plat.......
Payment of increased rates not authorized
except on conclusive showing of the plat
and field-notes
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