In matters not specially charged the issue is between the government and the entry man... Wrongful dismissal of, in the local office, and intervention of a second, will not defeat rights under the first, if said dismissal was vot through any fault of the first contest ant.. Should be re-instated where it was dismissed in the absence of the contestant and said absence was through the fault of the defendant 408 129 60 Should be dismissed, where the contestant fails to appear, either in person or by counsel, on the day fixed for hearing.......... 252 Failure of the contestant to appeal will not preclude the Department from considering the evidence with the view to protecting the interests of the government.. Withdrawal of the contestant will not prevent the Department from considering the evidence, and passing upon the rights of the entryman as between him and the govern. ment 177 394 Government may take advantage of evidence brought out in a contest, though on a point not charged in the affidavit of...... 395 HOMESTEAD. Of divorced wife against the homestead entry of her former husband on the ground of abandonment must fail where it appears that his family lived upon the land daring his absence, and that she forcibly retained possession on his return thereto....... Desertion of the wife can not be shown in support of the charge of abandonment or change of residence, except by her ..... Charging failure to establish residence, and abandonment, must fail where prior to legal notice thereof the entryman had cured his laches.. 35 35 198 452 Affidavit of, may be amended.... 452 Affidavit of, in the nature of an information.... Date when the affidavit of, is received and accepted determines whether the contest is premature Not material that affidavit of, was executed before a person that subsequently represented the contestant.... Not held as filed where the papers are placed in the hands of a special agent by the contestant Second, should be received and held without action pending final disposition of the first.... .26, 400, 423, 428 Second, may be brought by an unsuccessful contestant on new grounds, in which the good faith of an intervening contest may be attacked The institution of a second, waives all rights that the contestant may have had under the first ...... Charge must be established by a preponderance of the evidence to warrant cancellation 468 346 373 An offer to sell is not a good ground of.. 262 A general allegation of non-compliance not good 408 80 80 Should not be allowed for land covered by Application for amendment should show Pending applications for amendment If the evidence in support of an applica DESERT LAND. 155 . Confers no right in the presence of a valid 213 May be amended so so to embrace the land 254 The right to make second for same tract Allowed in contravention of the terms of 464 560 PRE-EMPTION. 41 155 155 Under an award of joint entry the parties In case of conflicting settlement before 177 tion... Amendment not allowed for adjacent 3 3 261 |