Slike strani

See Accounts, (fees and commissions,)No. 15.

Public lands, No. 385, et seq.


See Public lands, No. 374, et seq.

See Public lands, Nos. 409, 410, 411; (pre-emption and timber-culture lass)

No. 287 (requirements,) Nos. 326, 327, 328.

TIMBER DEPREDATIONS-DIVISION P. Accretions : 1. Lands formed by,-adjoining public lands, belong to the Gov't,

from which timber cannot be cut without violation of law. Com'r. (P.) Oct. 4, 1881. Wm. Reminger. Construction : 2. Under acts of June 3, 1878, (chaps. 150 and 151,) timber cut in

any of the States or Territories named in either act, not to be exported. Agriculturists and miners may, committing no waste, cut timber from public lands for clearing and preparing them for tillage, and for the ordinary working of mines. One who cuts for the farmer or miner for above

purposes is protected, the same as they would be.

Sec'y. June 3, 1878. Contractors : 3. For timber unlawfully taken from public land, knowing or har.

ing reason to believe it was so taken; or who cut or encouraged or incited others to do the unlawful cutting, are

liable to civil and criminal prosecution.

Com'r. (P.) Feb. 15, 1882. M. Krebs. Damages : 4. Homestead claimant cannot collect, for timber cut on unpatented

claim, or hold for damages the timber cut; the Gov't only

has that right.
Com'r. (P.) Mar. 6, 1882. M. T. records.
5. Innocent purchaser of timber illegally cut may be sued by U.

S. for full enhanced value; or timber may be replevied.
Bly v. U. S., 4 Dillon, C. C., 465.
Com'r. (P.) Dec. 1, 1880, Oscar B. Barber; Feb. 24, 1881, Wm.

F. Prosser; U.S. v. Smith, April term, U. S. dis't. court,

Ark. 6. In action for timber cut and carried away, the measure of dam

ages is : 1. Where defendant is a willful trespasser the full value at time and place of demand or of suit brought, with no deduction for laborand expense of defendant. 2. Where defendant is an unintentional trespasser, or his innocent vendee, the value at time of conversion, less the enhanced value by their labor and expense. 3. When defendant is a purchaser without notice of wrong from a willful tres

passer, the value at time of purchase. E. E. B. W. W. Co. v. U.S. (in error.) U. S. Sup. Court, Oct.

' term, 1882.

Fires :

7. Destruction of timber by; directions for prevention, &c.

Com'r. (P.) Circular, Sept. 9, 1882, 9 C. L. O., 136. Homestead and pre-emption : 8. Homesteaders residing upon their claims may cut timber on the

portion to be cultivated ; surplus thereof, not required for actual improvements, and such only, may be sold by claim

ant. Com'r. (P.) Jan. 27, 1882, Cha's Conner; Feb. 3, 1882, A. M.

Casted; Feb. 28, 1882, J. H. Prince, 8 C. L. O., 192. 9. Homestead claimant, in possession of the land covered by his

entry, is entitled to protection from the courts against

timber trespassers thereon. Act'g. Com'r. (P.) Jan. 7, 1881. W. T. Nelson. 10. Homestead and pre-emption claimants are liable to prosecution,

civil and criminal, for cutting and disposing of timber from their claims not entered in good faith, or cut under false

pretenses of improving, &c. Com'r. (P.) Dec. 1, 1880. 0. B. Baker. Bly v. U. S., 4 Dil

lon, C. C., 465. 11. Homestead is an estate with conditions precedent. The entry

is in fact but an application only, giving the applicant no property in the land until acquired by compliance with the

requirements of law.

Com'r. (P.) Feb. 24, 1882. U. S. v. Wiley. Mesquite: 12. Cannot be cut from public lands, mineral or non mineral, to be

exported from State or Territory where cut, or for sale to any railroad for fuel or repairs; may be cut from mineral

lands for use of actual settlers, residents, or miners, only.

Com'r. (P.) Circular, Oct. 12, 1882, 2 Rep'r, 147. Merican and Spanish grants : 13. Lands claimed under are U. S. lands until confirmed; pending

which the grant claimants have no right to cut timber thereon for sale; nor have railroad companies a right to

cut or dispose of timber on such grants. Com'r. (P.) July 25, 1881, Conway, Risque, and Childers; to

Sec'y. Feb. 1, 1882; July 15, 1882, 9 C.L.O., 121; 2 Repr,


Sec'y. June 3, 1882, 9 C. L. 0., 80. Military post : 14. Contractor for supplying, may cut wood on public land for the

purpose-not comunitting waste-provided the Gov't only

pays for the cutting and hauling. Sec'y. Sept. 26, 1882, 9 C. L. 0., 136.


. Mining claims : 15. Locators of, complying with the law governing their possession,

are invested with exclusive right of possession and enjoy. ment of all the surface embraced in their location ; have a transferable property interest therein, which may be asserted in the courts. The Gov't cannot be made a party

in a suit for trespass on such location. H. Mis. 45, pt. 1-10

Mining claims—Continued. 16. Timber necessary for mining purposes thereon, only can be cut

on mining ground. U. S. v. Nelson, 5 Saw., C. C., 68. 17. Timber may be cut from mineral lands for domestic and mining

purposes only—not for export. None less than 8 inches
diameter can be cut. Waste is prohibited and destruction

by fires.
Sec'y. May 25, 1882, 9 C. L. 0., 63, 100, 2 Repr, 115, 123.

Purchasers : 18. Of timber unlawfully cut, knowing the fact, or of lumber made

from the same, are liable to prosecution, both civil and


Com'r. (P.) Feb. 24, 1881. W. F. Prosser. Railroads : 19. Authorized agents of only, (and the men employed by them,

can take timber from the public lands for construction

purpo-es. Com'r. (P.) Oct. 27, 1881, J. W. Jones; Mar. 31, 1882, Newkirk,

Riley & Graves, 9 C. L. O., 38. Circulars, July 15, 1881,

1 Rep’r 50; June 30, 1882, 2 id., 123, 9 P. L. O., 100. 20. Cannot take timber from public land along the line of one road

to construct another; but only from land along the road

to be constructed. Com'r. (P.) Aug. 3, 1881, A. T. & S. F. R. R. Co.; Nor. 2,

1881, N. M. & S. P. R. R. Co.; Nov. 25, 1881, A. T. & S. F. R. R. Co.; Jan. 16, 1882, N. M. & S. P. R. R. Co.; to Sec’y. July 15, 1882, 9 C. L. O., 121, 2 Rep'r 131. Circulars, July 15, 1881, i Rep'r, 50; June 30, 1882, 2 Rep'r 123,

9 C. L. O., 100; July 22, 1882, 9 C. L. O., 100. 21. Maps of location must be filed and approved before timber can

be taken from adjacent public lands for construction ; and before the application required by circular of July 15, 1881,

can be granted. Com'r. (P.) Oct. 25, 1881, R. & R., Boise City, Idaho; May 4,

1882, 0. S. L. R’y. Co.; same date, U. N. R’y. Co. 22. Their right to take material from public lands for construction

purposes, ceases on completion of track between terminal

points. Com'r. (P.) Feb. 20, 1882. N. M. & S. P. R. R. Co., 1 Rep'r, 91. 23. Unearned lands, within limits of grants to railroads, are subject

to control of Land Dep’t., and timber thereon will be pro

tected from trespass. Com'r. (P.) Aug. 27 and Nov. 16, 1881. N. P. R. R. Co.; U. S.

v. Childers, U. S. dis't. court, Oregon, June term, 1882. 24. Until definite location is made and approved, and land op

posite each section of road earned, it should be protected

by the Gov't from timber trespass. Com'r. (P.) Oct. 14, 1881, and Nov. 16, 1881. W.F. Pros er,

School lands : 25. Timber cannot be taken from, by railroads or settlers. Such

lands are reserved from, not included in public lands from which timber may be taken, or which are open to settle


Com'r. (P.) Nov. 16, 1881. W. F. Prosser. Telegraph companies : 26. Complying with requirements of law, (R. S. 5263–69,) can take

timber from public lands for construction of line. Indi. viduals or associations, not so organized, so cntting, are

liable to prosecution, civil and criminal.

Com'r. (P.) July 29, 1882. T. Harlan. Timber agents : 27. Appointment of, by Land Dep't recognized by Congress by ap

propriation for their payment. Well v. Nickles, 104 S. C., 444. 28. Compromise by agent, by which trespasser pays costs and gives

bond to pay for timber taken when value shall be ascer.

tained, is binding on U. S. Id.

Seo Mines, &c., (mining claim,) No. 147.


See Public lands, No. 287.


Seo Public lands, No. 412.

See Mines, fc., No. 235.

Patents, No. 18.
Private land claims, (act of June 22, 1860,) Nos. 2, 3, 4.
School lands, Nos. 7, 8.


See Pre-emption, (incorporated limits,) No. 74; (residence,) No. 129.


See Pre-emption, No. 152, et seq.


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1. Abandoned,-land may be taken up under donation act.
Bear v. Luse, 6 Saw., C. C., 148.

2. Entry of, by probate judge is in trust for occupants. Party in

actual possession of a lot cannot be deprived of his right
by award of the commissioners and deed by judge to an-

Rathbone v. Sterling, 25 Kan. R., 444.

3. Settler on, has a mortgageable interest; and having afterwards

procured the title, mortgage becomes valid. Reasoner v. Markley, id., 635. See Mines, 8c., Nos. 236, 237 ; (mill site) No. 129; (patent,) Nos. 157, 158,

Pre-emption, Nos. 158, 159, 160.
Prirate land claims, (Oregon donations,) No. 83.


Soe Pre-emption, Nos. 161, 162; (declaratory statement,) No. 32.

Public lands, (entry,) No. 157.


See Mexican and Spanish grants, No. 7.


See Mines, fo., (possession,) No. 186.

Pre-emption, No. 163.


See Mines, 8c., (locator,) No. 108.
Railroads, No. 73.

Seo Mines, fc., No. 238, et seq. ; (lode or ledge,) Nos. 120, 121; (Sutro,) No.

230, et seq.

See Private land claims, (jurisdiction,) Nos. 39, 40.


See Pre-emption, (possession,) No. 96; (State selections,) No. 149.

Public lands, No. 414.


Seo Mines, f*c., (mineral entry,) No. 135.

Pre-emption, (settlement,) No. 143.


See Pre-emptim, No. 164.


See Public lands, No. 416.


See Public lands, (forcible intrusion,) No. 183; (tbreats,) No. 559.

See Mines, fc., No. 241.

Pre-emption, No. 165, et seq.
Private land claims, (acceptance,) No. 1.

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