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Must be proved affirmatively by a contest-
ant alleging it..

625

Voluntary, in the face of an adverse claim
which might have been successfully con-
tested, exhausts the pre-emption right..... 573
Voluntary, on erroneous information given
by the local officers (regarding effect of a
railroad grant), makes the land public..474, 570
Where decedent's father, the sole heir,
never lived on or cultivated the land, and
permitted a removal of the improvements,
the land was abandoned......

It is competent to show that an abandon-
ment was occasioned by duress

Where A left the land, and B made set-
tlement, and, without cultivating or estab-
lishing residence, also left it for three
months, during which period A returned,
and thereafter complied with the law, A's
right is superior....

HOMESTEAD.

Sale of improvements is evidence of......
The acts of the husband are the acts of
his wife, his neglect her neglect, and his
abandonment her abandonment....

572

572

625

62

81

Only the wife shall be heard to show her
husband's desertion of her in proof of aban-
donment, for seven years after his entry... 81
Absence of entryman for five months prior
to contest working at his trade, with occa-
sional returns to the land, and a quit-claim
deed to a third person, which appears to
have been a mortgage, and a relinquish-
ment, executed but not filed, are, in view of
other evidences of good faith, not proof of
abandonment ...

Question of abandonment under Sec. 2297,
R. S., was an issue between the government
and the settler; on proof of, the land re-
verted to the United States; this was
changed by Sec. 2, Act of May 14, 1880, which
gave a preferred right to the successful con-
testant of an entry

27

Is admitted if, after a relocation applica-
tion alleging it, the original locators fail to
adverse; if adverse claim is filed, the ques
tion is a proper one for the courts
OREGON DONATION.

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The settler alone represents the claim;
his abandonment is the abandonment of his
wife, his neglect is her neglect..

698

81

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Required by Sec. 2262, R. S., may be made
before a probate judge in Dakota acting as
clerk, when at the county seat where the
court is holden......

Required by Sec. 2262, R. S., must be made
before the register or receiver, but if inade
before a clerk may be cured by a supple-
mental affidavit

One who swears falsely in the premises
forfeits the money (supreme court scrip)
paid for the land, and also all right and title
to the land itself

As to effect of false swearing, see, also,
Fraud.

HOMESTEAD.

Made under Sec. 2294, R. S., is for the
protection of the settler's claim against
strangers; if executed prior to, but re-
ceived at the local office subsequent to, a
private entry, the settler has priority of
right to the land...

224

622

599

123

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Declaration of deceased husband or father
is the declaration of the widow or children;
the citizenship of the husband or father is
the citizenship of the wife or children..... 611
Daughter of an alien, deceased, who was

a minor when her father declared his inten-
tions, may exercise right of pre-emption ... 611
The son of an alien, living, whose father
has only declared bis intentions, and who
was a minor at immigration, is not qualified
to make entry without having filed his own
declaration of intentions; entry made by
him must be canceled....

Settlement and filing before declaration of
intention are of no legal effect; where filing
is so made, a subsequent settlement, after
declaration of intention, will support the
filing in the absence of an intervening ad-
verse claim...

HOMESTEAD.

The minor daughter (nineteen years old),
continuing in person or by proxy to culti
vate and reside on land entered as a home-
stead by her father (who had filed his decla-
ration of intention, but had not obtained a
certificate of naturalization), may by herself
or guardian make final proof, upon filing ev-
idence that she has taken the oaths pre-
scribed in Sec. 2168, R. S

612

627

100

Alien heirs of a homestead entryman may
purchase under Sec. 2, Act of June 15,
1880......

98

Page.

Applicants, alien born, must accompany
affidavits with record proof that they have
declared their intention to become citi
zens.......

A declaration of intention by the entry.
man, who dies before being fully naturalized,
is equivalent to a declaration by his widow
or minor children...

An alien immigrating during his minority,
and remaining until after his majority, must
file a declaration, under Sec. 2165, R. S., or
comply with the requirements of Sec. 2167,
R. S., before being qualified for entry.

An honorable discharge from the United
States army is equivalent to a declaration of
intention

TIMBER CULTURE.

194

195

195

195

May declare his intentions, make timber-
culture entry, and absent himself from the
country for two years or more without for.
feiting the entry, provided that he returns
and that the law is complied with.......... 251
Applicants alien born must accompany
their affidavits with proof that they have
declared their intention to become citizens. 194
Who innocently made entry, which was
canceled for non-compliance with law, may
make another after he becomes a citizen ... 250
DONATION.

Where alien claimant having declared his
intentions, died before naturalization, his
possessory right descended to his heirs and
patent properly issued to them; application
by purchasers at administrator's sale to can-
cel patent denied...

Alienation.

Of pre-emption, homestead, and other
rights to land, see Abandonment and Fraud.
Of improvements, see under Public Land.

Amendment.

OFFICIAL NEGLECT OR ERROR.

For rulings, see under Land Department.
APPLICATION.

439

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Allowed after contest commenced, where
the tract was by mistake entered as an orig.
inal instead of an adjoining farm homestead. 38
Where settler entered the wrong tract by
mistake, and failed to reside on either tract
by reason of his wife's sickness, he may
amend so as to embrace the tract originally
selected if no adverse rights have mean-
while attached to it

Where one enters a tract by mistake and
intentionally settles on and improves another
tract, prior to act of May 14, 1880, he must
amend his entry before intervention of a
valid adverse right (pre-emption settlement
and filing)..

170

575

Where amendment is authorized, sixty
days only are allowed for making it...... 206
Allowed for adjacent land whereon the
entryman had accidentally cut timber..... 808
An amended entry founded on a misrepre
sentation of the facts should be canceled... 576
As to change of entry, see under Entry.
TIMBER-CULTURE ENTRY.

Refused, where another entry on the land
had been allowed; but in view of the equi.
ties a second entry is permitted.........

253

Entry was held for cancellation in May
1879 because of illegality, in that it em-
braced lands in Sections 14 and 23, with
privilege of amending by including a con-
tiguous tract in either section, but neither
appeal, cancellation, nor amendment was
made; in July 1879 a railroad withdrawal
embraced Section 23, and in 1880 the entry-
man made a new entry including the tract
originally entered and a contiguous tract in
Section 23; held that the second entry was
an amendment of the first and valid ....... 852
CONTEST PAPERS.

The liberal policy of the several States in
respect to amendments in judicial proceed-
ings will be recognized and adopted by the
Land Department, in so far as the amend
ment does not affect rights......

39

A motion to dismiss for informalities in
the affidavit should be granted, or amend-
ment allowed...
...217, 221

The omission to file an application for the
land in a timber-culture contest may be
remedied prior to or at the hearing, if no
other right has intervened...........296, 319
Where affidavit (against timber-culture
entry) is executed prematurely, but filed at
the proper time, it may be amended...............

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Appeal.

In relation to, see under Contest.

Application.

DILIGENCE.

See Diligence and Negligence.

OFFICIAL ERROR OR NEGLECT.

For rulings, see under Land Department.
BY CITIZENS.

For questions concerning, see Alien.
AMENDMENT.

For rulings, see Amendment.
PRE-EMPTION.

260

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249

With check for fees, will not bar a subse-

Page.

quent application with payment of fees in
money (filed on the same day)...

With tender of fees and commissions may
be perfected by the heirs (widow) after ap-
plicant's death...

Denying that land is timbered, must be
received subject to satisfactory proof of
the facts........

Where accompanying affidavit shows but
a hundred, or a half acre of, trees confined
to the margin of a stream, and the plats show
a sparse growth of timber, the application
must be accepted, subject to satisfactory
proof of the character of the land..

320

546

850

274

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Is not barred by a pending contest which
is illegal (without application for the land,
or with application to pre-empt), or void on
its face (alleging failure to cultivate the first
year after entry). ........248, 259, 282, 293, 297
MINERAL.

For a lode patent is barred by entry (lode)
dormant and uncanceled for seven years
For placer is barred by a homestead en-
try of record, until after a hearing on the
character of the land....

For special rulings under the mining laws,
see Mining Claim.

DONATION.

769

712

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Misleading information by, upon which
claimant took possession of and improved a
tract, without initiating a legal claim to it,
will not avail against an adverse claimant.. 56
Acting for entryman and for adverse
claimants, and also endeavoring to secure
the land for himself, will be disbarred...... 62
Disbarred from practice before the Land
Department, will nevertheless be recognized
as a notary public.........................

.... 214

Whether a power of attorney given to an
attorney while disbarred may be used after
his reinstatement, quære

214

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Cancellation.

For rulings concerning, see under Entry.
Certiorari.

In relation to, see under Contest.
Circulars.

August 26, 1876, cited; entries by officers
and employés of the Land Department..... 754
March 12, 1877, cited; desert lands; want
of harmony (as to assignability of claims)
with decisions pointed out

24

January 8, 1878, cited; time of executing
homestead and timber-culture applications
and affidavits

October 1, 1878, cited; saline lands.......
July 1, 1879; entry on possession of a
bona-fide settler is invalid; contestant
should be protected when acting under its
authority if in force at date of initiation of
the contest.......

269

848

66

June 16, 1880, cited; applications for re-
payment under Sec. 2, Act of June 16, 1880.. 661
July 17, 180, cited; insane settlers
August 6, 1880, cited; repayments.

103

- 661

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