Pago.

Page.

Certiorari.

Supervisory authority of the Depar.-
ment.....

.......

..2, 423
The supervisory authority of the Depart
ment is exercised under certain rules form-
ulated to avoid confusion in practice....... 396
Will not be granted if it is apparent that
the failure to be heard on appeal, or through
motion for re-hearing, was the result of the
applicant's negligence.....

Supervisory authority may be exercised
on motion for review of a decision denying
the writ.........
May be granted, if it appears that the ap
plicant is entitled to relief, though he may
have failed to appeal in time.

396

423

423

Is speculative if brought for the purpose
of, securing a speculative entry............ 248
The claimant not entitled to a dismissal
of, on showing the contestant's death as the
Department may proceed against the entry. 598
The hardship resulting from an order of
cancellation does not warrant the Depart-
ment in ignoring the requirements of law.. 584
HOMESTEAD.

Does not require that the contestant
should assert a claim to the land involved.. 584
The rule that a contest is premature if be-
gun before the expiration of six months and
a day after entry can only be invoked by

294

552

552

See Evidence, Jurisdiction, Practice.

GENERALLY.

Contestant.

The right to make a second recognized
where the first, made in good faith, was
abandoned on account of conflict with the
bona fide pre-emption claim of another.... 100
The right to make second accorded where
the first through no fault of the entryman
was made for land covered by a prior bona
fide pre-emption claim...

Second allowed, where the first, for equi-
table reasons, was relinquished on account
of conflict with the prior settlement right
of a pre-emptor who was in default in the
matter of submitting proof......................

Second allowed, where the first was made
in good faith for land afterwards held not
subject thereto, and accordingly canceled
on relinquishment...

Second may be made where the first was
relinquished under the belief that it could
not be maintained without danger to the en-
tryman's life......

Second allowed where the first covered
land not habitable, and the reasons there-
fore were not discoverable by ordinary dil-
igence

The right to make a second will not be
accorded, where the first was for land sub-
ject thereto, and failed through the fault of
the entryman

98

131

137

587

507

96

Right to make second under the act of
March 2, 1889; circular of March 8, 1889... 314
Additional under the act of March 2,
1889, allowed to include a tract of adjacent
land intended to be covered by the original
entry on which patent had issued.....

Right to apply for additional, under the
act of March 2, 1889, treated as a preferred
right in case pending at the passage of said
act....

536

Entry should be sent to the Board of
Equitable Adjudication where made after
the expiration of the statutory period..... 355
Joint, not allowed unless the settlement
was prior to the survey in the field.......
An alien, who settles prior to survey in
the field and files declaration of intention
to become a citizen before approval of the
survey, is entitled to make joint......
Conflicting settlement rights acquired
prior to survey may be adjusted by allow
ing either settler to enter the entire tract, on
condition that he tenders the other a writ
ten agreement to convey to him that portion
of the land covered by his rightful occupa
tion......

500

TIMBER CULTURE,

474

Preference right to apply for second un-
der the act of March 2, 1889, accorded in case
pending at the passage of said act.......... 457
By commutation the original is merged
into the cash entry, and the cancellation of
the latter involves the cancellation of the
former

Commuted may be sent to the Board of
Equitable Adjudication, where residence
was not established within six months from
date of the original entry.

The preliminary affidavit is statutory,
and the Department has no authority to add
thereto

Allowed on preliminary affidavit executed
outside of the State where the land is sit-
uated is voidable, but may be amended, to
relate back to the original entry, in the ab
sence of adverse right....

536

536

651

The sole devisee of a deceased entryman
considered as a "legal representative.".

452

566

The phrase devoid of timber," should
be construed as meaning land practically
so; no arbitrary rule can be formulated to
cover every case......

Former rulings of the Department on the
phrase "devoid of timber," cited and com-
pared

558

38

467

294

467

Land not excluded from, by a scanty
growth of brush lining the banks of a small
stream that passes through the section.... 534
Should not be allowed if the returns show
timber in the section; but a hearing may
be had, if the correctness of the return is
questioned, to determine whether the land
is subject to entry

Not allowed, though the land applied for
has but few trees thereon and is the only
public land in the section, if the section is
not "devoid of timber."

Held for cancellation on account of con-
flict with the prior settlement right of
another may stand on the subsequent aban-
donment of the adverse claim

Equitable Adjudication.

See Entry, Final Proof, Private Entry.

The authority of the Board under the
statutes and regulations considered................

In suspended pre-emption entries where
the error arises from ignorance, accident, or
mistake, and the land is held by a trans-
feree

467

514

461

87

489

Patent should be surrendered on applica-
tion for confirmation of entry which has
passed to patent....

183

Rules 11 and 13, prescribed by the Board,
not annulled by section 2457, R. S..

95

Rule 13 considered in its application to
private cash entries

528

410

Rule 24, covering cases where the home-
steader has failed to establish residence
within the period required..

Circular regulations with respect to
amendment of..

187

568

Rule 30, covering desert land entries in
which reclamation and proof were not made
within the statutory period.....

Final Proof.

See Alienation, Entry.

574

623

Element of weakness in, that the witnesses
do not live near the land

631

534

Submission of, at a particular time in or-
der to leave the land not necessarily incon-
sistent with good faith.

508

If no protest is found in the record it will
be presumed that none was filed

202

Officers selected to take, should not be
open to the charge of bias or prejudice..... 534

Failure of the claimant to make his own
proof on the day fixed may be cured by ac-
tion of the Board of Equitable Adjudica
tion where his witnesses appeared and tes
tified at the time and place designated ... 202
When taken at the time and place desig
nated, but not before the officer named in the
notice, the entry may be sent to the Board of
Equitable Adjudication.
406, 411, 519

An entry allowed on proof taken before
an officer not authorized to act in such ca-
pacity, may be referred to the Board of
Equitable Adjudication, in the absence of
other objection thereto......

That the officer named in the notice was
unauthorized to take, will not prevent equi-
table confirmation of the entry where the
proof was made at the time and place desig
nated but not before said officer.....

Where irregularly made supplementary
proof may be submitted after republication
by a transferee, showing that the entryman
complied with the law during the period
covered by the final proof, and the facts as
to the transfer..

May be taken within ten days after the
time advertised, where accident or unavoid-
able delay prevents submission on the day
fixed. Act of March 2, 1889, and circular
thereunder....

483

411

18

.314, 581

May be made before the proper officer of
any court of record in the judicial district
within which the land is situated.......... 509
Proof under section 2291 R. S., may be
made where commutation proof has been
rejected with right to submit new proof..85, 547
If not made within the statutory period,
the final entry should be submitted to the
Board of Equitable Adjudication....

If submitted after the statutory life of the
original entry, and found insufficient, new
proof may be made, in the absence of bad
faith, and if found sufficient the entry may
be sent to the Board of Equitable Adjudica
tion

626

614