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even when unaccompanied by a sufficient charge of nonresidence. (Norton v. Ackley, 29 L. D., 561.)
Under the three-year homestead law a mere breaking of the soil will not meet the terms of the statute, but such breaking or stirring of the soil must also be accompanied by planting or the sowing of seed and tillage for a crop other than native grasses. Circular of July 15, 1912 (41 L. D., 103, 105).
The homestead law “requires not only bona fide residence upon the land, but actual cultivation. Claimant's cultivation is grossly inadequate to meet the requirements of the law, and in its inadequacy casts further doubt upon the bona fides of the residence. The cutting of wild hay from a homestead entry can not be considered seriously as cultivation of the land. This is particularly true when the part of the land from which the hay was not cut has not been used for grazing purposes; and also when the total cultivation during the life of the entry amounts to not more than half an acre planted to crops and an additional acre plowed. A pretense of cultivation can not satisfy the requirements of the law any more than a pretense of residence.” (Ingelev J. Glomset, 36 L. D., 255.)
The use of land for the raising of hogs is an agricultural use, and where the land is better adapted to that use than tillage of the soil, meets the requirements of the homestead law with respect to cultivation. (George Hathaway, 38 L. D., 33, syllabus.)
Cultivation must be continuous from date of entry. (Hon v. Martinas, 41 L. D., 119.)
One who makes homestead entry of land subject and generally known to be subject to climatic or other conditions making compliance with the requirements of the law more or less difficult, takes upon himself a burden commensurate with such conditions; and so long as he retains the entry he must comply with what the law requires in the matter of residence, improvement and cultivation. (Fred H. Parker, 42 L. D., 96.)
Summer fallowing can not be accepted as the equivalent of cultivation under the homestead laws. (Matthew L. Kagle, 41 L. D., 531.)
Merely remaining upon public land without bona fide cultivation and reasonably diligent effort in the way of improvement is not the maintenance of such a settlement as the law contemplates shall reserve a tract from other appropriation—especially at the hands of a prior claimant who makes first application to enter the same. (Stephenson v. Pashgian, 42 L. D., 113.)
Where a claimant for a tract of public land appeals to the letter of the law as against an adverse claimant, he must himself stand or fall by the letter of the statute. (Id.)
The planting and care of fruit trees, in the development of a fruit farm, is cultivation to agricultural crops within the contemplation and purview of both the
general homestead law and the threeyear homestead act of June 6, 1912. (Ferdinand J. Clifford, 42 L. D., 535.)
Planting a crop with no expectation or intention of securing a return therefrom is not compliance with the homestead law in the matter of cultivation. (Reas v. Ludlow, 22 L. D., 205.)
Contest and protest.
In this case there is no individual adverse claimant, but the Government, by its Chief Executive, has claimed the land within the boundaries of said reservation for a specific public purpose (i. e., a forest reservation), excepting only the lands coming within the above category; and the Executive order, reserving the land for a specific public purpose must be held to be at least as effective upon the claims of settlers as would be the adverse claim of one who wished the land for his own use. Held, therefore, that a settler who failed to file his application for entry within three months after the plat of survey was filed in the local land office, was precluded from making entry in the presence of an intervening forestry withdrawal. (Joshua L. Smith, 31 L. D., 57; see also Hattie E. Bradley, 34 L. D., 191, 193, and Esther F. Filer, 36 L, D., 360, 363.)
A decision by the Secretary of the Interior that a telegram and letter from a special agent of the General Land Office, alleging fraud in a number of commuted entries and suggesting delay in issuing patents pending further examination, constitutes a “protest" in the meaning of the act of March 3, 1891 (26 Stat., 1099), requiring issuance of patent within two years after final receipt when no “contest or protest is pending,” is not reviewable on an application for a writ of mandamus. (Fisher v. United States ex rel., Grand Rapids Timber Co. (Ct. of Appeals D. C.), 40 L. D., 278; see also Jacob A. Harris, 42 L. D., 611.)
Section 2 of the act of March 3, 1911 (36 Stat., 1084), validating certain homestead entries in national forests applies to all contests initiated under the act of May 14, 1880, prior to the forestry withdrawal, where cancellation of the entry results therefrom, regardless of whether the cancellation was
procured prior or subsequent to the withdrawal. (Sante Fe Pacific R. R. Co., 39 L. D., 611.) Miscellaneous.
The excepting clause of the Olympic National Forest proclamation ceases to apply in behalf of a settler who fails to make entry or filing for the lands within the time allowed by law. (Arnold Wink, 31 L. D., 47.) On the relinquishment of a homestead entry within the San Fran
a cisco Mountains Forest Reserve, the lands become a part of the forest reserve and are not open to subsequent entry. (E. S. Gosney, 29 L. D., 44.)
Where a homestead entryman was in default at the time of reservation of the lands for forest purposes, he can not thereafter cure the default in the face of the reservation. (Svan Hoglund, 43 L. D., 538.)
Commutation of a homestead entry included within a forest reservation can not be allowed unless it be shown that at the date of the reservation the homestead law was being complied with by the entryman. (Id.)
By the excepting clause in the proclamation of May 6, 1905, creating the Klamath Forest Reserve, it was intended to except from the reservation those legal entries upon which the entrymen were at that time complying with the law and continued to comply with the law after the reservation was made. (Id.)
Basic provisions of the mining laws.
SEC. 2318. In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. Mineral lands open to purchase.
SEC. 2319. All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States. Size of lode claims.
SEC. 2320. Mining claims upon veins or lodes of quartz or other rocks in place bearing gold, silver, cinnibar, lead, tin, copper, or other valuable deposits, heretofore located, shall be governed as to length along the vein or lode by the customs, regulations, and laws in force at the date of their location. A mining claim located after the tenth day of May, eighteen hundred and seventy-two, whether located by one or more persons, may equal, but shall not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claim be limited by any mining regulation to less than twenty-five feet on each side of the middle of the vein at the surface, except where adverse rights existing on the tenth day of May, eighteen hundred and seventy-two, render such limitation necessary. The end lines of each claim shall be parallel to each other. Locators' rights.
SEC. 2322. The locators of all mining locations heretofore made or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, eighteen hundred and seventy-two, so long as they comply with the laws of the United States, and with State, Territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior
parts of such veins or ledges. And nothing in this section shall au-
SEC. 2323. Where a tunnel is run for the development of a vein or
Sec. 2324. The miners of each mining district may make regulations not in conflict with the laws of the United States, or with the laws of the State or Territory in which the district is situated, governing the location, manner of recording, amount of work necessary to hold possession of a mining claim, subject to the following requirements: The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim. On each claim located after the tenth day of May, eighteen hundred and seventy-two, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed or improvements made during each year. On all claims located prior to the tenth day of May, eighteen hundred and seventy-two, ten dollars' worth of labor shall be performed or improvements made by the tenth day of June, eighteen hundred and seventy-four, and each year thereafter, for each one hundred feet in length along the vein until a patent has been issued therefor; but where such claims are held in common, such expenditure may be made upon any one claim; and upon a failure to comply with these conditions the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required hereby, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his pro
portion of the expenditure required by this section his interest in the claim shall become the property of his co-owners who have made the required expenditures. [Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two. Amendment of Jan. 22, 1880, 21 Stat., 61.] How patents obtained.
SEC. 2325. A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under this chapter, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of this chapter, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the United States surveyor general, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the United States surveyor general that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shail identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register and the receiver of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of five dollars per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this chapter. [Provided, That where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits re